Federal Register Vol. 81, No.78,

Federal Register Volume 81, Issue 78 (April 22, 2016)

Page Range23563-24008
FR Document

81_FR_78
Current View
Page and SubjectPDF
81 FR 23755 - Sunshine Act MeetingsPDF
81 FR 23757 - Sunshine Act; Notice of a Matter To Be Added to the Agenda for Consideration at an Agency MeetingPDF
81 FR 23744 - Sunshine Act MeetingsPDF
81 FR 23700 - Notification of a Public Teleconference of the Science and Information SubcommitteePDF
81 FR 23746 - Temporary Road Closure on Public Lands in Owyhee County, IDPDF
81 FR 23666 - Resource Management PlanningPDF
81 FR 23683 - Applications for New Awards; Magnet Schools Assistance ProgramPDF
81 FR 23801 - Notice of Opportunity for Public Comment on a Property Swap at Augusta State Airport in Augusta, MEPDF
81 FR 23680 - Pacific Fishery Management Council; Public MeetingPDF
81 FR 23678 - Fisheries of the South Atlantic; South Atlantic Fishery Management Council and Mid-Atlantic Fishery Management Council; Public Meeting; CorrectionPDF
81 FR 23705 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
81 FR 23761 - Tennessee Valley Authority; Watts Bar Nuclear Plant, Unit 1; Application and Amendment to Facility Operating License; CorrectionPDF
81 FR 23702 - Federal Travel Regulation (FTR); Relocation Allowances-Relocation Income Tax (RIT) Allowance TablesPDF
81 FR 23762 - Steam Generator Materials and DesignPDF
81 FR 23758 - Guidance for Closure of Activities Related to Recommendation 2.1, Flooding Hazard ReevaluationPDF
81 FR 23747 - Outer Continental Shelf (OCS), Gulf of Mexico, Oil and Gas Lease Sales for 2017-2022 MMAA104000PDF
81 FR 23762 - Request for a License To Import Radioactive WastePDF
81 FR 23761 - Request for a License To Export Radioactive WastePDF
81 FR 23676 - Diamond Sawblades and Parts Thereof From the People's Republic of China: Rescission of Antidumping Duty Administrative Review in Part; 2014-2015PDF
81 FR 23675 - Steel Concrete Reinforcing Bar From the Republic of Turkey: Notice of Partial Rescission of Countervailing Duty Administrative Review, 2014PDF
81 FR 23704 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
81 FR 23682 - Privacy Act of 1974; System of RecordsPDF
81 FR 23754 - Information Collection; Request for Public CommentsPDF
81 FR 23604 - Special Local Regulation; Regattas and Marine Parades in the COTP Lake Michigan Zone-Chinatown Chamber of Commerce Dragon Boat Race, Chicago, ILPDF
81 FR 23757 - Proposal Review Panel for Materials Research; Notice of MeetingPDF
81 FR 23700 - Environmental Impact Statements; Notice of AvailabilityPDF
81 FR 23683 - Strategic Environmental Research and Development Program, Scientific Advisory Board; Notice of Federal Advisory Committee MeetingPDF
81 FR 23758 - Proposal Review Panel for Materials Research; Notice of MeetingPDF
81 FR 23701 - Notice to All Interested Parties of the Termination of the Receivership of 10281, Independent National Bank, Ocala, FLPDF
81 FR 23799 - Culturally Significant Objects Imported for Exhibition Determinations: “The Brothers Le Nain: Painters of Seventeenth-Century France” ExhibitionPDF
81 FR 23798 - Culturally Significant Objects Imported for Exhibition Determinations: “Karel Appel: A Gesture of Color-Paintings and Sculptures, 1947-2004” ExhibitionPDF
81 FR 23798 - Culturally Significant Object Imported for Exhibition Determinations: “Medieval Permanent Collection Galleries” ExhibitionPDF
81 FR 23798 - Culturally Significant Objects Imported for Exhibition Determinations: “Moholy-Nagy: Future Present” ExhibitionPDF
81 FR 23798 - Department of State FY 2015 Service Contract InventoryPDF
81 FR 23702 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
81 FR 23700 - 63SU 8ME LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
81 FR 23697 - Combined Notice of FilingsPDF
81 FR 23748 - Notice of Proposed Information Collection; Request for Comments for 1029-0120PDF
81 FR 23796 - Oklahoma Disaster #OK-00102PDF
81 FR 23797 - Mississippi Disaster Number MS-00084PDF
81 FR 23797 - Illinois Disaster #IL-00048PDF
81 FR 23694 - Appliance Standards and Rulemaking Federal Advisory CommitteePDF
81 FR 23694 - Orders Granting Authority To Import and Export Natural Gas, To Import and Export Liquefied Natural Gas, and To Vacate Authorization During March 2016PDF
81 FR 23680 - Procurement List; Additions and DeletionsPDF
81 FR 23682 - Procurement List; Proposed DeletionsPDF
81 FR 23708 - Announcement of the Award a Single-Source Program Expansion Supplement Grant to BCFS Health and Human Services in San Antonio, TXPDF
81 FR 23751 - Agency Information Collection Activities; Comment Request; Youthful Offender Grants Management Information System, (OMB Control No. 1205-0513) Extension With RevisionsPDF
81 FR 23752 - Program Reporting and Performance Standards System for Indian and Native American Programs Under Title I, Section 166 of the Workforce Innovation and Opportunity Act (WIOA), Extension With Revision; OMB Control No. 1205-0422PDF
81 FR 23753 - Proposed Collection, Comment RequestPDF
81 FR 23756 - Agency Information Collection Activities: Reverse Mortgage Products: Guidance for Managing Compliance and Reputation Risks; Comment RequestPDF
81 FR 23803 - Advisory Committee: National Academic Affiliations Council; Notice of MeetingPDF
81 FR 23701 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
81 FR 23702 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
81 FR 23722 - Determination of Regulatory Review Period for Purposes of Patent Extension; LUZUPDF
81 FR 23708 - Scientific Evidence in Development of Human Cells, Tissues, and Cellular and Tissue-Based Products Subject to Premarket Approval; Public WorkshopPDF
81 FR 23661 - Draft Guidances Relating to the Regulation of Human Cells, Tissues, and Cellular and Tissue-Based Products; Rescheduling of Public Hearing; Request for CommentsPDF
81 FR 23701 - Radio Broadcasting Services; AM or FM Proposals To Change the Community of LicensePDF
81 FR 23723 - Authorization of Emergency Use of an In Vitro Diagnostic Device for Detection of Zika Virus; AvailabilityPDF
81 FR 23709 - Authorization of Emergency Use of an In Vitro Diagnostic Device for Detection of Ebola Zaire Virus; AvailabilityPDF
81 FR 23720 - Agency Information Collection Activities; Proposed Collection; Comment Request; Export of Medical Devices; Foreign Letters of ApprovalPDF
81 FR 23733 - Risk Assessment of Foodborne Illness Associated With Pathogens From Produce Grown in Fields Amended With Untreated Biological Soil Amendments of Animal Origin; Request for Scientific Data, Information, and Comments; Extension of Comment PeriodPDF
81 FR 23664 - Draft Guidances Relating to the Regulation of Human Cells, Tissues, and Cellular and Tissue-Based Products; Extension of Comment PeriodsPDF
81 FR 23758 - Advisory Committee for Computer and Information Science and Engineering; Notice of MeetingPDF
81 FR 23679 - North Pacific Fishery Management Council; Public MeetingPDF
81 FR 23675 - Del Norte County Resource Advisory CommitteePDF
81 FR 23674 - Fishlake Resource Advisory CommitteePDF
81 FR 23767 - Submission for OMB Review; Comment RequestPDF
81 FR 23779 - Submission for OMB Review; Comment RequestPDF
81 FR 23792 - Submission for OMB Review; Comment RequestPDF
81 FR 23793 - Submission for OMB Review; Comment RequestPDF
81 FR 23745 - Endangered Species; Receipt of Applications for PermitPDF
81 FR 23667 - NASA Federal Acquisition Regulation Supplement: Clarification of Award Fee Evaluations and Payments (NFS Case 2016-N008)PDF
81 FR 23757 - Arts Advisory Panel MeetingsPDF
81 FR 23677 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries ResearchPDF
81 FR 23695 - Combined Notice of Filings #1PDF
81 FR 23699 - Great Lakes Hydro America, LLC; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and ProtestsPDF
81 FR 23696 - Combined Notice of Filings #2PDF
81 FR 23692 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; ED School Climate Surveys (EDSCLS) Benchmark Study 2017 UpdatePDF
81 FR 23631 - Drawbridge Operation Regulation; Arthur Kill, Staten Island, New YorkPDF
81 FR 23632 - Safety Zone; Xterra Swim, Myrtle Beach, SC Intracoastal Waterway; Myrtle Beach, SCPDF
81 FR 23678 - Submission for OMB Review; Comment RequestPDF
81 FR 23679 - Submission for OMB Review; Comment RequestPDF
81 FR 23739 - Agency Information Collection Activities: Regulations Relating to Recordation and Enforcement of Trademarks and CopyrightsPDF
81 FR 23803 - Clinical Science Research and Development Service Cooperative Studies Scientific Evaluation Committee; Notice of MeetingPDF
81 FR 23749 - Certain Three-Dimensional Cinema Systems and Components Thereof; Commission Determination To Extend the Target Date; Schedule for Filing Written Submissions on Certain IssuesPDF
81 FR 23749 - Polyethylene Retail Carrier Bags From China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam; DeterminationsPDF
81 FR 23750 - 1,1,1,2-Tetrafluoroethane (R-134a) From China; DeterminationPDF
81 FR 23578 - Special Conditions: Bombardier Inc. Model BD-700-2A12 and BD-700-2A13 Airplanes; Airplane Electronic System Security Protection From Unauthorized External AccessPDF
81 FR 23579 - Special Conditions: Gulfstream Aerospace Corporation Model GVII-G500 Airplanes; Airplane Electronic System Security Protection From Unauthorized External AccessPDF
81 FR 23570 - Special Conditions: Gulfstream Aerospace Corporation Model GVII-G500 Airplanes, Pilot Compartment View Requirements With an Enhanced Flight Vision SystemPDF
81 FR 23566 - Special Conditions: Dassault Aviation Model Falcon 5X Airplane; Use of Automatic Power Reserve (APR), an Automatic Takeoff Thrust Control System (ATTCS) for Go-Around Performance CreditPDF
81 FR 23801 - Petition for Exemption; Summary of Petition Received; PrecisionhawkPDF
81 FR 23800 - Petition for Exemption; Summary of Petition Received; Rotorcraft Leasing Co.PDF
81 FR 23802 - Petition for Exemption; Summary of Petition Received; Delta Air Lines Inc.PDF
81 FR 23800 - Petition for Exemption; Summary of Petition Received; William NelsonPDF
81 FR 23746 - Indian Gaming; Approval of Amendment to Tribal-State Class III Gaming Compact in the State of South DakotaPDF
81 FR 23799 - Petition for Exemption; Summary of Petition Received; Airlines for AmericaPDF
81 FR 23802 - Petition for Exemption; Summary of Petition Received; Delta Air Lines, Inc.PDF
81 FR 23737 - Prospective Grant of Exclusive License: The Development of Anti-CD70 Chimeric Antigen Receptors (CARs) for the Treatment of Chronic Myelogenous LeukemiaPDF
81 FR 23786 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change Establishing Fees Relating to End Users and Amending the Definition of “Affiliate,” as Well as Amending the Exchange's Price List To Reflect the ChangesPDF
81 FR 23773 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Establishing Fees Relating to End Users and Amending the Definition of “Affiliate,” as Well as Amending the Arca Options Fee Schedule and the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services to Reflect the ChangesPDF
81 FR 23780 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing of Proposed Rule Change Establishing Fees Relating to End Users and Amending the Definition of “Affiliate,” as Well as Amending the NYSE MKT Equities Price List and the NYSE Amex Options Fee Schedule To Reflect the ChangesPDF
81 FR 23768 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 14.3 Regarding the Requirements for the Listing of Securities That Are Issued by the Exchange or Any of Its AffiliatesPDF
81 FR 23771 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt Exchange Rule 14.10 Setting Forth Additional Requirements for the Listing of Securities That Are Issued by the Exchange or Any of Its AffiliatesPDF
81 FR 23765 - Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt Exchange Rule 14.10 Setting Forth Additional Requirements for the Listing of Securities That Are Issued by the Exchange or Any of Its AffiliatesPDF
81 FR 23793 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt Exchange Rule 14.10 Setting Forth Additional Requirements for the Listing of Securities That Are Issued by the Exchange or Any of Its AffiliatesPDF
81 FR 23735 - National Institute of General Medical Sciences; Notice of Closed MeetingPDF
81 FR 23739 - National Cancer Institute; Notice of Closed MeetingsPDF
81 FR 23734 - National Center for Advancing Translational Sciences; Notice of Closed MeetingPDF
81 FR 23735 - Submission for OMB Review; 30-Day Comment Request; The Framingham Heart Study (NHLBI)PDF
81 FR 23796 - Aldine Capital Fund II, L.P.; License No. 05/05-0310; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of InterestPDF
81 FR 23573 - Special Conditions: Gulfstream Aerospace Corporation, Gulfstream GVI Airplane; Non-Rechargeable Lithium Battery InstallationsPDF
81 FR 23631 - Drawbridge Operation Regulation; Newark Bay, Jersey City, NJPDF
81 FR 23669 - International Fisheries; Tuna and Tuna-Like Species in the Eastern Pacific Ocean; Fishing Restrictions Regarding Mobulid RaysPDF
81 FR 23645 - Fisheries of the Exclusive Economic Zone Off Alaska; Fixed-Gear Commercial Halibut and Sablefish Fisheries; Bering Sea and Aleutian Islands Crab Rationalization Program; Cost Recovery Authorized Payment MethodsPDF
81 FR 23764 - New Postal ProductPDF
81 FR 23563 - Surety Bond Guarantee Program; Miscellaneous AmendmentsPDF
81 FR 23706 - Announcement of the Re-Approval of the American Society of Histocompatibility and Immunogenetics (ASHI) as an Accreditation Organization Under the Clinical Laboratory Improvement Amendments of 1988PDF
81 FR 23658 - Proposed Amendment of Class E Airspace, Truckee, CAPDF
81 FR 23737 - Submission for OMB Review; 30-Day Comment Request; The Agricultural Health Study: A Prospective Cohort Study of Cancer and Other Diseases Among Men and Women in Agriculture (NIEHS)PDF
81 FR 23605 - Special Local Regulations and Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard DistrictPDF
81 FR 23604 - Mandatory Declassification Review ProgramPDF
81 FR 23656 - Airworthiness Directives; Airbus Helicopters Deutschland GmbH HelicoptersPDF
81 FR 23634 - International Product ChangesPDF
81 FR 23693 - President's Advisory Commission on Asian Americans and Pacific IslandersPDF
81 FR 23666 - Air Plan Approval: Tennessee: Knox County VOC Limits Revision for PermitsPDF
81 FR 23639 - Air Plan Approval; Tennessee: Knox County VOC Limits Revision for PermitsPDF
81 FR 23591 - Establishment of Class E Airspace; Coldwater, KSPDF
81 FR 23650 - Raisins Produced From Grapes Grown in California; Hearing on Proposed Amendment of Marketing Order No. 989PDF
81 FR 23734 - Announcement of Intent To Establish the Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2030 and Solicitation of Nominations for Membership; CorrectionPDF
81 FR 23916 - Business and Financial Disclosure Required by Regulation S-KPDF
81 FR 23740 - Federal Property Suitable as Facilities To Assist the HomelessPDF
81 FR 23581 - Airworthiness Directives; The Boeing Company AirplanesPDF
81 FR 23641 - Amendments Related to: Tier 3 Motor Vehicle Emission and Fuel StandardsPDF
81 FR 23660 - Proposed Revocation of Class E Airspace; Lake Providence, LAPDF
81 FR 23593 - Establishment of Class E Airspace; Danville ARPDF
81 FR 23592 - Establishment of Class E Airspace; Moriarty, NMPDF
81 FR 23597 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
81 FR 23601 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
81 FR 23594 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
81 FR 23602 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
81 FR 23586 - Airworthiness Directives; The Boeing Company AirplanesPDF
81 FR 23806 - National Performance Management Measures; Assessing Performance of the National Highway System, Freight Movement on the Interstate System, and Congestion Mitigation and Air Quality Improvement ProgramPDF

Issue

81 78 Friday, April 22, 2016 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Marketing Orders: Raisins Produced from Grapes Grown in California, 23650-23656 2016-09144 Agriculture Agriculture Department See

Agricultural Marketing Service

See

Forest Service

Army Army Department NOTICES Privacy Act; Systems of Records, 23682-23683 2016-09414 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23702-23704 2016-09398 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23704-23706 2016-09415 2016-09425 Re-Approval of the American Society of Histocompatibility and Immunogenetics as an Accreditation Organization under the Clinical Laboratory Improvement Amendments of 1988, 23706-23708 2016-09301 Children Children and Families Administration NOTICES Single-Source Program Expansion Supplement Grants: BCFS Health and Human Services in San Antonio, TX, 23708 2016-09383 Coast Guard Coast Guard RULES Drawbridge Operations: Arthur Kill, Staten Island, NY, 23631 2016-09347 Newark Bay, Jersey City, NJ, 23631 2016-09310 Safety Zones: Xterra Swim, Myrtle Beach, SC Intracoastal Waterway, Myrtle Beach, SC, 23632-23633 2016-09345 Special Local Regulations and Safety Zones: Recurring Marine Events and Fireworks Displays within the Fifth Coast Guard District, 23605-23630 2016-09288 Special Local Regulations: Regattas and Marine Parades in the COTP Lake Michigan Zone -- Chinatown Chamber of Commerce Dragon Boat Race, Chicago, IL, 23604 2016-09411 Commerce Commerce Department See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 2016-09385 23680-23682 2016-09386 Defense Department Defense Department See

Army Department

NOTICES Meetings: Strategic Environmental Research and Development Program, Scientific Advisory Board, 23683 2016-09408
Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: ED School Climate Surveys Benchmark Study 2017 Update, 23692-23693 2016-09348 Applications for New Awards: Magnet Schools Assistance Program, 23683-23692 2016-09437 Meetings: President's Advisory Commission on Asian Americans and Pacific Islanders, 23693-23694 2016-09181 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Program Reporting and Performance Standards System for Indian and Native American Programs Under the Workforce Innovation and Opportunity Act, 23752-23753 2016-09381 Youthful Offender Grants Management Information System, 23751-23752 2016-09382 Energy Department Energy Department See

Federal Energy Regulatory Commission

NOTICES Authority to Import and Export Natural Gas, Liquefied Natural Gas: ENSTOR ENERGY SERVICES, LLC, et al., 23694-23695 2016-09387 Charter Renewals: Appliance Standards and Rulemaking Federal Advisory Committee, 23694 2016-09388
Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Tennessee; Knox County VOC Limits Revision for Permits, 23639-23640 2016-09159 Tier 3 Motor Vehicle Emission and Fuel Standards, 23641-23645 2016-08912 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Tennessee; Knox County VOC Limits Revision for Permits, 23666 2016-09160 NOTICES Environmental Impact Statements; Availability, etc.; Weekly Receipts, 23700-23701 2016-09409 Meetings: Science and Information Subcommittee; Public Teleconference, 23700 2016-09452 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: The Boeing Company Airplanes, 2016-08539 23581-23591 2016-09000 Establishment of Class E Airspace: Coldwater, KS, 23591-23592 2016-09158 Danville, AR, 23593-23594 2016-08765 Moriarty, NM, 23592-23593 2016-08758 Special Conditions: Bombardier Inc. Model BD-700-2A12 and BD-700-2A13 Airplanes; Airplane Electronic System Security Protection from Unauthorized External Access, 23578-23579 2016-09336 Dassault Aviation Model Falcon 5X Airplane; Use of Automatic Power Reserve, an Automatic Takeoff Thrust Control System for Go-Around Performance Credit, 23566-23570 2016-09333 Gulfstream Aerospace Corp. Model GVII-G500 Airplanes, Pilot Compartment View Requirements with an Enhanced Flight Vision System, 23570-23572 2016-09334 Gulfstream Aerospace Corp. Model GVII-G500 Airplanes; Airplane Electronic System Security Protection from Unauthorized External Access, 23579-23581 2016-09335 Gulfstream Aerospace Corp., Gulfstream GVI Airplane; Non-Rechargeable Lithium Battery Installations, 23573-23578 2016-09311 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 23594-23604 2016-08751 2016-08753 2016-08754 2016-08756 PROPOSED RULES Airworthiness Directives: Airbus Helicopters Deutschland GmbH Helicopters, 23656-23658 2016-09237 Amendments of Class E Airspace: Truckee, CA, 23658-23660 2016-09300 Proposed Revocation of Class E Airspace: Lake Providence, LA, 23660-23661 2016-08770 NOTICES Petitions for Exemption; Summaries: Airlines for America, 23799-23800 2016-09327 Delta Air Lines, Inc., 23802-23803 2016-09325 2016-09330 Precisionhawk, 23801 2016-09332 Rotorcraft Leasing Co., 23800-23801 2016-09331 William Nelson, 23800 2016-09329 Property Swap at Augusta State Airport in Augusta, ME, 23801-23802 2016-09428 Federal Communications Federal Communications Commission NOTICES Radio Broadcasting Services: AM or FM Proposals to Change the Community of License, 23701 2016-09371 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receiverships: Independent National Bank Ocala, FL, 23701 2016-09405 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 2016-09349 23695-23699 2016-09351 2016-09394 Hydroelectric Applications: Great Lakes Hydro America, LLC, 23699 2016-09350 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: 63SU 8ME LLC, 23700 2016-09395 Federal Highway Federal Highway Administration PROPOSED RULES National Performance Management Measures: Assessing Performance of the National Highway System, Freight Movement on the Interstate System, and Congestion Mitigation and Air Quality Improvement Program, 23806-23913 2016-08014 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 23702 2016-09376 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 23701-23702 2016-09377 Fish Fish and Wildlife Service NOTICES Endangered Species Permit Applications, 23745-23746 2016-09357 Food and Drug Food and Drug Administration PROPOSED RULES Guidance: Regulation of Human Cells, Tissues, and Cellular and Tissue-Based Products; Extension of Comment Periods, 23664-23666 2016-09366 Regulation of Human Cells, Tissues, and Cellular and Tissue-Based Products; Rescheduling of Public Hearing, 23661-23664 2016-09372 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Export of Medical Devices; Foreign Letters of Approval, 23720-23721 2016-09368 Authorizations of Emergency Use: In Vitro Diagnostic Device for Detection of Ebola Zaire Virus, 23709-23720 2016-09369 In Vitro Diagnostic Device for Detection of Zika Virus, 23723-23733 2016-09370 Meetings: Scientific Evidence in Development of Human Cells, Tissues, and Cellular and Tissue-Based Products Subject to Premarket Approval, 23708-23709 2016-09373 Regulatory Review Periods: LUZU, 23722-23723 2016-09374 Requests for Information: Risk Assessment of Foodborne Illness Associated With Pathogens From Produce Grown in Fields Amended With Untreated Biological Soil Amendments of Animal Origin, 23733-23734 2016-09367 Forest Forest Service NOTICES Meetings: Del Norte County Resource Advisory Committee, 23675 2016-09363 Fishlake Resource Advisory Committee, 2016-09353 23674-23675 2016-09362 General Services General Services Administration NOTICES Federal Travel Regulations: Relocation Allowances; Relocation Income Tax Allowance Tables, 23702 2016-09423 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Centers for Medicare & Medicaid Services

See

Children and Families Administration

See

Food and Drug Administration

See

National Institutes of Health

NOTICES Requests for Nominations: Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2030; Correction, 23734 2016-09132
Homeland Homeland Security Department See

Coast Guard

See

U.S. Customs and Border Protection

Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 23740-23744 2016-09050 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Approval of Amendment to Tribal-State Class III Gaming Compact in the State of South Dakota, 23746 2016-09328 Inter-American Inter-American Foundation NOTICES Meetings; Sunshine Act, 23744-23745 2016-09493 Interior Interior Department See

Fish and Wildlife Service

See

Indian Affairs Bureau

See

Land Management Bureau

See

Ocean Energy Management Bureau

See

Surface Mining Reclamation and Enforcement Office

International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Diamond Sawblades and Parts Thereof from the People's Republic of China, 23676-23677 2016-09417 Steel Concrete Reinforcing Bar from the Republic of Turkey, 23675-23676 2016-09416 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: 1,1,1,2-Tetrafluoroethane (R-134a) from China, 23750-23751 2016-09337 Certain Three-Dimensional Cinema Systems and Components Thereof, 23749-23750 2016-09339 Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam, 23749 2016-09338 Labor Department Labor Department See

Employment and Training Administration

See

Labor Statistics Bureau

Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23753-23754 2016-09380 Land Land Management Bureau PROPOSED RULES Resource Management Planning, 23666-23667 2016-09439 NOTICES Temporary Road Closures: Public Lands in Owyhee County, ID, 23746-23747 2016-09441 Management Management and Budget Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23754-23755 2016-09413 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation Supplements: Clarification of Award Fee Evaluations and Payments, 23667-23669 2016-09356 National Council National Council on Disability NOTICES Meetings; Sunshine Act, 23755-23756 2016-09592 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reverse Mortgage Products: Guidance for Managing Compliance and Reputation Risks, 23756 2016-09379 Meetings; Sunshine Act, 23757 2016-09505 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: Arts Advisory Panel, 23757 2016-09354 National Foundation National Foundation on the Arts and the Humanities See

National Endowment for the Arts

National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Framingham Heart Study, 23735-23737 2016-09313 The Agricultural Health Study - A Prospective Cohort Study of Cancer and Other Diseases among Men and Women in Agriculture, 23737-23739 2016-09296 Meetings: National Cancer Institute, 23739 2016-09315 National Center for Advancing Translational Sciences, 23734-23735 2016-09314 National Institute of General Medical Sciences, 23735 2016-09316 Proposed Exclusive Licenses: Development of Anti-CD70 Chimeric Antigen Receptors for the Treatment of Chronic Myelogenous Leukemia, 23737 2016-09324 National Intelligence National Intelligence, Office of the National Director RULES Mandatory Declassification Review Program, 23604 2016-09253 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska: Fixed-Gear Commercial Halibut and Sablefish Fisheries; Bering Sea and Aleutian Islands Crab Rationalization Program; Cost Recovery Authorized Payment Methods, 23645-23649 2016-09308 PROPOSED RULES International Fisheries: Tuna and Tuna-like Species in the Eastern Pacific Ocean; Fishing Restrictions Regarding Mobulid Rays, 23669-23673 2016-09309 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2016-09343 23678-23679 2016-09344 Meetings: North Pacific Fishery Management Council, 23679-23680 2016-09364 Pacific Fishery Management Council, 23680 2016-09427 South Atlantic Fishery Management Council and Mid-Atlantic Fishery Management Council; Correction, 23678 2016-09426 Takes and Imports of Marine Mammals: Taking Marine Mammals Incidental to Fisheries Research, 23677-23678 2016-09352 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Computer and Information Science and Engineering, 23758 2016-09365 Proposal Review Panel for Materials Research, 2016-09406 2016-09407 23757-23758 2016-09410 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Guidance for Industry: Closure of Activities Related to Recommendation 2.1, Flooding Hazard Reevaluation, 23758-23760 2016-09421 License Amendment Applications: Tennessee Valley Authority; Watts Bar Nuclear Plant, Unit 1 Application and Amendment to Facility Operating License; Correction, 23761 2016-09424 Licenses to Export Radioactive Waste, 23761-23762 2016-09418 Licenses to Import Radioactive Waste, 23762 2016-09419 Steam Generator Materials and Design, 23762-23764 2016-09422 Ocean Energy Management Ocean Energy Management Bureau NOTICES Oil and Gas Lease Sales: Outer Continental Shelf, Gulf of Mexico, Oil and Gas Lease Sales for 2017-2022, 23747-23748 2016-09420 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 2016-09305 23764-23765 2016-09306 Postal Service Postal Service RULES International Product Changes, 23634-23638 2016-09213 Securities Securities and Exchange Commission PROPOSED RULES Business and Financial Disclosure Required by Regulation S-K, 23916-24008 2016-09056 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2016-09358 23767-23768, 23779-23780, 23792-23793 2016-09359 2016-09360 2016-09361 Self-Regulatory Organizations; Proposed Rule Changes: Bats BYX Exchange, Inc., 23771-23773 2016-09319 Bats BZX Exchange, Inc., 23768-23770 2016-09320 Bats EDGA Exchange, Inc., 23765-23767 2016-09318 Bats EDGX Exchange, Inc., 23793-23796 2016-09317 New York Stock Exchange, LLC, 23786-23792 2016-09323 NYSE Arca, Inc., 23773-23779 2016-09322 NYSE MKT, LLC, 23780-23786 2016-09321 Small Business Small Business Administration RULES Surety Bond Guarantee Program; Miscellaneous Amendments, 23563-23566 2016-09302 NOTICES Conflict of Interest Exemptions: Aldine Capital Fund II, L.P., 23796 2016-09312 Disaster Declarations: Illinois, 23797-23798 2016-09389 Mississippi; Amendment 3, 23797 2016-09391 Mississippi; Amendment 4, 23797 2016-09390 Oklahoma, 23796-23797 2016-09392 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Karel Appel--A Gesture of Color--Paintings and Sculptures, 1947-2004, 23798 2016-09403 Medieval Permanent Collection Galleries, 23798 2016-09402 Moholy-Nagy -- Future Present, 23798-23799 2016-09401 The Brothers Le Nain--Painters of Seventeenth-Century France, 23799 2016-09404 Service Contract Inventory, 23798 2016-09400 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23748 2016-09393 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

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81 78 Friday, April 22, 2016 Rules and Regulations SMALL BUSINESS ADMINISTRATION 13 CFR Part 115 RIN 3245-AG70 Surety Bond Guarantee Program; Miscellaneous Amendments AGENCY:

U.S. Small Business Administration.

ACTION:

Final rule.

SUMMARY:

The Small Business Administration (SBA) is issuing this final rule to change the regulations for SBA's Surety Bond Guarantee Program in four areas. First, as a condition for participating in the Prior Approval and Preferred Surety Bond Programs, this rule clarifies that a Surety must directly employ underwriting and claims staffs sufficient to perform and manage these functions, and that final settlement authority for claims and recovery is vested only in salaried employees of the Surety. Second, this rule provides that all costs incurred by the Surety's salaried claims staff are ineligible for reimbursement by SBA, except the amounts actually paid for reasonable and necessary travel expenses. In addition, the Surety may seek reimbursement for amounts paid for specialized services that are provided by outside consultants in connection with the processing of a claim. Third, the rule modifies the criteria for determining when a Principal that caused a Loss to SBA is ineligible for a bond guaranteed by SBA. Fourth, the rule modifies the criteria for admitting Sureties to the Preferred Surety Bond Program by increasing the Surety's underwriting limitation, as certified by the U.S. Treasury Department on its list of acceptable sureties, from at least $2 million to at least $6.5 million.

DATES:

This rule is effective May 23, 2016.

FOR FURTHER INFORMATION CONTACT:

Barbara J. Brannan, Office of Surety Guarantees, (202) 205-6545 or email: [email protected]

SUPPLEMENTARY INFORMATION:

I. Background Information

The U.S. Small Business Administration (SBA) guarantees bid, payment and performance bonds for small and emerging contractors who cannot obtain surety bonds through regular commercial channels. SBA's guarantee gives Sureties an incentive to provide bonding for small businesses and, thereby, assists small businesses in obtaining greater access to contracting opportunities. SBA's guarantee is an agreement between a Surety and SBA that SBA will assume a certain percentage of the Surety's loss should a contractor default on the underlying contract.

On April 14, 2015, SBA published a notice of proposed rulemaking with a request for comments in the Federal Register (80 FR 19886). The rule proposed to change the regulations governing SBA's Surety Bond Guarantee Program (SBG Program) in the following four areas that had prompted questions from participating Sureties:

(1) The rule proposed to clarify that to participate in the Prior Approval and Preferred Surety Bond (PSB) Programs, a Surety must directly employ underwriting and claims staffs sufficient to perform and manage these functions, and that final settlement authority for claims and recoveries must be vested only in the Surety's salaried claims staff.

(2) The rule proposed to specify that the costs that the Surety incurs for its salaried claims staff are ineligible for reimbursement by SBA and that the Surety may seek reimbursement for amounts actually paid by the Surety for specialized services that are provided by an outside consultant, which is not an Affiliate of the Surety, in connection with the processing of a claim, provided that such services are beyond the capability of the Surety's salaried claims staff.

(3) The rule proposed to modify the conditions under which a Principal, and its Affiliates, would be deemed ineligible for a bond guaranteed by SBA in the circumstance where the Principal has previously defaulted on an SBA guaranteed surety bond. The rule provided that a Principal, or any of its Affiliates, would lose eligibility for further SBA bond guarantees if the Principal, or any of its Affiliates, had defaulted on an SBA guaranteed bond resulting in a Loss (as defined in 13 CFR 115.16) that had not been fully reimbursed to SBA, or if SBA had not been fully reimbursed for any Imminent Breach payments. It also provided that the Principal, or any of its Affiliates, may be reinstated only if SBA had been fully repaid for the Loss or for the Imminent Breach payment, unless SBA's Office of Surety Guarantees (OSG) found good cause for reinstating the Principal. In addition, the discharge of the indebtedness in bankruptcy would no longer be specifically included as a condition for reinstatement, but the circumstances of such discharge could be considered as part of OSG's good cause analysis for reinstatement. The Proposed Rule also clarified that the same standards regarding the loss of eligibility and the conditions for reinstatement would apply to both the Prior Approval Program and the PSB Program.

(4) The rule proposed to modify the criteria for admitting a Surety to participate in the PSB Program by increasing the Surety's underwriting limitation, as certified by the U.S. Treasury Department on its list of acceptable sureties on Federal bonds, from at least $2 million to at least $6.5 million.

The comment period was open until June 15, 2015, and SBA received comments from one trade association and one surety company. One other comment was received from an individual, but this comment did not relate to the Proposed Rule or the SBG Program.

One of the commenters indicated its support for the proposed changes that modify the conditions under which a Principal, and its Affiliates, would be deemed ineligible for a bond guaranteed by SBA and that modify the requirements for reinstatement. The commenter also expressed support for SBA's effort to address the failure of some participating Sureties to maintain adequate in-house claims personnel, and to ensure that participating Sureties handle their SBA-guaranteed bond claims in the same manner as their other bond claims.

However, both commenters expressed concern that the proposed changes to 13 CFR 115.11 and 115.16(e)(1) would not create clear standards with respect to when SBA would reimburse Sureties for the costs of using outside consultants in connection with bond claims. Under the proposed 13 CFR 115.16(e)(1), a Surety may seek reimbursement for “[a]mounts actually paid by the Surety for specialized services that are provided under contract by an outside consultant, which is not an Affiliate of the Surety, in connection with the processing of a claim, provided that such services are beyond the capability of the Surety's salaried claims staff.” The commenters were concerned that this standard is too limiting, and instead suggested that SBA amend 13 CFR 115.16(e)(2) to allow Sureties to seek reimbursement for the “reasonable” costs of any outside consultants. The commenters indicated that this standard would cover a broader range of consultants, such as construction, accounting or other professionals, that assist Sureties in investigating and settling claims. They argued that the services of these outside consultants may become necessary to avoid delay and to mitigate expenses and that these expenses would be recoverable from the Principal under the General Indemnity Agreement obtained under 13 CFR 115.17(a).

SBA has considered the suggestion but has concluded that the reasonable cost standard proposed by the commenters does not adequately reflect the requirement that Sureties employ sufficient in-house staff to handle all customary claims and recovery functions. SBA expects participating Sureties to employ adequate in-house staff to perform these functions and to bear the full cost of performing such functions. The Proposed Rule does recognize that there may be circumstances where an outside consultant with a particular expertise beyond the capabilities of the Surety's salaried claims staff is needed in connection with a claim, and would allow Sureties to seek reimbursement for the costs of such expertise. As described in the preamble to the Proposed Rule, an example of such “specialized services . . . beyond the capability of the Surety's salaried claims staff” would be the services of a structural engineer that are needed to evaluate the Principal's compliance with engineering specifications, and a commenter agreed with this example. SBA believes that its proposed language is sufficiently broad to cover the various situations that may arise.

In addition, a commenter suggested that the proposed requirement in 13 CFR 115.11 that the Surety must have a salaried staff “to perform all claims and recovery functions” be revised by removing the term “all” to account for those instances where outside consultants are retained to assist in claim and recovery functions. Instead of removing the term “all”, SBA is revising this section to recognize that the Surety may seek reimbursement for specialized services provided by outside consultants under 13 CFR 115.16(e)(1). Again, SBA expects that these consultants will be needed to provide a specialized service that is beyond the expertise of the Surety's salaried claims staff.

Finally, both commenters stated that travel by in-house claims staff is often necessary and expressed concern that the proposed language in 13 CFR 115.16(f)(1) excludes travel costs as a reimburseable expense. SBA agrees that Sureties may seek reimbursement for reasonable and necessary travel expenses by their in-house claims staff, and has amended the language in 13 CFR 115.16(e)(1) and 115.16(f)(1) accordingly.

II. Section-by-Section Analysis

Section 115.11. As proposed, this provision required that an applicant have a salaried staff that is employed directly (not an agent or other individual or entity under contract with the applicant) to oversee its underwriting functions and to perform all claims and recovery functions. For clarity, SBA is revising this section to recognize that, with respect to claims functions, a Surety may contract with an outside consultant for a specialized service the costs of which may be reimbursable under 13 CFR 115.16(e)(1). SBA expects Sureties to employ salaried claims staff capable of handling the routine processing and administration of claims and recovery, and to not seek reimbursement for the costs of these functions under 115.16(e)(1), except, as revised by this final rule, Sureties may seek reimbursement for the reasonable and necessary travel expenses of its salaried claims staff. This section also provides that final settlement authority for claims and recovery actions must be vested only in the applicant's “claims staff” and, for clarity and consistency, SBA is revising this phrase to read “salaried claims staff”. There are no other changes to this section as proposed.

Section 115.13(a). As proposed, this provision added a new paragraph (7) to provide that, to be eligible for an SBA guaranteed bond, neither the Principal nor any of its Affiliates may be ineligible for an SBA guaranteed bond under the grounds set forth in 13 CFR 115.14. There are no changes to this provision as proposed.

Section 115.14. SBA is modifying the criteria regarding the loss of the Principal's eligibility for future assistance and the conditions for reinstatement by providing that a Principal loses eligibility for further SBA bond guarantees if the Principal, or any of its Affiliates, has defaulted on an SBA guaranteed bond that resulted in a Loss (as defined in 13 CFR 115.16) that has not been fully reimbursed to SBA, or if SBA has not been fully reimbursed for any Imminent Breach payments. OSG will have the authority to waive this requirement for good cause.

In addition, as proposed, the same criteria on ineligibility and conditions for reinstatement would apply to both the Prior Approval Program and the PSB Program. As the same conditions for reinstatement will apply to both the Prior Approval Program and the PSB Program, the conditions for reinstatement set forth in 13 CFR 115.36(b) and (c) will be moved in their entirety to 13 CFR 115.14(b) and (c), and the heading of this section will be changed to “Loss of Principal's eligibility for future assistance and reinstatement of Principal.”

There are no changes to this provision as proposed.

Section 115.16(e)(1). As proposed, this provision provided that SBA would reimburse amounts actually paid by a Surety for specialized services provided under contract by outside consultants in connection with the processing of a claim, provided that such services are beyond the capability of the Surety's salaried claims staff. Based on comments, SBA is revising this provision to allow the Surety to seek reimbursement for travel expenses incurred by the Surety's claims staff, and to provide that the cost of the consultant's services and the travel expenses of the Surety's claims staff must be reasonable and necessary, and must specifically concern the investigation, adjustment, negotiation, compromise, settlement of, or resistance to a claim for Loss resulting from the breach of the terms of the bonded Contract. These changes, coupled with the changes made to 115.11, clarify that a Surety cannot outsource routine claims functions and responsibilities or include such costs in its reimbursement requests submitted to SBA under the bond guarantee agreement. With the exception of specialized work that falls outside the scope of the routine processing and administration of claims, the Surety will perform the claims function at no cost to the Agency (other than the reasonable and necessary travel costs of claims staff).

Section 115.16(f)(1). As proposed, this provision clarified that all costs incurred by the Surety's salaried claims staff, whether or not specifically allocable to an SBA guaranteed bond, are excluded from the definition of Loss. Costs incurred by the Surety's salaried claims staff, like all other overhead of the Surety, are the responsibility of the Surety. Based on the comments, and for consistency with section 115.16(e)(1), an exception for the reasonable and necessary travel expenses of the Surety's salaried claims staff is being added to this provision.

Section 115.18(a)(2). As proposed, SBA is revising this paragraph to provide that the Surety's failure to continue to comply with the requirements set forth in section 13 CFR 115.11 are sufficient grounds for refusal to issue further guarantees, or in the case of a PSB Surety, termination of preferred status. There are no changes to this provision as proposed.

Section 115.36. By including the conditions for reinstatement and the standard for underwriting after reinstatement in 13 CFR 115.14(b) and (c), the rule, as proposed, renamed the heading of this section to “§ 115.36 Indemnity settlements”, deleted the paragraph heading “(a) Indemnity settlements.”, removed paragraphs (b) and (c), and renumbered paragraphs “(1)”, “(2)”, and “(3)”, as “(a)”, “(b)”, and “(c)”, respectively. There are no changes to this provision as proposed.

Section 115.60(a)(1). As proposed, SBA conformed this provision to the statutory increase in the maximum contract amount for which a bond may be guaranteed by removing “$2,000,000” and inserting “$6,500,000” in its place. There are no changes to this provision as proposed.

Section 115.60(a)(5). By including in 13 CFR 115.11 the requirement that all Sureties vest final settlement authority for claims and recovery only in their salaried claims staff, this rule removes 13 CFR 115.60(a)(5) and renumbers the existing paragraph 13 CFR 115.60(a)(6) accordingly. There are no changes to this provision as proposed.

Compliance with Executive Orders 12866, 13563, 12988, and 13132, the Paperwork Reduction Act (44 U.S.C. Ch. 35) and the Regulatory Flexibility Act (5 U.S.C. 601-612).

Executive Order 12866

The Office of Management and Budget (OMB) has determined that this rule does not constitute a significant regulatory action under Executive Order 12866. This rule is also not a major rule under the Congressional Review Act (5 U.S.C. 800).

Executive Order 13563

In accordance with Executive Order 13563, SBA discussed with several surety companies issues regarding the SBG Program regulations. In particular, SBA discussed the underwriting and claims staffing requirements that Sureties must meet in order to participate in SBA's SBG Program. SBA also discussed with these companies the conditions for reimbursement of the costs incurred by their claims staffs. Generally, the Sureties responded favorably to SBA's position that changes were necessary to clarify or amend the regulations on these issues.

Executive Order 12988

This action meets applicable standards set forth in Sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. The action does not have retroactive or preemptive effect.

Executive Order 13132

SBA has determined that this rule will not have substantial, direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, for purposes of Executive Order 13132, SBA has determined that this rule has no federalism implications warranting preparation of a federalism assessment.

Paperwork Reduction Act, 44 U.S.C. Ch. 35

For the purpose of the Paperwork Reduction Act, 44 U.S.C., Chapter 35, SBA has determined that this rule will not impose any new reporting or recordkeeping requirements.

Final Regulatory Flexibility Analysis

The Regulatory Flexibility Act (RFA) 5 U.S.C. 601, requires administrative agencies to consider the effect of their actions on small entities, small non-profit enterprises, and small local governments. Pursuant to the RFA, when an agency issues a rulemaking, the agency must prepare a regulatory flexibility analysis which describes the impact of the rule on small entities. However, section 605 of the RFA allows an agency to certify a rule, in lieu of preparing an analysis, if the rulemaking is not expected to have a significant economic impact on a substantial number of small entities. There are 23 Sureties that participate in the SBA program, and no part of this rule would impose any significant additional cost or burden on them. Consequently, this rule does not meet the significant economic impact on a substantial number of small businesses criterion anticipated by the Regulatory Flexibility Act.

List of Subjects in 13 CFR Part 115

Claims, Reporting and recordkeeping requirements, Small businesses, Surety bonds.

For the reasons stated in the preamble, SBA amends 13 CFR part 115 as follows:

PART 115—SURETY BOND GUARANTEE 1. The authority citation for part 115 continues to read as follows: Authority:

5 U.S.C. app 3; 15 U.S.C. 687b, 687c, 694a, 694b note; and Pub. L. 110-246, Sec. 12079, 122 Stat. 1651.

2. Amend § 115.11 by adding three sentences at the end to read as follows:
§ 115.11 Applying to participate in the Surety Bond Guarantee Program.

* * * At a minimum, each applicant must have salaried staff that is employed directly (not an agent or other individual or entity under contract with the applicant) to oversee its underwriting function and perform all claims and recovery functions other than specialized services the costs of which may be reimbursable under 13 CFR 115.16(e)(1). Final settlement authority for claims and recovery must be vested only in the applicant's salaried claims staff. The applicant must continue to comply with SBA's standards and procedures for underwriting, administration, claims, recovery, and staffing requirements while participating in SBA's Surety Bond Guarantee Programs.

3. Amend § 115.13 by adding paragraph (a)(7) to read as follows:
§ 115.13 Eligibility of Principal.

(a) * * *

(7) No loss of eligibility. Neither the Principal nor any of its Affiliates is ineligible for an SBA-guaranteed bond under § 115.14.

4. Amend § 115.14 as follows: a. Revise the section heading, and paragraphs (a)(4) and (b); b. Add paragraph (c).
§ 115.14 Loss of Principal's eligibility for future assistance and reinstatement of Principal.

(a) * * *

(4) The Principal, or any of its Affiliates, has defaulted on an SBA-guaranteed bond resulting in a Loss that has not been fully reimbursed to SBA, or SBA has not been fully reimbursed for any Imminent Breach payments.

(b) Reinstatement of Principal's eligibility. At any time after a Principal becomes ineligible for further bond guarantees under paragraph (a) of this section:

(1) A Prior Approval Surety may recommend that such Principal's eligibility be reinstated, and OSG may agree to reinstate the Principal if:

(i) The Surety has settled its claim with the Principal, or any of its Affiliates, for an amount that results in no Loss to SBA or in no amount owed for Imminent Breach payments, or OSG finds good cause for reinstating the Principal notwithstanding the Loss to SBA or amount owed for Imminent Breach payments; or

(ii) OSG and the Surety determine that further bond guarantees are appropriate after the Principal was deemed ineligible for further SBA bond guarantees under paragraph (a)(1), (2), (3), (5) or (6) of this section.

(2) A PSB Surety may:

(i) Recommend that such Principal's eligibility be reinstated, and OSG may agree to reinstate the Principal, if the Surety has settled its claim with the Principal, or any of its Affiliates, for an amount that results in no Loss to SBA or in no amount owed for Imminent Breach payments, or OSG finds good cause for reinstating the Principal notwithstanding the Loss to SBA or amount owed for Imminent Breach payments; or

(ii) Reinstate a Principal's eligibility upon the Surety's determination that further bond guarantees are appropriate after the Principal was deemed ineligible for further SBA bond guarantees under paragraph (a)(1), (2), (3), (5) or (6) of this section.

(c) Underwriting after reinstatement. A guarantee application submitted after reinstatement of the Principal's eligibility is subject to a very stringent underwriting review.

5. Amend § 115.16 by revising paragraphs (e)(1) and (f)(1) to read as follows:
§ 115.16 Determination of Surety's Loss.

(e) * * *

(1) Amounts actually paid by the Surety for specialized services that are provided under contract by an outside consultant, which is not an Affiliate of the Surety, provided that such services are beyond the capability of the Surety's salaried claims staff, and amounts actually paid by the Surety for travel expenses of the Surety's claims staff. The cost of the consultant's services and the travel expenses of the Surety's claims staff must be reasonable and necessary and must specifically concern the investigation, adjustment, negotiation, compromise, settlement of, or resistance to a claim for Loss resulting from the breach of the terms of the bonded Contract. The cost allocation method must be reasonable and must comply with generally accepted accounting principles; and

(f) * * *

(1) Any unallocated expenses, all direct and indirect costs incurred by the Surety's salaried claims staff (except for reasonable and necessary travel expenses of such staff), or any clear mark-up on expenses or any overhead of the Surety, its attorney, or any other consultant hired by the Surety or the attorney;

6. Amend § 115.18 by revising paragraph (a)(2) to read as follows:
§ 115.18 Refusal to issue further guarantees; suspension and termination of PSB status.

(a) * * *

(2) Regulatory violations, fraud. Acts of wrongdoing such as fraud, material misrepresentation, breach of the Prior Approval or PSB Agreement, the Surety's failure to continue to comply with the requirements set forth in § 115.11, or regulatory violations (as defined in § 115.19(d) and (h)) also constitute sufficient grounds for refusal to issue further guarantees, or in the case of a PSB Surety, termination of preferred status.

7. Amend § 115.36 as follows: a. Revise the section heading; b. Remove the paragraph designation and heading “(a) Indemnity settlements.”; c. Remove paragraphs (b) and (c); and d. Redesignate paragraphs (1), (2), and (3), as (a), (b), and (c).
§ 115.36 Indemnity settlements.
§ 115.60 [Amended]
8. Amend § 115.60 as follows: a. Amend paragraph (a)(1) by removing “$2,000,000” and adding “$6,500,000” in its place; and b. Remove paragraph (a)(5) and redesignate paragraph (a)(6) as new paragraph (a)(5). Maria Contreras-Sweet, Administrator.
[FR Doc. 2016-09302 Filed 4-21-16; 8:45 am] BILLING CODE 8025-01-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2014-1078; Special Conditions No. 25-616-SC] Special Conditions: Dassault Aviation Model Falcon 5X Airplane; Use of Automatic Power Reserve (APR), an Automatic Takeoff Thrust Control System (ATTCS) for Go-Around Performance Credit AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final special conditions; request for comments.

SUMMARY:

These special conditions are issued for the Dassault Aviation (Dassault) Model Falcon 5X airplane. This airplane will have a novel or unusual design feature associated with go-around performance credit when using an automatic takeoff thrust-control system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

DATES:

This action is effective on Dassault Aviation on April 22, 2016. We must receive your comments by June 6, 2016.

ADDRESSES:

Send comments identified by docket number FAA-2014-1078 using any of the following methods:

Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending your comments electronically.

Mail: Send comments to Docket Operations, M-30, U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.

Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Fax: Fax comments to Docket Operations at 202-493-2251.

Privacy: The FAA will post all comments it receives, without change, to http://www.regulations.gov/, including any personal information the commenter provides. Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT's complete Privacy Act Statement can be found in the Federal Register published on April 11, 2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.

Docket: Background documents or comments received may be read at http://www.regulations.gov/ at any time. Follow the online instructions for accessing the docket or go to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Chris Parker, FAA, Propulsion and Mechanical Systems Branch, ANM-112, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-1509; facsimile 425-227-1320.

SUPPLEMENTARY INFORMATION:

The substance of these special conditions has been subject to the public comment process in several prior instances with no substantive comments received. The FAA therefore finds that good cause exists for making these special conditions effective upon publication in the Federal Register.

Comments Invited

We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data.

We will consider all comments we receive by the closing date for comments. We may change these special conditions based on the comments we receive.

Background

On July 1, 2012, Dassault Aviation applied for a type certificate for their new Model Falcon 5X airplane. This airplane is a transport-category airplane to be operated in private/corporate transportation with a maximum of 19 passengers. The Model Falcon 5X airplane incorporates a low, swept wing and twin rear-fuselage-mounted Snecma Silvercrest turbofan engines. The fuselage is about 23 m long with a 26 m wingspan.

The current requirements of Title 14, Code of Federal Regulations (14 CFR) part 25 are inadequate for addressing approach climb using ATTCS. Part 25 appendix I limits the application of performance credit for ATTCS to takeoff only.

Type Certification Basis

Under the provisions of 14 CFR 21.17, Dassault Aviation must show that the Model Falcon 5X airplane meets the applicable provisions of part 25, as amended by Amendments 25-1 through 25-136.

If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Model Falcon 5X airplane because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16.

Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, these special conditions would also apply to the other model under § 21.101.

In addition to the applicable airworthiness regulations and special conditions, the Model Falcon 5X airplane must comply with the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the noise-certification requirements of 14 CFR part 36.

The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of the type certification basis under § 21.17(a)(2).

Novel or Unusual Design Features

The Dassault Aviation Model Falcon 5X airplane will incorporate the following novel or unusual design feature.

An automatic takeoff thrust-control system (ATTCS), described as an automatic power reserve (APR) system, which is available at all times without any additional action or input from the pilot; and which the applicant proposes would not only function during the go-around, in addition to the takeoff phase of flight, but also allow the applicant to take performance credit for the system's function during that phase.

Discussion

Dassault Aviation proposes to include an APR system (a part 23 term; the part 25 term is ATTCS) in the Model Falcon 5X airplane. Dassault proposes to use the APR system during go-around, and is requesting approach climb performance credit for the use of the additional power APR up-trim provides.

The Model Falcon 5X powerplant control system comprises a full-authority digital electronic control (FADEC) for the Snemca Silvercrest engine. The engine FADEC system includes APR system functions. The proposed configuration, which is novel or unusual, provides for APR activation during takeoff and go-around flight operations, requiring no additional action from the pilot. The airplane performance data will be based on the availability of the up-trim power during takeoff and approach climb.

The part 25 standards applicable to the automatic advancement of reserve power, known as ATTCS and contained in § 25.904 and appendix I, specifically restrict performance credit for ATTCS to the takeoff phase of flight. At the time these standards were issued, the FAA considered including other phases of flight, including go-around. Concerns about flightcrew workload precluded including those additional phases of flight. As the preamble of Amendment 25-62 to part 25 states:

In regard to ATTCS credit for approach climb and go-around maneuvers, current regulations preclude a higher power for the approach climb (Section 25.121(d)) than for the landing climb (Section 25.119). The workload required for the flightcrew to monitor and select from multiple in-flight power settings in the event of an engine failure during a critical point in the approach, landing, or go-around operations is excessive. Therefore, the FAA does not agree that the scope of the amendment should be changed to include the use of ATTCS for anything except the takeoff phase.

The ATTCS incorporated on the Model Falcon 5X airplane allows the pilot to use the same power-setting procedure during a go-around regardless of whether or not an engine fails. Because the ATTCS is always active, it will function automatically following an engine failure, and will advance the remaining engine to the APR power level.

These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Applicability

As discussed above, these special conditions are applicable to the Model Falcon 5X airplane. Should Dassault Aviation apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, these special conditions would apply to that model as well.

Conclusion

This action affects only a certain novel or unusual design feature on one model of airplane. It is not a rule of general applicability.

The substance of these special conditions has been subjected to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon publication in the Federal Register. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above.

List of Subjects in 14 CFR Part 25

Aircraft, Aviation safety, Reporting and recordkeeping requirements.

The authority citation for these special conditions is as follows:

Authority:

49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Dassault Aviation Model Falcon 5X airplanes.

1. The Model Falcon 5X airplane must comply with the requirements of 14 CFR 25.904 and appendix I to 14 CFR part 25 and the following requirements pertaining to the go-around phase of flight:

2. Definitions

a. Takeoff/go-around (TOGA): Throttle lever in takeoff or go-around position.

b. Automatic takeoff thrust control system (ATTCS): The ATTCS in Model Falcon 5X airplanes is defined as the entire automatic system available during takeoff and in go-around mode, including all devices, both mechanical and electrical, that sense engine failure, transmit signals, actuate fuel controls or power levers (or increase engine power by other means on operating engines to achieve scheduled thrust or power increase), and furnish cockpit information on system operation.

c. Critical time interval: The definition of the critical time interval in 14 CFR appendix I 25.2(b) must be expanded to include the following:

i. When conducting an approach for landing using ATTCS, the critical time interval is defined as follows:

1. The critical time interval begins at a point on a 2.5 degree approach glide path from which, assuming a simultaneous engine and ATTCS failure, the resulting approach climb flight path intersects a flight path originating at a later point on the same approach path corresponding that corresponds to the 14 CFR part 25 one-engine-inoperative approach climb gradient. The period of time from the point of simultaneous engine and ATTCS failure to the intersection of these flight paths must be no shorter than the time interval used in evaluating the critical time interval for takeoff beginning from the point of simultaneous engine and ATTCS failure and ending upon reaching a height of 400 feet.

2. The critical time interval ends at the point on a minimum performance, all-engines-operating go-around flight path from which, assuming a simultaneous engine and ATTCS failure, the resulting minimum approach climb flight path intersects a flight path corresponding to the 14 CFR part 25 minimum one-engine-inoperative approach climb gradient. The all-engines-operating go-around flight path and the 14 CFR part 25 one-engine-inoperative approach climb gradient flight path originate from a common point on a 2.5 degree approach path. The period of time from the point of simultaneous engine and ATTCS failure to the intersection of these flight paths must be no shorter than the time interval used in evaluating the critical time interval for the takeoff beginning from the point of simultaneous engine and ATTCS failure and ending upon reaching a height of 400 feet.

ii. The critical time interval must be determined at the altitude resulting in the longest critical time interval for which one-engine-inoperative approach climb performance data are presented in the airplane flight manual (AFM).

iii. The critical time interval is illustrated in the following figure:

ER22AP16.057

The all-engines-operating go-around flight path, and the 14 CFR part 25 one-engine-inoperative approach climb gradient flight path (engine failed, ATTCS operating path in Figure 1), originate from a common point, point C, on a 2.5-degree approach path. The period of time, “time interval DE,” from the point of simultaneous engine and ATTCS failure, point D, to the intersection of these flight paths, point E, must be no shorter than the corresponding time in Figure 2, “I25.2(b) time interval FG.”

d. The critical time interval must be determined at the altitude resulting in the longest critical time interval for which one-engine-inoperative approach climb performance data are presented in the AFM.

e. The “critical time interval AD” is illustrated in Figure 1.

ER22AP16.058

3. Performance and system reliability requirements: The applicant must comply with the performance and ATTCS reliability requirements as follows:

a. An ATTCS failure or a combination of failures in the ATTCS during the critical time interval (Figure 2):

i. Must not prevent the insertion of the maximum approved go-around thrust or power, or must be shown to be a remote event.

ii. Must not result in a significant loss or reduction in thrust or power, or must be shown to be an extremely improbable event.

b. The concurrent existence of an ATTCS failure and an engine failure during the critical time interval must be shown to be extremely improbable.

c. All applicable performance requirements of 14 CFR part 25 must be met with an engine failure occurring at the most critical point during go-around with the ATTCS functioning.

d. The probability analysis must include consideration of ATTCS failure occurring after the time at which the flightcrew last verifies that the ATTCS is in a condition to operate until the beginning of the critical time interval.

e. The propulsive thrust obtained from the operating engine after failure of the critical engine during a go-around used to show compliance with the one-engine-inoperative climb requirements of § 25.121(d) may not be greater than the lesser of:

i. The actual propulsive thrust resulting from the initial setting of power or thrust controls with the ATTCS functioning; or

ii. 111% of the propulsive thrust resulting from the initial setting of power or thrust controls with the ATTCS failing to reset thrust or power and without any action by the flightcrew to reset thrust or power.

4. Thrust setting

a. The initial go-around thrust setting on each engine at the beginning of the go-around phase may not be less than any of the following:

i. That required to permit normal operation of all safety-related systems and equipment dependent upon engine thrust or power lever position; or

ii. That shown to be free of hazardous engine response characteristics and not to result in any unsafe aircraft operating or handling characteristics when thrust or power is advanced from the initial go-around position to the maximum approved power setting.

b. For approval to use an ATTCS for go-arounds, the thrust setting procedure must be the same for go-arounds initiated with all engines operating as for go-arounds initiated with one engine inoperative.

5. Powerplant controls

a. In addition to the requirements of § 25.1141, no single failure or malfunction, or probable combination thereof, of the ATTCS, including associated systems, may cause the failure of any powerplant function necessary for safety.

b. The ATTCS must be designed to:

i. Apply thrust or power on the operating engine(s), following any one-engine failure during a go-around, to achieve the maximum approved go-around thrust without exceeding the engine operating limits;

ii. Permit manual decrease or increase in thrust or power up to the maximum go-around thrust approved for the airplane under the existing conditions through the use of the power lever. For airplanes equipped with limiters that automatically prevent the engine operating limits from being exceeded under existing ambient conditions, other means may be used to increase the thrust in the event of an ATTCS failure, provided that the means:

1. Is located on or forward of the power levers;

2. Is easily identified and operated under all operating conditions by a single action of either pilot with the hand that is normally used to actuate the power levers; and

3. Meets the requirements of § 25.777(a), (b), and (c).

iii. Provide a means to verify to the flightcrew before beginning an approach for landing that the ATTCS is in a condition to operate (unless it can be demonstrated that an ATTCS failure combined with an engine failure during an entire flight is extremely improbable); and

iv. Provide a means for the flightcrew to deactivate the automatic function. This means must be designed to prevent inadvertent deactivation.

6. Powerplant instruments: In addition to the requirements of § 25.1305:

a. A means must be provided to indicate when the ATTCS is in the armed or ready condition; and

b. If the inherent flight characteristics of the airplane do not provide adequate warning that an engine has failed, a warning system that is independent of the ATTCS must be provided to give the pilot a clear warning of any engine failure during a go-around.

Issued in Renton, Washington, on April 8, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-09333 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2015-7301; Special Conditions No. 25-614-SC] Special Conditions: Gulfstream Aerospace Corporation Model GVII-G500 Airplanes, Pilot Compartment View Requirements With an Enhanced Flight Vision System AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final special conditions; request for comments.

SUMMARY:

These special conditions are issued for the Gulfstream Aerospace Corporation (Gulfstream) Model GVII-G500 airplane. This airplane will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. This design feature is an enhanced flight vision system (EFVS) that includes a head-up display (HUD) capable of displaying forward-looking infrared (FLIR) imagery, intended to be used for instrument approaches under provisions of Title 14, Code of Federal Regulations (14 CFR) 91.175(l) and (m). The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

DATES:

This action is effective on Gulfstream Aerospace Corporation on April 22, 2016. We must receive your comments by June 6, 2016.

ADDRESSES:

Send comments identified by docket number FAA-2015-7301 using any of the following methods:

Federal eRegulations Portal: Go to http://www.regulations.gov/and follow the online instructions for sending your comments electronically.

Mail: Send comments to Docket Operations, M-30, U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.

Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Fax: Fax comments to Docket Operations at 202-493-2251.

Privacy: The FAA will post all comments it receives, without change, to http://www.regulations.gov/, including any personal information the commenter provides. Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT's complete Privacy Act Statement can be found in the Federal Register published on April 11, 2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.

Docket: Background documents or comments received may be read at http://www.regulations.gov/ at any time. Follow the online instructions for accessing the docket or go to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Dale Dunford, FAA, Airplane and Flightcrew Interface Branch, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-2239; facsimile 425-227-1320.

SUPPLEMENTARY INFORMATION:

The FAA has determined that notice of, and opportunity for prior public comment on, these special conditions is impracticable because these procedures would significantly delay issuance of the design approval and thus delivery of the affected airplane.

In addition, the substance of these special conditions has been subject to the public comment process in several prior instances with no substantive comments received. The FAA therefore finds that good cause exists for making these special conditions effective upon publication in the Federal Register.

Comments Invited

We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data.

We will consider all comments we receive by the closing date for comments. We may change these special conditions based on the comments we receive.

Background

On March 29, 2012, Gulfstream Aerospace Corporation applied for a type certificate for their new Model GVII-G500 series airplane. The Model GVII-G500 series airplane will be a business jet capable of accommodating up to 19 passengers. It will incorporate a low, swept-wing design with winglets and a T-tail. The powerplant will consist of two aft-fuselage-mounted Pratt & Whitney turbofan engines.

Type Certification Basis

Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.17, Gulfstream must show that the Model GVII-G500 series airplane meets the applicable provisions of 14 CFR part 25, as amended by Amendments 25-1 through 25-129.

If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Model GVII-G500 series airplane because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16.

Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same or similar novel or unusual design feature, the special conditions would also apply to the other model under § 21.101.

In addition to the applicable airworthiness regulations and special conditions, the Model GVII-G500 series airplane must comply with the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the noise-certification requirements of 14 CFR part 36. The FAA must issue a finding of regulatory adequacy under § 611 of Public Law 92-574, the “Noise Control Act of 1972.”

The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of the type-certification basis under § 21.17(a)(2).

Novel or Unusual Design Features

The Gulfstream Model GVII-G500 airplane will incorporate the following novel or unusual design feature:

An enhanced flight vision system (EFVS) that includes a head-up display (HUD) capable of displaying forward-looking infrared (FLIR) imagery, intended to be used for instrument approaches under provisions of § 91.175(l) and (m).

Discussion

The EFVS uses novel technology for which the FAA has no certification criteria. Furthermore, 14 CFR 25.773, which was not written in anticipation of such technology, does not permit visual distortions and reflections that could interfere with the pilot's compartment view. The video image potentially interferes with the pilot's ability to see the natural scene in the center of their forward field of view. Because § 25.773 does not provide for alternatives or considerations for such a novel system, it is necessary to establish safety requirements that assure an equivalent level of safety and effectiveness of the pilot compartment view as intended by this rule. These special conditions for the EFVS are prescribed under the provisions of § 21.16. Other applications for certification of such technology are anticipated in the near future, and magnify the need to establish FAA safety standards that can be applied consistently for all such approvals.

Unlike the pilot's natural forward vision, the EFVS image is infrared-based, monochrome, 2-dimensional (i.e., providing no depth perception), and of lower resolution. While the pilot may be readily able to see around and through small individual stroke-written symbols on the HUD, the pilot may not be able to see around or through the image that fills the display without some interference of the outside view. Nevertheless, the EFVS may be capable of meeting an equivalent level of safety when considering the combined view of the image and the outside scene, which is visible to the pilot through the image. It is essential that the pilot be able to use this combination of image and natural view of the outside scene as safely and effectively as the pilot compartment view currently allows without the EFVS image.

These special conditions provide the unique pilot-compartment view requirements for the EFVS installation.

Compliance with these special conditions is required for the EFVS to be found acceptable, for the following intended functions, in accordance with § 91.175(l) and (m):

1. Presenting an image that would aid the pilot during a straight-in instrument approach.

2. Enable the pilot to determine the “enhanced flight visibility,” as required by § 91.175(l)(2), for descent and operation below MDA/DH.

3. Enable the pilot to use the EFVS imagery to detect and identify the “visual references for the intended runway,” required by § 91.175(l)(3), to continue the approach with vertical guidance to 100 feet height above touchdown-zone elevation.

Note: The term “Enhanced Vision System,” or EVS, commonly refers to a system comprising a HUD, imaging sensor(s), and avionics interface(s) that displays the sensor imagery on the HUD and overlays it with alpha-numeric and symbolic flight information. However, the term has also been used to refer to systems that display the sensor imagery, with or without other flight information, on a head-down display. Therefore, to avoid confusion, the FAA has defined the term “Enhanced Flight Vision System” (EFVS) to refer to certain EVS that meet the requirements of § 91.175(m), in particular the requirement for a HUD and specified flight information, and the ability to determine “enhanced flight visibility.” Accordingly, an EFVS can be considered a subset of systems otherwise labeled EVS.

These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Applicability

As discussed above, these special conditions are applicable to the Gulfstream Model GVII-G500 airplane. Should Gulfstream apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, these special conditions would apply to that model as well.

Conclusion

This action affects only a certain novel or unusual design feature on one model series of airplane. It is not a rule of general applicability.

The substance of these special conditions has been subjected to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, because a delay would significantly affect the certification of the airplane, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon publication in the Federal Register.

The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above.

List of Subjects in 14 CFR Part 25

Aircraft, Aviation safety, Reporting and recordkeeping requirements.

The authority citation for these special conditions is as follows:

Authority:

49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Gulfstream Model GVII-G500 airplanes.

1. Enhanced flight vision system (EFVS) imagery on the head-up display (HUD) must not degrade the safety of flight or interfere with the effective use of outside visual references for required pilot tasks during any phase of flight in which it is to be used.

2. To avoid unacceptable interference with the safe and effective use of the pilot-compartment view, the EFVS device must meet the following requirements:

a. EFVS design must minimize unacceptable display characteristics or artifacts (e.g. noise, “burlap” overlay, running water droplets) that obscure the desired image of the scene, impair the pilot's ability to detect and identify visual references, mask flight hazards, distract the pilot, or otherwise degrade task performance or safety.

b. Control of EFVS display brightness must be sufficiently effective, in dynamically changing background (ambient) lighting conditions, to prevent full or partial blooming of the display that would distract the pilot, impair the pilot's ability to detect and identify visual references, mask flight hazards, or otherwise degrade task performance or safety. If automatic control for image brightness is not provided, it must be shown that a single manual setting is satisfactory for the range of lighting conditions encountered during a time-critical, high-workload phase of flight (e.g., low-visibility instrument approach).

c. A readily accessible control must be provided that permits the pilot to immediately deactivate and reactivate display of the EFVS image on demand, without removing the pilot's hands from the primary flight controls (yoke or equivalent) or thrust control.

d. The EFVS image on the HUD must not impair the pilot's use of guidance information, or degrade the presentation and pilot awareness of essential flight information displayed on the HUD, such as alerts, airspeed, attitude, altitude and direction, approach guidance, wind-shear guidance, traffic collision avoidance system (TCAS) resolution advisories, and unusual-attitude recovery cues.

e. The EFVS image and the HUD symbols, which are spatially referenced to the pitch scale, outside view, and image, must be scaled and aligned (i.e., conformal) to the external scene and, when considered singly or in combination, must not be misleading, cause pilot confusion, or increase workload. There may be airplane attitudes or cross-wind conditions which cause certain symbols, such as the zero-pitch line or flight-path vector, to reach field-of-view limits such that they cannot be positioned conformably with the image and external scene. In such cases, these symbols may be displayed, but with an altered appearance which makes the pilot aware that they are no longer displayed conformably (for example, “ghosting”).

f. A HUD system used to display EFVS images must, if previously certified, continue to meet all of the requirements of the original approval.

3. The safety and performance of the pilot tasks associated with the use of the pilot-compartment view must be not be degraded by the display of the EFVS image. Pilot tasks which must not be degraded by the EFVS image include:

a. Detection, accurate identification, and maneuvering, as necessary, to avoid traffic, terrain, obstacles, and other hazards of flight.

b. Accurate identification and utilization of visual references required for every task relevant to the phase of flight.

4. Appropriate limitations must be stated in the Operating Limitations section of the Airplane Flight Manual to prohibit the use of the EFVS for functions that have not been found to be acceptable.

Issued in Renton, Washington, on April 5, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-09334 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2015-4279; Special Conditions No. 25-612-SC] Special Conditions: Gulfstream Aerospace Corporation, Gulfstream GVI Airplane; Non-Rechargeable Lithium Battery Installations AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final special conditions.

SUMMARY:

These special conditions are issued for the Gulfstream Aerospace Corporation (Gulfstream) GVI airplane. This airplane will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. This design feature is non-rechargeable lithium batteries. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

DATES:

Effective April 22, 2017.

FOR FURTHER INFORMATION CONTACT:

Nazih Khaouly, Airplane and Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98057-3356; telephone 425-227-2432; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION Future Requests for Installation of Non-Rechargeable Lithium Batteries

The FAA anticipates that non-rechargeable lithium batteries will be installed in other makes and models of airplanes. We have determined to require special conditions for all applications requesting non-rechargeable lithium battery installations, except the installations excluded in the Applicability section, until the airworthiness requirements can be revised to address this issue. Applying special conditions to these installations across the range of all transport-airplane makes and models will ensure regulatory consistency among applicants.

These are the first special conditions the FAA has issued for non-rechargeable lithium battery installations on any airplane. The FAA has determined that these special conditions become effective 1 year after their publication in the Federal Register for reasons explained below in response to a public comment. The FAA intends for future special conditions for other makes and models to be effective on this same date or 30 days after their publication, whichever is later.

Background

Gulfstream applied for several changes to type certificate no. T00015AT to install non-rechargeable lithium batteries in the Model GVI airplane. The Gulfstream Model GVI airplane is a twin-engine, transport-category airplane with a maximum passenger capacity of 19 and maximum takeoff weight of 99,600 pounds.

Type Certification Basis

Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.101, Gulfstream must show that the design change and areas affected by the change continue to meet the applicable provisions of the regulations listed in type certificate no. T00015AT, or the applicable regulations in effect on the date of application for the change, except for earlier amendments as agreed upon by the FAA. The regulations listed in the type certificate are commonly referred to as the “original type certification basis.” The regulations listed in type certificate no. T00015AT are 14 CFR part 25 effective February 1, 1965, including Amendments 25-1 through 25-120, 25-122, 25-124, and 25-132. The certification basis also includes certain special conditions, exemptions, and equivalent-safety findings that are not relevant to these special conditions.

In addition to the applicable airworthiness regulations and special conditions, the Gulfstream Model GVI airplane must comply with the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the noise-certification requirements of 14 CFR part 36.

If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Gulfstream Model GVI airplane because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16.

Special conditions are initially applicable to the Gulfstream Model GVI airplane model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same novel or unusual design feature, these special conditions would also apply to the other model under § 21.101.

The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of the type-certification basis under § 21.101.

Novel or Unusual Design Features

The Gulfstream Model GVI airplane will incorporate non-rechargeable lithium batteries.

A battery system consists of the battery and any protective, monitoring, and alerting circuitry or hardware inside or outside of the battery, and venting capability where necessary. For the purpose of these special conditions, we refer to a battery and battery system as a battery.

Discussion

The FAA derived the current regulations governing installation of batteries in transport-category airplanes from Civil Air Regulations (CAR) 4b.625(d) as part of the re-codification of CAR 4b that established 14 CFR part 25 in February 1965. This re-codification basically reworded the CAR 4b battery requirements, which are currently in § 25.1353(b)(1) through (b)(4). Non-rechargeable lithium batteries are novel and unusual with respect to the state of technology considered when these requirements were codified. These batteries introduce higher energy levels into airplane systems through new chemical compositions in various battery-cell sizes and construction. Interconnection of these cells in battery packs introduces failure modes that require unique design considerations, such as provisions for thermal management.

Recent events involving rechargeable and non-rechargeable lithium batteries prompted the FAA to initiate a broad evaluation of these energy-storage technologies. In January 2013, two independent events involving rechargeable lithium-ion batteries revealed unanticipated failure modes. A National Transportation Safety Board (NTSB) letter to the FAA, dated May 22, 2014, which is available at http://www.ntsb.gov, filename A-14-032-036.pdf, describes these events.

On July 12, 2013, an event involving a non-rechargeable lithium battery, in an emergency-locator-transmitter installation, demonstrated unanticipated failure modes. The United Kingdom's Air Accidents Investigation Branch Bulletin S5/2013 describes this event.

Some known uses of rechargeable and non-rechargeable lithium batteries on airplanes include:

• Flight deck and avionics systems such as displays, global-positioning systems, cockpit voice recorders, flight-data recorders, underwater locator beacons, navigation computers, integrated avionics computers, satellite network and communication systems, communication-management units, and remote-monitor electronic line-replaceable units;

• Cabin safety, entertainment, and communications equipment, including emergency-locator transmitters, life rafts, escape slides, seatbelt air bags, cabin-management systems, Ethernet switches, routers and media servers, wireless systems, internet and in-flight entertainment systems, satellite televisions, remotes, and handsets;

• Systems in cargo areas including door controls, sensors, video-surveillance equipment, and security systems.

Some known potential hazards and failure modes associated with non-rechargeable lithium batteries are:

• Internal failures: In general, these batteries are significantly more susceptible to internal failures that can result in self-sustaining increases in temperature and pressure (i.e., thermal runaway) than their nickel-cadmium or lead-acid counterparts. The metallic lithium can ignite, resulting in a self-sustaining fire or explosion.

• Fast or imbalanced discharging: Fast discharging or an imbalanced discharge of one cell of a multi-cell battery may create an overheating condition that results in an uncontrollable venting condition, which in turn leads to a thermal event or an explosion.

• Flammability: Unlike nickel-cadmium and lead-acid batteries, lithium batteries use higher energy and current in an electrochemical system that can be configured to maximize energy storage of lithium. They also use liquid electrolytes that can be extremely flammable. The electrolyte, as well as the electrodes, can serve as a source of fuel for an external fire if the battery casing is breached.

Special condition no. 1 requires that each individual cell within a non-rechargeable lithium battery be designed to maintain safe temperatures and pressures. Special condition no. 2 addresses these same issues but for the entire battery. Special condition no. 2 requires the battery be designed to prevent propagation of a thermal event, such as self-sustained, uncontrolled increases in temperature or pressure from one cell to adjacent cells.

Special condition nos. 1 and 2 are intended to ensure that the non-rechargeable lithium battery and its cells are designed to eliminate the potential for uncontrollable failures. However, a certain number of failures will occur due to various factors beyond the control of the battery designer. Therefore, other special conditions are intended to protect the airplane and its occupants if failure occurs.

Special condition nos. 3, 7, and 8 are self-explanatory; the FAA does not provide further explanation for them at this time.

The FAA requires special condition no. 4 to make it clear that the flammable-fluid fire-protection requirements of § 25.863 apply to non-rechargeable lithium battery installations. Section 25.863 is applicable to areas of the airplane that could be exposed to flammable-fluid leakage from airplane systems. Non-rechargeable lithium batteries contain an electrolyte that is a flammable fluid.

Special condition no. 5 requires each non-rechargeable lithium battery installation to not damage surrounding structure or adjacent systems, equipment, or electrical wiring from corrosive fluids or gases that may escape.

Special condition no. 5 addresses corrosive fluids and gases, whereas special condition no. 6 addresses heat. Special condition no. 6 requires each non-rechargeable lithium battery installation to have provisions to prevent any hazardous effect on airplane structure or systems caused by the maximum amount of heat the battery installation can generate due to any failure of it or its individual cells. The means of meeting these special conditions may be the same, but they are independent requirements addressing different hazards.

These special conditions apply to all non-rechargeable lithium battery installations in lieu of § 25.1353(b)(1) through (b)(4) at Amendment 25-113. Sections 25.1353(b)(1) through (b)(4) at Amendment 25-113 remain in effect for other battery installations.

These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Discussion of Comments

Notice of proposed special conditions no. 25-15-09-SC, for the Gulfstream GVI airplane, was published in the Federal Register on November 20, 2015 (80 FR 72618). Five commenters provided comments.

The Aerospace Industries Association (AIA) recommended revising proposed special condition no. 1 to read (see italics), “. . . each non-rechargeable lithium battery installation must maintain safe cell temperatures and pressure under all foreseeable operating conditions to prevent fire and explosion by validating that the performance of non-rechargeable lithium cells selected for use are acceptable with regards to the operating environment.” AIA stated that this revision helps clarify the term “foreseeable operating conditions” as “airplane operating and environmental conditions over which proper functioning of the equipment, systems, and installations is required to be considered includes the full normal operating envelope of the airplane as defined by the Airplane Flight Manual together with any modification to that envelope associated with abnormal or emergency procedures.” AIA referenced FAA Advisory Circular (AC) 25.1309-1A and AC 25-11A to support this definition. The FAA does not agree with the proposal. The FAA intends for the term “foreseeable operating conditions” in these special conditions to not only apply at the airplane level but also at the battery-cell level. Therefore, we have not incorporated this proposed revision into the special condition.

AIA recommended revising proposed special condition no. 2 to read, “. . . each non-rechargeable lithium battery installation must prevent the occurrence of self-sustaining, uncontrolled increases in temperature or pressure which would preclude continued safe flight and landing.” AIA states that this change allows the use of airplane-level mitigation or design change to appropriately address the hazard. The FAA does not agree with the proposal. The FAA has determined that these special conditions are intended to require the battery, which includes its installation provisions, to be designed to prevent uncontrollable failure, and to not rely only on mitigation of a battery failure at the airplane level. Therefore, we have not revised proposed special condition no. 2.

AIA recommended revising proposed special condition no. 3 to read, “. . . each non-rechargeable lithium battery installation must not emit explosive or toxic gases in normal operation, or as a result of any failure which is not shown to be extremely remote . . .” The FAA does not agree with the proposal to exclude extremely remote failures. To ensure that all failures that are not extremely improbable are properly anticipated and accounted for, we have not revised proposed special condition no. 3 to include the proposed words. Note that service history currently shows that battery failure is more frequent than extremely remote.

AIA recommended deleting proposed special condition no. 4. AIA stated that it does not introduce a new airworthiness requirement and that it seems more appropriate to clarify applicability of an existing airworthiness requirement via policy. The FAA does not agree with the proposal. Section 25.863 historically has been applied to flammable fluids related to propulsion and hydraulic systems. The FAA has not issued guidance material at this time that would ensure a proper understanding that this section also applies to non-rechargeable lithium battery installations, which contain flammable fluid. We have determined to not delete proposed special condition no. 4.

AIA recommended revising proposed special condition no. 5 to read, “. . . each non-rechargeable lithium battery installation must not allow escape of corrosive fluids or gases that may damage surrounding structure or any adjacent systems, equipment, or electrical wiring of the aircraft in such a way as to cause a hazardous or catastrophic failure condition.” The FAA agrees with the comment in that the special condition requires clarification. The FAA intends for special condition no. 5 to be consistent with § 25.1309. So, we added the words “. . . in such a way as to cause a major or more-severe failure condition.” The revised special condition now reads, “. . . each non-rechargeable lithium battery installation must not damage surrounding structure or adjacent systems, equipment, or electrical wiring from corrosive fluids or gases that may escape in such a way as to cause a major or more-severe failure condition.” The FAA does not concur with excluding major failure conditions, nor limiting the types of failure conditions as proposed.

AIA recommended revising proposed special condition no. 6 to read, “. . . each non-rechargeable lithium battery installation must have provisions to prevent any hazardous effect on airplane structure or systems caused by the maximum amount of heat it can generate due to any failure of a single cell within a battery pack, which precludes continued safe flight and landing.” AIA stated that they believe the intent of this special condition is to show that the battery design can tolerate a failure of a single cell. The FAA does not concur with AIA's recommendation. We intend for special condition no. 6 to require consideration of the maximum heat the battery can generate if it fails (that is, not just the heat from one cell for multi-cell batteries), including the heat generated from thermal runaway propagating from one cell to the other cells. AIA's proposed wording could be interpreted as only requiring consideration of the heat generated from a single cell. AIA also stated that design mitigation or analysis at the airplane level may be applied to show the design to be compliant. This comment addresses how to show compliance with the special condition and would not change the special condition. This comment can be addressed during the type certification projects.

AIA recommended deleting proposed special condition no. 7, which reads, “. . . each non-rechargeable lithium battery installation must be capable of automatically controlling the discharge rate of each cell to prevent cell imbalance, back-charging, overheating, and uncontrollable temperature and pressure.” AIA stated that the hazard intended to be addressed by this special condition would be prevented by meeting special condition nos. 1, 2, 4 and 5. The intent of proposed special condition no. 7 was to also address charge imbalance because an in-service event demonstrated that a charge imbalance is one of many failure modes that can lead to a thermal runaway condition. However, the FAA agrees with deleting proposed special condition no. 7 because compliance with special condition nos. 1 and 2 accomplish the safety objectives of proposed special condition no. 7.

AIA recommended deleting proposed special condition no. 8, which reads, “. . . each non-rechargeable lithium battery installation must have a means to automatically disconnect from its discharging circuit in the event of an over-temperature condition, cell failure, or battery failure.” The FAA agrees with deleting this proposed special condition because doing so does not relieve applicants from the need to comply with § 25.1309. In addition to § 25.1309, all applicable system-level requirements may require the connected system to automatically disconnect from the battery discharging circuit in the event of an over-temperature condition, cell failure, or battery failure.

AIA recommended revising proposed special condition no. 9 (which is now special condition no. 7 in these special conditions) to read, “. . . each non-rechargeable lithium battery installation must have a failure sensing and warning system to alert the flightcrew if its failure affects precludes continued safe flight and landing of the airplane.” AIA stated that this proposed special condition repeats the criteria defined in § 25.1309, and therefore is a duplication of current Federal aviation requirements. Proposed special condition no. 9 has the same purpose as that of § 25.1309(c), which is to require flightcrew alerting if failure of a battery installation, in itself or in relation to a system that performs an airplane-level function, could result in “unsafe system operating conditions” as stated in § 25.1309(c). The FAA's intent for this special condition is to emphasize this requirement specifically for non-rechargeable lithium battery installations. We do not concur with AIA's recommendation because the revised wording does not fully address the “unsafe system operating conditions” as required in § 25.1309(c).

AIA recommended revising proposed special condition no. 10 (which is now special condition no. 8 in these special conditions) to read, “. . . each non-rechargeable lithium battery installation must have a means for the flightcrew or maintenance personnel to determine the battery charge state if the battery's function is required for continued safe flight and landing of the airplane.” AIA stated that this proposed special condition repeats the criteria defined in § 25.1309, and therefore is a duplication of current Federal aviation requirements. For similar reasons given in our response to the AIA comment on proposed special condition no. 9, we do not concur with AIA's recommendation. The FAA's intent for this special condition is to emphasize this requirement specifically for non-rechargeable lithium battery installations. We do not concur with AIA's recommendation because the revised wording does not fully address the “unsafe system operating conditions” as required in § 25.1309(c).

The Boeing Company commented that they concur with AIA's comments.

The Boeing Company also requested that the FAA provide adequate time before non-rechargeable lithium battery special conditions become effective, to support validation activities by foreign civil airworthiness authorities (FCAA) and to not adversely impact future airplane deliveries by all applicants. The Boeing Company stated that they have been “informed by FCAAs that validation activities for FAA type certificate data sheet certification basis changes can take up to 12 months after receipt of application.” The FAA agrees that adequate time is necessary to allow Gulfstream, and other applicants for which similar special conditions will be issued, to coordinate with FCAAs, and to conduct other activities associated with implementing these special conditions, which have not been required for previous approvals. These are the first special conditions the FAA has issued for a non-rechargeable lithium battery installation on any airplane. Likewise, we have determined that an effective date of one year after special conditions publication is appropriate. The FAA also has been coordinating with other applicants to develop proposed special conditions for their projects involving non-rechargeable lithium batteries. The FAA intends for future special conditions, for other airplane makes and models, to be effective on this same date or 30 days after their publication, whichever is later.

The Boeing Company commented that “. . . these special conditions should clearly indicate the scope of changes for which the certification basis is deemed inadequate and requires application of the special conditions.” The Boeing Company made this comment in regards to the applicability of these special conditions to batteries that have less than 2 watt-hours of energy and meet Underwriters Laboratories (UL) 1642 or UL 2054. The FAA has determined that the use of UL 1642 and UL 2054 should be addressed as a method-of-compliance issue rather than exclusion criteria for certain battery sizes. These special conditions are to apply to all non-rechargeable lithium batteries regardless of their size. These special conditions require this where it states “. . . each non-rechargeable lithium battery installation must . . .”

Airbus commented that they assume that the FAA considers the standards in Radio Technical Commission for Aeronautics (RTCA) DO-227, Minimum Operational Performance Standard for Lithium Batteries, to be an acceptable means of compliance with the special conditions that address battery-qualification aspects. Airbus also commented that they assume that compliance with the other special conditions is demonstrated through analysis of battery integration in the airplane physical and functional environment. These comments address how to show compliance with the special conditions and would not change the special conditions. These comments can be addressed during the type certification projects.

Airbus commented that batteries that are Category I, as defined in RTCA DO-227, should be excluded from proposed special condition nos. 1 through 8 (which are special condition nos. 1 through 6 in these special conditions). RTCA DO-227 defines these batteries as “solid-cathode cells that contain less than 0.15 grams of lithium or lithium alloy, and batteries that use not more than four such cells.” The FAA does not concur. These special conditions are intended to provide an appropriate level of safety for all non-rechargeable lithium battery installations.

Bombardier provided the following comment on proposed special condition no. 3: “The quantity of [lithium battery] gas that will constitute a hazard is difficult to define and test. An outgassing limit in corresponding to cell size/number would be easier to comply with and test. This should only apply in the failure case, as in normal cell operation non-rechargeable [lithium batteries] are expected to remain sealed. We recommend wording that would instead limit cell size/number and require cell isolation to minimize hazard to airplane and occupant in case of failure and be sealed in normal operation. Exposure to occupants may be achieved by locating battery installations away from occupant areas on the airplane.” The FAA does not agree with the proposal. The FAA considers that a special condition that limits the number of cells and their size would be unnecessarily restrictive. Note that this special condition does not require applicants to determine the quantity of gas that would constitute a hazard. For example, an acceptable means of complying with this special condition is to demonstrate, through tests, that all emitted gasses are contained or vented overboard through designed ports. However, this special condition does allow explosive and toxic gases to be uncontained and not vented overboard if they do not accumulate in hazardous quantities within the airplane.

Bombardier commented that a design that prevents fluids and gases from escaping the installation should be an acceptable means of complying with proposed special condition no. 5. Bombardier recommended addressing the need for fluid containment. These comments address how to show compliance with the special conditions and would not change the special conditions. These comments can be addressed during the type certification projects.

Transport Canada recommended revising proposed special condition no. 1 to address “all hazards.” We have not revised this special condition because it is intended to address only the cell-level hazards, which are fire and explosion. All hazards are addressed through compliance with the complete set of applicable special conditions.

Transport Canada recommended adding a sentence to proposed special condition no. 2 that reads, “Batteries that are capable of venting toxic gases shall not be installed or used in the aircraft cockpit.” Transport Canada stated that adding this sentence would harmonize the special condition with Technical Standard Order (TSO) TSO-C142a, Non-Rechargeable Lithium Cells and Batteries, and RTCA DO-227, Minimum Operational Performance Standard for Lithium Batteries. The FAA does not agree with the proposal and did not add this sentence to special condition no. 2. We consider the special condition without this sentence more appropriate because it allows an applicant to demonstrate that the amount of gases a battery vents is not a hazard to the flight deck, and allows installation of those batteries.

Transport Canada recommended revising proposed special condition no. 5 to read, “. . . each non-rechargeable lithium battery installation must not damage surrounding structure or adjacent systems, equipment, or electrical wiring from corrosive fluids or gases that may escape in such a way as to cause a major or more severe failure condition.” The FAA concurs, and has incorporated the recommended wording into special condition no. 5. We explain our agreement with adding these words in our above response to AIA's comment on this special condition.

Transport Canada recommended revising proposed special condition no. 6 to refer to “essential systems” instead of “systems,” because the FAA previously found that wording acceptable for rechargeable lithium battery special conditions. Alternatively, Transport Canada recommended that the FAA be consistent and use “systems” for both rechargeable and non-rechargeable lithium battery special conditions in the future. The intent of this special condition is to address the hazards to the airplane regardless of the system critically. The FAA agrees with using “systems” in this special condition and in the next special conditions we propose for a rechargeable lithium battery installation.

Transport Canada recommended revising proposed special condition no. 6 to read, “. . .each non-rechargeable lithium battery installation must have provisions to prevent any hazardous effect on airplane structure or systems caused by the maximum amount of heat it can generate due to any discharge condition and/or failure of it or its individual cells.” The FAA does not agree with the proposal. The maximum heat generated due to any battery or cell failure (for example, the heat generated during thermal runaway) represents the worst-case condition. The maximum heat generated during “any discharge condition” will not exceed this worst-case condition. Therefore, the FAA did not revise this special condition.

Transport Canada recommended including “unbalanced discharge” in the list of conditions intended to be prevented in proposed special condition no. 7. As a result of a comment from AIA addressed above, the FAA deleted proposed special condition no. 7 because compliance with special condition nos. 1 and 2 accomplish its safety objectives. Special conditions 1 and 2 also address unbalanced discharge.

Transport Canada recommended revising proposed special condition no. 8 to read, “. . . each non-rechargeable lithium battery installation must have a means to automatically and permanently disconnect from its discharging circuit in the event of an over-temperature condition, over-current condition, cell failure, or battery failure.” Transport Canada recommended this change to raise awareness of issues associated with positive temperature coefficient protective devices in lithium battery design. As discussed above in response to an AIA comment, the FAA deleted proposed special condition no. 8, and therefore, has not incorporated the recommended revision.

Transport Canada recommended adding a special condition to require instructions for continued airworthiness (ICAs) to address handling and storage of non-rechargeable lithium batteries at a minimum. The FAA has not added the recommended special condition because § 25.1529 requires ICAs for non-rechargeable lithium battery installations. To ensure compliance with § 25.1529, the FAA is documenting acceptable methods of compliance with § 25.1529 for non-rechargeable lithium battery installations as part of the certification process. These methods of compliance address the issues Transport Canada raised. The FAA previously included a special condition that requires compliance with § 25.1529 in rechargeable lithium battery special conditions. For consistency and the above-stated reasons, the FAA plans to no longer include that special condition in special conditions applicable to rechargeable lithium batteries.

Transport Canada recommended “the special condition be written in such a way as to drive the requirement for original equipment manufacturers to complete an adequate failure modes and effects analysis (FMEA) in order to discover and mitigate for all failure modes, including those that are less well known.” The FAA does not agree with the proposal. The current FAA AC 25.1309-1A and Aviation Rulemaking Advisory Committee (ARAC) recommended AC 25.1309-Arsenal contain guidance to utilize FMEA in the safety-assessment process. The FAA believes that these special conditions, and the hazards identified, drive the FMEA or any other system-safety assessment tool to comprehensively assess the risk of battery failures. We believe that we have accomplished Transport Canada's recommendation.

Transport Canada recommended changes to FAA TSO-142a, Non-Rechargeable Lithium Cells and Batteries. Their comment did not recommend changes to these special conditions; as such, this comment does not affect these special conditions.

Transport Canada recommended adding a special condition that reads, “Equipment manufacturers intending to use lithium-metal batteries in aircraft equipment must demonstrate that the battery design incorporates an acceptable level of circuit protection to mitigate against known failure modes including, but not limited to, external short-circuits and unbalanced discharge.” Transport Canada referenced Air Accidents Investigation Branch (AAIB) Safety Recommendation 2015-016 to support this recommendation, which states, “It is recommended that the Federal Aviation Administration, in conjunction with the European Aviation Safety Agency and Transport Canada, require equipment manufacturers intending to use lithium-metal batteries in aircraft equipment to demonstrate that the battery design incorporates an acceptable level of circuit protection to mitigate against known failure modes including, but not limited to, external short-circuits and unbalanced discharge.” The FAA does not concur with adding this special condition. The AAIB wrote their recommendation based on a non-rechargeable lithium battery installation that was approved before the FAA determined the need to apply special conditions. Their recommendation is specific to incorporating circuit protection, which is a means to achieve the safety level defined in these special conditions. The FAA intends for these special conditions to be performance-based. Additionally, type certificate and supplemental type certificate applicants, and not the equipment manufacturers who have not applied for the installation approval, are required to demonstrate compliance to applicable special conditions.

The FAA has determined that “uncontrolled” in special condition no. 2 should be “uncontrollable” to more accurately describe the concern. This revision does not change the intended meaning of this special condition.

Except as discussed above, the special conditions are adopted as proposed.

Applicability

As discussed above, these special conditions are applicable to the Gulfstream Model GVI airplane. Should Gulfstream apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, these special conditions would apply to that model as well.

These special conditions are only applicable to design changes applied for after its effective date. The existing airplane fleet and follow-on deliveries of airplanes with previously certified non-rechargeable lithium battery installations are not affected.

These special conditions are not applicable to changes to previously certified non-rechargeable lithium battery installations where the only change is either cosmetic or relocating the installation to improve the safety of the airplane and occupants. The FAA determined that this exclusion is in the public interest because the need to meet all of the special conditions might otherwise deter design changes that solely involve relocating batteries to improve safety. A cosmetic change is a change in appearance only, and does not change any function or safety characteristic of the battery installation.

Conclusion

This action affects only certain novel or unusual design features on one model of airplane. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

Aircraft, Aviation safety, Reporting and record keeping requirements.

The authority citation for these special conditions is as follows:

Authority:

49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

Accordingly, the following special conditions are part of the type certification basis for Gulfstream Model GVI airplanes.

Non-Rechargeable Lithium Battery Installations

In lieu of § 25.1353(b)(1) through (b)(4) at Amendment 25-113, each non-rechargeable lithium battery installation must:

1. Maintain safe cell temperatures and pressures under all foreseeable operating conditions to prevent fire and explosion.

2. Prevent the occurrence of self-sustaining, uncontrollable increases in temperature or pressure.

3. Not emit explosive or toxic gases, either in normal operation or as a result of its failure, that may accumulate in hazardous quantities within the airplane.

4. Meet the requirements of § 25.863.

5. Not damage surrounding structure or adjacent systems, equipment, or electrical wiring from corrosive fluids or gases that may escape in such a way as to cause a major or more-severe failure condition.

6. Have provisions to prevent any hazardous effect on airplane structure or systems caused by the maximum amount of heat it can generate due to any failure of it or its individual cells.

7. Have a failure sensing and warning system to alert the flightcrew if its failure affects safe operation of the airplane.

8. Have a means for the flightcrew or maintenance personnel to determine the battery charge state if the battery's function is required for safe operation of the airplane.

Note 1:

A battery system consists of the battery and any protective, monitoring, and alerting circuitry or hardware inside or outside of the battery. It also includes vents (where necessary) and packaging. For the purpose of these special conditions, a “battery” and “battery system” are referred to as a battery.

Issued in Renton, Washington, on April 14, 2016. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-09311 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2016-4819; Special Conditions No. 25-615-SC] Special Conditions: Bombardier Inc. Model BD-700-2A12 and BD-700-2A13 Airplanes; Airplane Electronic System Security Protection From Unauthorized External Access AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final special conditions; request for comments.

SUMMARY:

These special conditions are issued for the Bombardier Inc. Model BD-700-2A12 and BD-700-2A13 airplanes. These airplanes will have a digital-systems network architecture composed of several connected networks that may allow access to or by external computer systems and networks, and may result in airplane systems-security vulnerabilities. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

DATES:

This action is effective on Bombardier Inc. on April 22, 2016. We must receive your comments by June 6, 2016.

ADDRESSES:

Send comments identified by docket number FAA-2016-4819 using any of the following methods:

Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending your comments electronically.

Mail: Send comments to Docket Operations, M-30, U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.

Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Fax: Fax comments to Docket Operations at 202-493-2251.

Privacy: The FAA will post all comments it receives, without change, to http://www.regulations.gov/, including any personal information the commenter provides. Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT's complete Privacy Act Statement can be found in the Federal Register published on April 11, 2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.

Docket: Background documents or comments received may be read at http://www.regulations.gov/ at any time. Follow the online instructions for accessing the docket or go to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Varun Khanna, FAA, Airplane and Flight Crew Interface, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-1298; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION:

The substance of these special conditions has been subject to the public comment process in several prior instances with no substantive comments received. The FAA therefore finds that good cause exists for making these special conditions effective upon publication in the Federal Register.

Comments Invited

We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data.

We will consider all comments we receive by the closing date for comments. We may change these special conditions based on the comments we receive.

Background

On June 13, 2012, Bombardier Inc. applied for an amended type certificate for their new Model BD-700-2A12 and BD-700-2A13 airplanes. These airplanes are derivatives of the Model BD-700 series of airplanes, and are marketed as the Bombardier Global 7000 and Global 8000, respectively. These airplanes are ultra-long-range, executive-interior business jets.

The Model BD-700-2A12 and BD-700-2A13 airplanes have a maximum certified passenger capacity of 19, and include new high-speed transonic wings with improved aerodynamic efficiency and a pressurized cabin for luxury interiors.

Type Certification Basis

Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.101, Bombardier Inc. must show that the Model BD-700-2A12 and BD-700-2A13 airplanes meet the applicable provisions of part 25 as amended by Amendments 25-1 through 25-137.

If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Model BD-700-2A12 and BD-700-2A13 airplanes because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16.

Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same novel or unusual design feature, these special conditions would also apply to the other model under § 21.101.

In addition to the applicable airworthiness regulations and special conditions, the Model BD-700-2A12 and BD-700-2A13 airplanes must comply with the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the noise-certification requirements of 14 CFR part 36.

The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of the type certification basis under § 21.101.

Novel or Unusual Design Features

The Model BD-700-2A12 and BD-700-2A13 airplanes will incorporate the following novel or unusual design feature: A digital-systems network architecture composed of several connected networks. This network architecture and network configuration will have the capability to allow access to or by external network sources, and may be used for or interfaced with a diverse set of functions, including:

• Flight-safety-related control, communication, and navigation systems (airplane-control domain);

• Operator business and administrative support (operator-information domain); and

• Passenger information and entertainment systems (passenger-entertainment domain).

Discussion

The Model BD-700-2A12 and BD-700-2A13 airplanes' digital-systems network architecture is novel or unusual for commercial transport airplanes as it allows connection to airplane electronic systems and networks, and access from sources external to the airplane (e.g., operator networks, wireless devices, Internet connectivity, service-provider satellite communications, electronic flight bags, etc.) to the previously isolated airplane electronic assets. Airplane electronic assets include electronic equipment and systems, instruments, networks, servers, software and electronic components, field-loadable software and hardware applications, databases, etc. This proposed design may result in network security vulnerabilities from intentional or unintentional corruption of data and systems required for the safety, operation, and maintenance of the airplane.

The existing regulations and guidance material did not anticipate these types of digital-system network architectures, nor access to airplane systems. Furthermore, 14 CFR part 25 regulations, and current system-safety assessment policy and techniques, do not address potential security vulnerabilities by unauthorized access to airplane data busses and servers. Therefore, these special conditions are issued to ensure that the security, integrity, and availability of airplane systems are not compromised by certain wired or wireless electronic connections between airplane data busses and networks.

These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Applicability

As discussed above, these special conditions are applicable to the Model BD-700-2A12 and BD-700-2A13 airplanes. Should Bombardier Inc. apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, these special conditions would apply to that model as well.

Conclusion

This action affects only a certain novel or unusual design feature on one model series of airplanes. It is not a rule of general applicability.

The substance of these special conditions has been subjected to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon issuance. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above.

List of Subjects in 14 CFR Part 25

Aircraft, Aviation safety, Reporting and recordkeeping requirements.

The authority citation for these special conditions is as follows:

Authority:

49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for electronic system-security protection from unauthorized external access on Bombardier Inc. Model BD-700-2A12 and BD-700-2A13 airplanes.

1. The applicant must ensure that the airplane electronic systems are protected from access by unauthorized sources external to the airplane, including those possibly caused by maintenance activity.

2. The applicant must ensure that electronic system-security threats are identified and assessed, and that effective electronic system-security protection strategies are implemented to protect the airplane from all adverse impacts on safety, functionality, and continued airworthiness.

3. The applicant must establish appropriate procedures to allow the operator to ensure that continued airworthiness of the airplane is maintained, including all post-type-certification modifications that may have an impact on the approved electronic system-security safeguards.

Issued in Renton, Washington, on April 8, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-09336 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2016-4238; Special Conditions No. 25-613-SC] Special Conditions: Gulfstream Aerospace Corporation Model GVII-G500 Airplanes; Airplane Electronic System Security Protection From Unauthorized External Access AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final special conditions; request for comments.

SUMMARY:

These special conditions are issued for the Gulfstream Aerospace Corporation (Gulfstream) Model GVII-G500 airplane. These airplanes will have a digital-systems network architecture composed of several connected networks that may allow access to or by external computer systems and networks, and may result in airplane electronic system-security vulnerabilities. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

DATES:

This action is effective on Gulfstream Aerospace Corporation on April 22, 2016. We must receive your comments by June 6, 2016.

ADDRESSES:

Send comments identified by docket number FAA-2016-4238 using any of the following methods:

Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending your comments electronically.

Mail: Send comments to Docket Operations, M-30, U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.

Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Fax: Fax comments to Docket Operations at 202-493-2251.

Privacy: The FAA will post all comments it receives, without change, to http://www.regulations.gov/, including any personal information the commenter provides. Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT's complete Privacy Act Statement can be found in the Federal Register published on April 11, 2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.

Docket: Background documents or comments received may be read at http://www.regulations.gov/ at any time. Follow the online instructions for accessing the docket or go to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Varun Khanna, FAA, Airplane and Flight Crew Interface, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98057-3356; telephone 425-227-1298; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION:

The substance of these special conditions has been subject to the public comment process in several prior instances with no substantive comments received. The FAA therefore finds that good cause exists for making these special conditions effective upon publication in the Federal Register.

Comments Invited

We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data.

We will consider all comments we receive by the closing date for comments. We may change these special conditions based on the comments we receive.

Background

On March 29, 2012, Gulfstream Aerospace Corporation applied for a type certificate for their new Model GVII-G500 airplane.

The Model GVII-G500 airplane will be a business jet capable of accommodating up to 19 passengers. It will incorporate a low, swept-wing design with winglets and a T-tail. The powerplant will consist of two aft-fuselage-mounted Pratt & Whitney turbofan engines.

Type Certification Basis

Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.17, Gulfstream must show that the Model GVII-G500 airplane meets the applicable provisions of part 25, as amended by Amendments 25-1 through 25-137.

If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Model GVII-G500 airplane because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16.

Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, these special conditions would also apply to the other model under § 21.101.

In addition to the applicable airworthiness regulations and special conditions, the Model GVII-G500 airplane must comply with the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the noise-certification requirements of 14 CFR part 36.

The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of the type certification basis under § 21.17.

Novel or Unusual Design Features

The Model GVII-G500 airplane will incorporate the following novel or unusual design feature: A digital-systems network architecture composed of several connected networks. This network architecture and network configuration will have the capability to allow access to or by external network sources, and may be used for or interfaced with a diverse set of functions, including:

• Flight-safety-related control, communication, and navigation systems (airplane-control domain);

• Operator business and administrative support (operator-information domain); and

• Passenger information and entertainment systems (passenger-entertainment domain).

Discussion

The Model GVII-G500 airplane's digital-systems network architecture is novel or unusual for commercial transport airplanes as it allows connection to airplane electronic systems and networks, and access from sources external to the airplane (e.g., operator networks, wireless devices, Internet connectivity, service-provider satellite communications, electronic flight bags, etc.) to the previously isolated airplane electronic assets. Airplane electronic assets include electronic equipment and systems, instruments, networks, servers, software and electronic components, field-loadable software and hardware applications, databases, etc. This proposed design may result in network security vulnerabilities from intentional or unintentional corruption of data and systems required for the safety, operation, and maintenance of the airplane.

The existing regulations and guidance material did not anticipate these types of digital-system architectures, nor access to airplane systems. Furthermore, 14 CFR part 25, and current system-safety assessment policy and techniques, do not address potential security vulnerabilities by unauthorized access to airplane data busses and servers. Therefore, these special conditions are issued to ensure that the security, integrity, and availability of airplane systems are not compromised by certain wired or wireless electronic connections between airplane data busses and networks.

These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Applicability

As discussed above, these special conditions are applicable to the Model GVII-G500 airplane. Should Gulfstream apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, these special conditions would apply to that model as well.

Conclusion

This action affects only a certain novel or unusual design feature on one model series of airplane. It is not a rule of general applicability.

The substance of these special conditions has been subjected to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon issuance. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above.

List of Subjects in 14 CFR Part 25

Aircraft, Aviation safety, Reporting and recordkeeping requirements.

The authority citation for these special conditions is as follows:

Authority:

49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for electronic system-security protection from unauthorized external access on the Gulfstream Aerospace Corporation Model GVII-G500 airplane.

1. The applicant must ensure that the airplane electronic systems are protected from access by unauthorized sources external to the airplane, including those possibly caused by maintenance activity.

2. The applicant must ensure that electronic system-security threats are identified and assessed, and that effective electronic system-security protection strategies are implemented to protect the airplane from all adverse impacts on safety, functionality, and continued airworthiness.

3. The applicant must establish appropriate procedures to allow the operator to ensure that continued airworthiness of the airplane is maintained, including all post-type-certification modifications that may have an impact on the approved electronic system-security safeguards.

Issued in Renton, Washington, on April 8, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-09335 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-5592; Directorate Identifier 2016-NM-040-AD; Amendment 39-18488; AD 2016-08-12] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; request for comments.

SUMMARY:

We are adopting a new airworthiness directive (AD) for The Boeing Company Model 787-8 and 787-9 airplanes powered by General Electric (GE) GEnx-1B engines. This AD requires revising the airplane flight manual (AFM) to provide the flight crew a revised fan ice removal procedure and a new associated mandatory flight crew briefing to reduce the likelihood of engine damage due to fan ice shedding. This AD also removes certain dispatch relief. For airplanes with certain engines, this AD also requires reworking or replacing at least one engine. This AD was prompted by a recent engine fan blade rub event that caused an in-flight non-restartable power loss. We are issuing this AD to prevent susceptibility to heavy fan blade rubs, which could result in engine damage and a possible in-flight non-restartable power loss of one or both engines.

DATES:

This AD is effective May 9, 2016.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of May 9, 2016.

The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of March 18, 2016 (81 FR 14704, March 18, 2016).

We must receive comments on this AD by June 6, 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 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this final rule, contact General Electric Company, GE Aviation, Room 285, 1 Neumann Way, Cincinnati, OH 45215; phone: 513-552-3272; email: [email protected] You may view this 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-2016-5592.

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-2016-5592; 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 (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6438; fax: 425-917-6590; email: [email protected]

SUPPLEMENTARY INFORMATION:

Discussion

On March 14, 2016, we issued AD 2016-06-08, Amendment 39-18439 (81 FR 14704, March 18, 2016) (“AD 2016-06-08”), for Boeing Model 787-8 and 787-9 airplanes powered by GE GEnx engines. AD 2016-06-08 was prompted by a report of a significant fan rub event involving a GEnx-1B Performance Improvement Program (PIP) 2 engine, apparently caused by partial fan ice shedding and a resulting fan imbalance that in turn caused substantial damage to the engine and an in-flight non-restartable power loss. GEnx-1B PIP1 engines have model designators GEnx-1B( )/P1. GEnx-1B PIP2 engines have model designators GEnx-1B( )/P2.

We continue to investigate this issue with Boeing and GE; however, the engine damage appears to be a result of susceptibility to heavy fan blade rubs common to the GEnx-1B PIP2 engine. The other engine on the event airplane was an older design GEnx-1B PIP1 configuration that incurred expected wear and minor damage during the icing event and continued to operate normally. The event occurred in icing conditions at an altitude of 20,000 feet.

The urgency of this issue stems from the safety concern over continued safe flight and landing for airplanes that are powered by two GEnx-1B PIP2 engines operating in a similar environment to the event airplane. In this case both GEnx-1B PIP2 engines may be similarly damaged and unable to be restarted in flight. The potential for common cause failure of both engines in flight is an urgent safety issue.

AD 2016-06-08 requires revising the airplane flight manual (AFM) to provide the flight crew a new fan ice removal procedure to reduce the likelihood of engine damage due to fan ice shedding. AD 2016-06-08 also requires, for certain airplanes, reworking the fan stator module assembly on GEnx-1B PIP2 engines.

Susceptibility to heavy fan blade rubs, if not corrected, could result in engine damage and a possible in-flight non-restartable power loss of one or both engines. We are issuing this AD to correct the unsafe condition on these products.

The preamble to AD 2016-06-08 explains that we regard the requirements “interim action” and were considering further rulemaking. We now have determined that further rulemaking is indeed necessary, and this AD follows from that determination.

Related Service Information Under 1 CFR Part 51

We reviewed GE GEnx-1B Service Bulletins 72-0309 R00, dated March 11, 2016; and 72-0314 R00, dated April 1, 2016. The service information describes procedures for reworking the fan stator module assembly on GEnx-1B PIP2 engines. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

FAA's Determination

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

AD Requirements

This AD requires revising the AFM to provide the flight crew a revised fan ice removal procedure and a new associated mandatory flight crew briefing to reduce the likelihood of engine damage due to fan ice shedding. This AD also removes certain dispatch relief. For an airplane with two GEnx-1B PIP2 engines having specified model and part numbers, this AD also requires reworking or replacing at least one engine.

Interim Action

We consider this AD interim action. This action addresses rework of a single engine on any airplane that has two GEnx-1B PIP2 engines having certain model and part numbers. We may consider issuing further rulemaking to require rework of the remainder of the GEnx-1B PIP2 engines in this fleet.

FAA's Justification and Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because susceptibility to heavy fan blade rubs could result in engine damage and a possible in-flight non-restartable power loss of one or both engines. Therefore, we find that notice and opportunity for prior public comment are impracticable and that good cause exists for making this amendment effective in less than 30 days.

Explanation of Compliance Times

The FAA has evaluated the safety risk associated with this condition and has determined that in the interest of safety it is necessary to mandate three actions:

• Revise the Boeing Model 787 AFM to provide the flight crew a revised fan ice removal procedure and a new daily flight crew briefing on the existing engine ice shed procedure. The compliance time is 7 days.

• Removes certain dispatch relief, effective within 7 days.

• Rework or replacement of at least one engine, for airplanes with two GEnx-1B PIP2 engines. The compliance time is about 150 calendar days after issuance of this AD. Boeing and the engine manufacturer, GE, have developed a maintenance plan to support this compliance schedule.

The FAA has determined that allowing for notice and public comment through a notice of proposed rulemaking (NPRM) prior to mandating these actions is neither practicable nor in the public interest.

Recognizing the urgency of this safety issue, this AD represents a compressed schedule to rework a large number of airplanes located around the world. Both specialized tooling and trained personnel are required on-site to perform the rework at various maintenance facilities around the world. To complete the work, 29 airlines will need to reallocate 176 airplanes from revenue service to maintenance in order to conduct the (on-wing) rework. The FAA has determined that 150 days is the minimum time to rework one engine per airplane on the entire fleet.

Issuing an NPRM would require time to allow for public comment, and time for the FAA to consider and respond to those comments. As a result, the time allowed for the operators to perform the engine rework would be significantly reduced from 150 days, owing to the time that elapsed during the notice and comment period.

As a result, the considerable reduction in allowable compliance time would require operators to perform the rework significantly out of sequence with the maintenance schedule plan. In some cases, airplanes could be grounded. Thus, the reduced compliance time could substantially disrupt certain operators. The FAA considers that this is neither practicable nor in the public interest.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA-2016-5592 and Directorate Identifier 2016-NM-040-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD 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 AD.

Costs of Compliance

We estimate that this AD affects 43 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
    AFM revisions 1 work-hour × $85 per hour = $85 $0 $85 $3,655 Rework 40 work-hours × $85 per hour = $3,400 0 3,400 146,200
    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

    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): 2016-08-12 The Boeing Company: Amendment 39-18488; Docket No. FAA-2016-5592; Directorate Identifier 2016-NM-040-AD. (a) Effective Date

    This AD is effective May 9, 2016.

    (b) Affected ADs

    This AD affects AD 2016-06-08, Amendment 39-18439 (81 FR 14704, March 18, 2016) (“AD 2016-06-08”).

    (c) Applicability

    This AD applies to The Boeing Company Model 787-8 and 787-9 airplanes, certificated in any category, powered by General Electric (GE) GEnx-1B engines.

    (d) Subject

    Air Transport Association (ATA) of America Code 72, engines.

    (e) Unsafe Condition

    This AD was prompted by a recent engine fan blade rub event that caused an in-flight non-restartable power loss. We are issuing this AD to prevent susceptibility to heavy fan blade rubs, which could result in engine damage and a possible in-flight non-restartable power loss of one or both engines.

    (f) Compliance

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

    (g) Airplane Flight Manual (AFM) Revision: Certificate Limitations

    Within 7 days after the effective date of this AD, revise the Certificate Limitations chapter of the applicable Boeing 787 AFM to include the statement provided in figure 1 to paragraph (g) of this AD. This may be done by inserting a copy of this AD into the AFM. Once accomplished, the AFM revision required by this paragraph terminates the requirements of paragraph (g) of AD 2016-06-08, and the AFM revision required by paragraph (g) of AD 2016-06-08 must be removed from the AFM.

    ER22AP16.036 (h) AFM Revision: Operating Procedures

    Within 7 days after the effective date of this AD, revise the Operating Procedures chapter of the Boeing 787 AFM to include the statement provided in figure 2 to paragraph (h) of this AD. This may be done by inserting a copy of this AD into the AFM. Once accomplished, the AFM revision required by this AD terminates the requirements of paragraph (h) of AD 2016-06-08, and the AFM revision required by paragraph (h) of AD 2016-06-08 must be removed from the AFM.

    BILLING CODE 4910-13-P ER22AP16.037 BILLING CODE 4910-13-C (i) Removal of Certain Dispatch Relief

    As of 7 days after the effective date of this AD: Notwithstanding the provisions of the operator's minimum equipment list (MEL), dispatch of an airplane is prohibited unless the equipment specified in paragraph (i)(1) and (i)(2) is operational.

    (1) At least one Engine Anti-Ice (EAI) Indication.

    (2) At least one Ice Detector.

    (j) Engine Rework or Replacement

    For an airplane powered by two engines having any model number GEnx-1B64/P2, -1B67/P2, -1B70/P2, -1B70C/P2, -1B70/75/P2, or -1B74/75/P2, and any GEnx engine assembly part number 2447M10G01 or 2447M10G02: Before October 1, 2016, do the actions specified by paragraph (j)(1) or (j)(2) of this AD.

    (1) Rework at least one engine in accordance with paragraph 3.B. or 3.C. of the Accomplishment Instructions of GE GEnx-1B Service Bulletin 72-0309 R00, dated March 11, 2016; or paragraph 3.B. or 3.C. of the Accomplishment Instructions of GE GEnx-1B Service Bulletin 72-0314 R00, dated April 1, 2016. Although GE GEnx Service Bulletins GEnx-1B 72-0314 R00, dated April 1, 2016; and GEnx-1B 72-0309 R00, dated March 11, 2016; specify submitting certain tip clearance measurements to GE, no report is required by this AD.

    (2) Remove at least one engine and replace with an engine that is eligible for installation that is not identified in the introductory text to paragraph (j) of this AD.

    (k) Alternative Methods of Compliance (AMOCs)

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

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

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

    (l) Related Information

    For more information about this AD, contact Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6438; fax: 425-917-6590; email: [email protected].

    (m) Material Incorporated by Reference

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

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

    (3) The following service information was approved for IBR on May 9, 2016.

    (i) GE GEnx-1B Service Bulletin 72-0314 R00, dated April 1, 2016.

    (ii) Reserved.

    (4) The following service information was approved for IBR on March 18, 2016 (81 FR 14704, March 18, 2016).

    (i) GE GEnx-1B Service Bulletin 72-0309 R00, dated March 11, 2016.

    (ii) Reserved.

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

    (6) 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.

    (7) 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 Burlington, Massachusetts, on April 7, 2016. Ann C. Mollica, Acting Manager, Engine & Propeller Directorate, Aircraft Certification Service. Issued in Renton, Washington, on April 12, 2016. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-09000 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-2965; Directorate Identifier 2014-NM-227-AD; Amendment 39-18487; AD 2016-08-11] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are superseding Airworthiness Directive (AD) 2012-17-13, which applied to certain The Boeing Company Model 707 airplanes, and Model 720 and 720B series airplanes. For certain airplanes, AD 2012-17-13 required using redefined flight cycle counts; determining the type of material of the horizontal stabilizer, rear spar, and upper and lower chords on the inboard and outboard ends of the rear spar; repetitively inspecting for cracking of the horizontal stabilizer components; and repairing or replacing the chord, or modifying chord segments made of 7079 aluminum, if necessary. For all airplanes, AD 2012-17-13 required inspecting certain structurally significant items, and repairing discrepancies if necessary. This new AD adds a requirement to replace all chord segments made of 7079 aluminum with new, improved chord segments made of 7075 aluminum. This AD was prompted by a determination that all chord segments made of 7079 aluminum must be replaced with new, improved chord segments made of 7075 aluminum. We are issuing this AD to detect and correct stress corrosion and potential early fatigue cracking in the horizontal stabilizer, which could result in reduced structural integrity of the horizontal stabilizer.

    DATES:

    This AD is effective May 27, 2016.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of May 27, 2016.

    The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of October 16, 2012 (77 FR 55681, September 11, 2012).

    ADDRESSES:

    For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Data & Services Management, 3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001; telephone 206-544-5000, extension 2; fax 206-766-5683; 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-2015-2965.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.govby searching for and locating Docket No. FAA-2015-2965; 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:

    Chandra Ramdoss, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5239; fax: 562-627-5210; email: [email protected]

    SUPPLEMENTARY INFORMATION: Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2012-17-13, Amendment 39-17176 (77 FR 55681, September 11, 2012) (“AD 2012-17-13”). AD 2012-17-13 applied to certain The Boeing Company Model 707 airplanes, and Model 720 and 720B series airplanes. The NPRM published in the Federal Register on July 30, 2015 (80 FR 45453) (“the NPRM”). The NPRM was prompted by a determination that all chord segments made of 7079 aluminum must be replaced with new, improved chord segments made of 7075 aluminum. The NPRM proposed to continue to require, for certain airplanes, using redefined flight cycle counts, determining the type of material of the horizontal stabilizer, rear spar, and upper and lower chords on the inboard and outboard ends of the rear spar; repetitively inspecting for cracking of the horizontal stabilizer components; and repairing or replacing the chord, or modifying chord segments made from 7079 aluminum, if necessary. The NPRM also proposed to continue to require, for all airplanes, inspecting certain structurally significant items, and repairing discrepancies if necessary. The NPRM proposed to add a requirement to replace all chord segments made of 7079 aluminum with new, improved chord segments made of 7075 aluminum. We are issuing this AD to detect and correct stress corrosion and potential early fatigue cracking in the horizontal stabilizer, which could compromise the structural integrity of the stabilizer.

    Comments

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

    Request To Clarify Certain Language in Paragraph (i) of the Proposed AD

    Boeing asked that we clarify the description of the affected components specified in paragraph (i) of the proposed AD, which is a restatement of paragraph (i) of AD 2012-17-13. Boeing stated that the intent of paragraph (i) of AD 2012-17-13 was to specify the inspection requirements for rear spar upper inboard chord segments made from 7075 aluminum. Boeing added that the restatement in paragraph (i) of the proposed AD specifies, “For all airplanes with horizontal stabilizer components made from 7075 . . .” and noted that this description could apply to any chord segment, not just the inboard upper. Boeing asked that the description be clarified to specify “any horizontal stabilizer with a rear spar upper inboard chord segment made from 7075 aluminum, as determined during the inspection required by paragraph (h) of this AD.”

    We agree to clarify paragraph (i) of this AD. The inspection required by paragraph (i) of this AD must be done on upper chords made from 7075 aluminum that are on the inboard end of the rear spar, as specified in Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; and Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014; which are the appropriate sources of service information for accomplishing the required actions. We have revised paragraph (i) of this AD to clarify the inspection requirements. No additional action is necessary for operators that have already complied with paragraph (i) of this AD.

    Request To Clarify Certain Language in Paragraph (j) of the Proposed AD

    Boeing also asked that we clarify the language in the restatement of actions specified in paragraph (j) of the proposed AD in order to specify that the inspections in paragraph (i) of the proposed AD can only be deferred for 4,000 flight cycles if the upper inboard chord is replaced with a new chord. Boeing stated that changing paragraph (i) of the proposed AD ensures that it is clear that the inspection can only be deferred for 4,000 flight cycles if the upper inboard chord is replaced.

    We agree with the commenter for the reason provided. We have changed paragraph (j) of this AD to specify “For airplanes on which the rear spar upper inner chord is replaced with a new chord . . . :”

    Request To Clarify Certain Language in Paragraph (q) of the Proposed AD

    Boeing also asked that we clarify the language in the new actions specified in paragraph (q) of the proposed AD. Boeing stated that paragraph (j) of the proposed AD states when to resume the inspections after the chord is replaced. Boeing added that paragraph (i) of the proposed AD states the type of inspection and the repetitive inspection interval. Therefore, Boeing stated that paragraph (q) of the proposed AD should point to paragraph (i) of the proposed AD.

    We agree to clarify paragraph (q) of this AD. As noted above, paragraph (j) of the this AD specifies inspecting the new chord within 4,000 flight cycles after the chord replacement, as required by paragraph (i) of this AD, and repeating the inspections thereafter at the times specified in paragraph (i) of this AD. Therefore, we have included similar language in paragraph (q) of this AD.

    Request To Clarify Service Information References

    In addition, Boeing asked that we include 707 in the title for “Boeing Service Bulletin 3381,” as identified in paragraphs (k) and (l) of the proposed AD, to be consistent with all the other service information references in the NPRM.

    We agree with the commenter for the reasons provided. We have changed the service information references in paragraphs (k)(3)(i) and (l) of this AD to specify “Boeing 707 Service Bulletin 3381.”

    Boeing also asked that we change the semi-colon (located between the service information references) in paragraph (k)(3)(ii) of the proposed AD to a comma, because it breaks up the sentence in an unintended way.

    We do not agree to change the semi-colon in paragraph (k)(3)(ii) of this AD. In ADs, we use a semi-colon to separate service information references, except in cases where the semi-colon between service information might cause confusion, e.g., a sentence that already uses semi-colons between text other than the service information. The semi-colon in paragraph (k)(3)(ii) of this AD does not change the intent of that paragraph. We have not changed this AD in this regard.

    Conclusion

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

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

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

    Related Service Information Under 1 CFR Part 51

    We reviewed Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014. The service information describes procedures for incorporating a new cycle counting procedure, determining the material for the horizontal stabilizer rear spar chord segment, inspecting for stress corrosion cracking and fatigue cracking, repair, and replacing all chord segments made of 7079 aluminum with new, improved chord segments made of 7075 aluminum. 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 10 airplanes of U.S. registry.

    We estimate the following costs to comply with this AD:

    Table—Estimated Costs Action Work hours Parts Cost per product Fleet cost Retained inspections from AD 2012-17-13 Up to 32 work-hours × $85 per hour = up to $2,720 per inspection cycle $0 Up to $2,720 per inspection cycle Up to $27,200 per inspection cycle. Replacement [new action] 500 work-hours × $85 per work-hour = $42,500 per chord Up to $228,000 per chord Up to $2,705,000 (up to 10 chords per airplane) 1 Up to $27,050,000.2 1 The parts for the modification could cost up to $2.28 million per airplane, depending on whether only one operator is ordering the parts or multiple operators. The parts cost will go down if multiple operators order parts at the same time. 2 The number of chords which must be replaced on each specific airplane varies. 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 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 removing Airworthiness Directive (AD) 2012-17-13, Amendment 39-17176 (77 FR 55681, September 11, 2012), and adding the following new AD: 2016-08-11 The Boeing Company: Amendment 39-18487; Docket No. FAA-2015-2965; Directorate Identifier 2014-NM-227-AD. (a) Effective Date

    This AD is effective May 27, 2016.

    (b) Affected ADs

    This AD replaces AD 2012-17-13, Amendment 39-17176 (77 FR 55681, September 11, 2012).

    (c) Applicability

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

    (1) Model 707 airplanes identified in Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014.

    (2) Model 720 and 720B series airplanes identified in Boeing 707 Alert Service Bulletin A3516, dated April 4, 2008.

    (d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

    (e) Unsafe Condition

    This AD was prompted by a determination that all chord segments made of 7079 aluminum must be replaced with new, improved chord segments made of 7075 aluminum. We are issuing this AD to detect and correct stress corrosion and potential early fatigue cracking in the horizontal stabilizer, which could result in reduced structural integrity of the horizontal stabilizer.

    (f) Compliance

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

    (g) Retained Flight Cycle Counting Procedure, With Revised Service Information

    This paragraph restates the requirements of paragraph (g) of AD 2012-17-13, Amendment 39-17176 (77 FR 55681, September 11, 2012), with revised service information. Flight cycles, as used in this AD, must be counted as defined in the service information identified in paragraph (g)(1), (g)(2), or (g)(3) of this AD.

    (1) Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007 (for Model 707 airplanes).

    (2) Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014 (for Model 707 airplanes).

    (3) Boeing 707 Alert Service Bulletin A3516, dated April 4, 2008 (for Model 707 airplanes, and Model 720 and 720B series airplanes).

    (h) Retained Determination of Material of the Components of the Horizontal Stabilizer, With Revised Service Information

    This paragraph restates the actions required by paragraph (h) of AD 2012-17-13, Amendment 39-17176 (77 FR 55681, September 11, 2012), with revised service information. For airplanes identified in Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014: At the earlier of the times specified in paragraphs (h)(1) and (h)(2) of this AD, determine the type of material of the horizontal stabilizer, rear spar, upper chords, and lower chords on the inboard and outboard ends of the rear spar, in accordance with Part 2 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014.

    (1) Within 180 days after October 16, 2012 (the effective date of AD 2012-17-13, Amendment 39-17176 (77 FR 55681, September 11, 2012)).

    (2) Before further flight after any horizontal stabilizer is replaced after October 16, 2012.

    (i) Retained Repetitive Inspections of 7075 Aluminum Components, With Revised Service Information and Affected Component Description

    This paragraph restates the actions required by paragraph (i) of AD 2012-17-13, Amendment 39-17176 (77 FR 55681, September 11, 2012), with revised service information and affected component description. For airplanes with any horizontal stabilizer with a rear spar upper inboard chord segment made from 7075 aluminum, as determined during the inspection required by paragraph (h) of this AD: Within 180 days after October 16, 2012 (the effective date of AD 2012-17-13), and before further flight after any replacement of the horizontal stabilizer, do a special detailed inspection for cracking of the upper chord on the inboard end of the rear spar on both the left and right side horizontal stabilizers, from stabilizer station −13.179 to 92.55, in accordance with Part 3 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014. Repeat the inspections thereafter at intervals not to exceed 500 flight cycles, and before further flight after any replacement of the horizontal stabilizer, except as provided by paragraph (j) of this AD. If any cracking is found, before further flight, either repair the cracking in accordance with Part 3 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014, except as required by paragraph (n) of this AD; or replace the chord with a new chord, in accordance with Part 6 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014.

    (j) Retained Repetitive Inspections on Airplanes With Replaced Chord, With Revised Service Information and Revised Language for Affected Airplanes

    This paragraph restates the actions required by paragraph (j) of AD 2012-17-13, Amendment 39-17176 (77 FR 55681, September 11, 2012), with revised service information and revised langue for affected airplanes. For airplanes on which the rear spar upper inner chord is replaced with a new chord in accordance with Part 6 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014: Within 4,000 flight cycles after the chord replacement, inspect the new chord, as required by paragraph (i) of this AD, and repeat the inspections thereafter at the times specified in paragraph (i) of this AD.

    (k) Retained Repetitive Inspections of 7079 Aluminum Components, With Revised Service Information

    This paragraph restates the actions required by paragraph (k) of AD 2012-17-13, Amendment 39-17176 (77 FR 55681, September 11, 2012), with revised service information. For airplanes with horizontal stabilizers that have components of the chords of the rear spar made from 7079 aluminum, as determined during the inspection required by paragraph (h) of this AD: Within 180 days after October 16, 2012 (the effective date of AD 2012-17-13), do the actions required by paragraphs (k)(1), (k)(2), and (k)(3) of this AD, and repeat those actions at the applicable intervals specified in paragraphs (k)(1), (k)(2), and (k)(3) of this AD.

    (1) Do a special detailed inspection for cracking of the upper chord of the inboard side of the rear spar of both the left and right side horizontal stabilizers from stabilizer station −13.179 to 92.55, in accordance with Part 3 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014. Repeat the inspection thereafter at intervals not to exceed 250 flight cycles or 180 days, whichever occurs first. If any cracking is found during any inspection required by this paragraph, before further flight, either repair the cracking, in accordance with Part 3 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014, except as required by paragraph (n) of this AD; or replace the chord with a new chord, in accordance with Part 6 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014.

    (2) Do a high frequency eddy current inspection for cracking of the web flanges of the upper and lower chords of the rear spar in the left and right side horizontal stabilizers from stabilizer stations 92.55 to 272.55, in accordance with Part 4 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014. Repeat the inspection thereafter at intervals not to exceed 1,000 flight cycles or 180 days, whichever occurs first. If any cracking is found during any inspection required by this paragraph, before further flight, do the actions specified in paragraph (k)(2)(i) or (k)(2)(ii) of this AD.

    (i) Determine whether the cracking meets the limits specified in Part 4 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014, and whether a previous repair has been done; determine if all 7079 upper and lower chord segments installed on the horizontal stabilizer have had the Part II, Group 1, Preventative Modification specified in Boeing 707 Service Bulletin 3356 done; and do all applicable repairs and modifications, in accordance with the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007' or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014. Do the actions required by this paragraph in accordance with Part 4 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014, except as required by paragraph (n) of this AD. Do all applicable repairs and modifications before further flight.

    (ii) Replace the chord with a new chord, in accordance with Part 6 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014.

    (3) Do low frequency eddy current (LFEC) inspections for cracking of the forward skin flanges of the upper and lower chords of the rear spar in the left and right side horizontal stabilizers from stabilizer stations −13.179 to 272.55 (for lower chords) and 92.55 to 272.55 (for upper chords), in accordance with Part 5 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014. Repeat the inspections thereafter at intervals not to exceed 1,000 flight cycles or 180 days, whichever occurs first. If any cracking is found during any inspection required by this paragraph, before further flight, do the actions specified in either paragraph (k)(3)(i) or paragraph (k)(3)(ii) of this AD.

    (i) Repair any cracking, determine whether all 7079 upper and lower chord segments installed on the horizontal stabilizer have had the Part II—Preventative Modification specified in Boeing 707 Service Bulletin 3381 done, and do all applicable modifications, in accordance with the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014. Do the actions required by this paragraph in accordance with Part 5 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014, except as required by paragraph (n) of this AD. Do all applicable modifications before further flight.

    (ii) Replace the chord with a new chord, in accordance with Part 6 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014.

    (l) Retained Modification/Chord Replacement, With Revised Service Information

    This paragraph restates the actions required by paragraph (l) of AD 2012-17-13, Amendment 39-17176 (77 FR 55681, September 11, 2012), with revised service information. For airplanes identified in Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014, with horizontal stabilizers that have rear spar chord components made from 7079 aluminum and have not had embodied the modification of Part II of Boeing 707 Service Bulletin 3381, dated July 25, 1980; or Boeing 707 Service Bulletin 3381, Revision 1, dated July 31, 1981: Before further flight after determining the type of material in accordance with paragraph (h) of this AD, modify all 7079 chord segments installed on the horizontal stabilizer, in accordance with Part 5 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014; or replace the chord, in accordance with Part 6 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014.

    (m) Retained Supplemental Structural Inspection Document Inspections

    This paragraph restates the actions required by paragraph (m) of AD 2012-17-13, Amendment 39-17176 (77 FR 55681, September 11, 2012). For all airplanes: Within 180 days or 1,000 flight cycles after October 16, 2012 (the effective date of AD 2012-17-13), whichever occurs first, do the inspections of the applicable structurally significant items specified in and in accordance with the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3516, dated April 4, 2008. If any cracking is found, before further flight, repair using a method approved in accordance with the procedures specified in paragraph (r) of this AD. The inspections required by AD 85-12-01 R1, Amendment 39-5439 (51 FR 36002, October 8, 1986), are still required, except, as of October 16, 2012 (the effective date of AD 2012-17-13), the flight cycle interval for the repetitive inspections specified in paragraph 1.E., “Compliance,” of Boeing 707 Alert Service Bulletin A3516, dated April 4, 2008, must be counted in accordance with the requirements of paragraph (g) of this AD.

    (n) Retained Exception to Certain Service Information: Contacting FAA for Crack Repair

    This paragraph restates the actions required by paragraph (n) of AD 2012-17-13, Amendment 39-17176 (77 FR 55681, September 11, 2012), with revised service information. If any cracking is found during any inspection required by this AD, and Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014, specifies to contact Boeing for appropriate action: Before further flight, repair the cracking using a method approved in accordance with the procedures specified in paragraph (r) of this AD.

    (o) Retained Exception to Certain Service Information: Nondestructive Test Compliance Procedures

    This paragraph restates the requirements of paragraph (o) of AD 2012-17-13, Amendment 39-17176 (77 FR 55681, September 11, 2012), with revised service information. Where Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014, specifies that operators “refer to” nondestructive test (NDT) procedures, the procedures must be done in accordance with the service information identified in paragraphs (o)(1), (o)(2), and (o)(3) of this AD, as applicable.

    (1) Figure 20, “Electrical Conductivity Measurement for Aluminum,” of Subject 51-00-00, “Structures-General,” of Part 6—Eddy Current, of the Boeing 707/720 Nondestructive Test Manual, Document D6-48023, Revision 118, dated July 15, 2011.

    (2) Subject 55-10-07, “Horizontal Stabilizer,” of Part 6—Eddy Current, of the Boeing 707/720 Nondestructive Test Manual, Document D6-48023, Revision 118, dated July 15, 2011.

    (3) Subject 51-01-00, “Orientation and Preparation for Testing” of Part 1—General, of the Boeing 707/720 Nondestructive Test Manual, Document D6-48023, Revision 118, dated July 15, 2011.

    (p) Retained Parts Installation Prohibition With Revised Service Information

    This paragraph restates the parts installation prohibition required by paragraph (p) of AD 2012-17-13, Amendment 39-17176 (77 FR 55681, September 11, 2012), with revised service information. As of October 16, 2012 (the effective date of AD 2012-17-13, Amendment 39-17176 (77 FR 55681, September 11, 2012)), no person may install any horizontal stabilizer assembly with any chord segment having a part number other than that identified in paragraph 2.C.2. of Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007; or Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014, on any airplane.

    (q) New Replacement of 7079 Aluminum Components

    Within 48 months after the effective date of this AD: Replace all 7079 aluminum chord segments of the upper and lower chords installed on the horizontal stabilizer with 7075 aluminum chord segments, in accordance with Part 6 of the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014. Within 4,000 flight cycles after accomplishing the replacements required by this paragraph, inspect the new chord, as required by paragraph (i) of this AD, and repeat the inspections thereafter at the times specified in paragraph (i) of this AD.

    (r) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 (s) 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, Los Angeles 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) AMOCs approved for AD 2012-17-13, Amendment 39-17176 (77 FR 55681, September 11, 2012), are approved as AMOCs for the corresponding provisions of this AD.

    (s) Related Information

    For more information about this AD, contact Chandra Ramdoss, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5239; fax: 562-627-5210; email: [email protected]

    (t) 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 707 Alert Service Bulletin A3515, Revision 1, dated October 10, 2014.

    (ii) Reserved.

    (3) The following service information was approved for IBR on October 16, 2012 (77 FR 55681, September 11, 2012).

    (i) Boeing 707 Alert Service Bulletin A3515, dated December 19, 2007.

    (ii) Boeing 707 Alert Service Bulletin A3516, dated April 4, 2008.

    (iii) Subject 51-00-00, “Structures-General,” Figure 20, “Electrical Conductivity Measurement for Aluminum,” of Part 6—Eddy Current, of the Boeing 707/720 Nondestructive Test Manual, Document D6-48023, Revision 118, dated July 15, 2011. The revision level of this document is identified on only the manual revision Transmittal Sheet.

    (iv) Subject 51-01-00, “Orientation and Preparation for Testing” of Part 1—General, of the Boeing 707/720 Nondestructive Test Manual, Document D6-48023, Revision 118, dated July 15, 2011. The revision level of this document is identified on only the manual revision Transmittal Sheet.

    (v) Subject 55-10-07, “Horizontal Stabilizer,” of Part 6—Eddy Current, of the Boeing 707/720 Nondestructive Test Manual, Document D6-48023, Revision 118, dated July 15, 2011. The revision level of this document is identified on only the manual revision Transmittal Sheet.

    (4) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, 3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001; telephone 206-544-5000, extension 2; fax 206-766-5683; Internet https://www.myboeingfleet.com.

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

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

    Issued in Renton, Washington, on April 5, 2016. Suzanne Masterson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-08539 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-5194; Airspace Docket No. 15-ACE-6] Establishment of Class E Airspace; Coldwater, KS AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action establishes Class E airspace in Coldwater, KS. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Comanche County Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport. Additionally, to this action corrects the spelling of the airport name to Comanche County Airport, inadvertently misspelled in the proposal.

    DATES:

    Effective 0901 UTC, July 21, 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 on line 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 this material 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:

    Rebecca Shelby, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone: (817) 222-5857.

    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 establishes controlled airspace at Comanche County Airport, Coldwater, KS.

    History

    On February 11, 2016, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to establish Class E Airspace in the Coldwater, KS area. (81 FR 7251) FAA 2015-5194. 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 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 amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E airspace extending upward from 700 feet above the surface within a 7.5-mile radius of Comanche County Airport, Coldwater, KS, to accommodate new standard instrument approach procedures. Controlled airspace is needed for the safety and management of IFR operations at the airport. Additionally, the airport name is corrected from Commanche County Airport to Comanche County Airport.

    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 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 5-6.5. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exists 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 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ACE KS E5 Coldwater, KS [New] Comanche County Airport, KS (Lat. 37°13′22″ N., long. 099°19′55″ W.)

    That airspace extending upward from 700 feet above the surface within a 7.5-mile radius of Comanche County Airport.

    Issued in Fort Worth, TX, on April 12, 2016. Robert W. Beck, Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2016-09158 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-8060; Airspace Docket No. 15-ASW-4] Establishment of Class E Airspace; Moriarty, NM AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action establishes Class E airspace in Moriarty, NM. Controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Moriarty Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (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 on line 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 this material 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:

    Raul Garza, Jr., Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone: (817) 222-5874.

    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 establishes controlled airspace at Moriarty Airport, Moriarty, NM.

    History

    On February 3, 2016, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to establish Class E Airspace in the Moriarty, NM area. (81 FR 5676) FAA-2015-8060. 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 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 amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E airspace extending upward from 700 feet above the surface within a 7.5-mile radius of Moriarty Airport, Moriarty, NM, to accommodate new standard instrument approach procedures. Controlled airspace is needed for the safety and management of IFR operations at the airport.

    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 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 5-6.5. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exists 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 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ASW NM E5 Moriarty, NM [New] Moriarty Airport, NM (Lat. 34°58′41″ N., long. 106°00′00″ W.)

    That airspace extending upward from 700 feet above the surface within a 7.5-mile radius of Moriarty Airport.

    Issued in Fort Worth, TX, on April 6, 2016. Robert W. Beck, Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2016-08758 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-4836; Airspace Docket No. 15-ASW-16] Establishment of Class E Airspace; Danville AR AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action establishes Class E airspace extending upward from 700 feet above the surface at Danville Municipal Airport, Danville, AR, to accommodate new Standard Instrument Approach Procedures (SIAPs) 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 on line 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:

    Rebecca Shelby, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone: 817-222-5857.

    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 establishes Class E airspace at Danville Municipal Airport, Danville AR

    History

    On December 24, 2015, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to establish Class E airspace extending upward from 700 feet above the surface at Danville Municipal Airport, Danville, AR. (80 FR 80301). Docket No. FAA-2015-4836. 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 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.

    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 establishing Class E airspace extending upward from 700 feet above the surface within an 11.0-mile radius of Danville Municipal Airport, Danville, AR, to accommodate new Standard Instrument Approach Procedures for IFR operations at the airport.

    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 exists that warrant preparation of an environmental assessment.

    List 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. ASW AR E5 Danville, AR [New] Danville Municipal Airport, AR (Lat. 35°05′13″ N., long. 093°25′39″ W.)

    That airspace extending upward from 700 feet above the surface within an 11.0-mile radius of Danville Municipal Airport.

    Issued in Fort Worth, TX, on April 5, 2016. Robert W. Beck, Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2016-08765 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31070 Amdt. No. 3690] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

    DATES:

    This rule is effective April 22, 2016. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 22, 2016.

    ADDRESSES:

    Availability of matter incorporated by reference in the amendment is as follows:

    For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001;

    2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

    3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

    4. 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/code_of_federal_regulations/ibr_locations.html.

    Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center online at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

    FOR FURTHER INFORMATION CONTACT:

    Thomas J. Nichols, Flight Procedure Standards Branch (AFS-420) Flight Technologies and Procedures Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125) telephone: (405) 954-4164.

    SUPPLEMENTARY INFORMATION:

    This rule amends Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained on FAA form documents is unnecessary.

    This amendment provides the affected CFR sections, and specifies the SIAPs and Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number.

    Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as listed in the ADDRESSES section.

    The material incorporated by reference describes SIAPs, Takeoff Minimums and ODPs as identified in the amendatory language for part 97 of this final rule.

    The Rule

    This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP and Takeoff Minimums and ODP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.

    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC permanent NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these changes to SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied only to specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts.

    The circumstances that created the need for these SIAP and Takeoff Minimums and ODP amendments require making them effective in less than 30 days.

    Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making these SIAPs effective in less than 30 days.

    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. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, Navigation (air).

    Issued in Washington, DC, on March 25, 2016. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal regulations, Part 97, (14 CFR part 97), is amended by amending Standard Instrument Approach Procedures and Takeoff Minimums and ODPs, effective at 0901 UTC on the dates specified, as follows:

    PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

    2. Part 97 is amended to read as follows:

    By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and § 97.35 COPTER SIAPs, Identified as follows:

    * * *

    Effective Upon Publication
    AIRAC Date State City Airport FDC No. FDC Date Subject 28-Apr-16 WA Spokane Spokane Intl 5/3564 02/29/16 This NOTAM, published in TL 16-09, is hereby rescinded in its entirety. 28-Apr-16 SC Darlington Darlington County Jetport 6/2449 03/07/16 This NOTAM, published in TL 16-09, is hereby rescinded in its entirety. 28-Apr-16 NE Minden Pioneer Village Field 6/2710 02/22/16 This NOTAM, published in TL 16-09, is hereby rescinded in its entirety. 28-Apr-16 MI Menominee Menominee-Marinette Twin County 5/0762 03/14/16 RNAV (GPS) RWY 21, Orig. 28-Apr-16 MI Menominee Menominee-Marinette Twin County 5/0763 03/14/16 VOR-A, Amdt 3. 28-Apr-16 NC Charlotte Charlotte/Douglas Intl 5/6564 03/09/16 RNAV (GPS) Y RWY 18C, Amdt 3B. 28-Apr-16 IN Richmond Richmond Muni 5/7969 03/09/16 ILS OR LOC RWY 24, Amdt 1. 28-Apr-16 IN Richmond Richmond Muni 5/7971 03/09/16 RNAV (GPS) RWY 6, Orig. 28-Apr-16 IN Richmond Richmond Muni 5/7972 03/09/16. RNAV (GPS) RWY 24, Orig. 28-Apr-16 IN Richmond Richmond Muni 5/7977 03/09/16 VOR RWY 6, Amdt 12. 28-Apr-16 IN Richmond Richmond Muni 5/7982 03/09/16 VOR RWY 24, Amdt 13. 28-Apr-16 MO Fulton Elton Hensley Memorial 5/9540 03/10/16 RNAV (GPS) RWY 24, Amdt 1. 28-Apr-16 MO Fulton Elton Hensley Memorial 5/9541 03/10/16 RNAV (GPS) RWY 6, Amdt 1. 28-Apr-16 MO Fulton Elton Hensley Memorial 5/9542 03/10/16 VOR-A, Amdt 4. 28-Apr-16 MO Fulton Elton Hensley Memorial 5/9543 03/10/16 RNAV (GPS) RWY 18, Orig. 28-Apr-16 PA Lehighton Jake Arner Memorial 6/0164 03/14/16 RNAV (GPS) RWY 26, Amdt 1B. 28-Apr-16 PA Lehighton Jake Arner Memorial 6/0165 03/14/16 RNAV (GPS) RWY 8, Amdt 1B. 28-Apr-16 AZ Window Rock Window Rock 6/0461 03/14/16 RNAV (GPS) RWY 2, Amdt 1A. 28-Apr-16 AZ Window Rock Window Rock 6/0462 03/14/16 VOR/DME-A, Orig-C. 28-Apr-16 AZ Window Rock Window Rock 6/0463 03/14/16 RNAV (GPS)-B, Orig-B. 28-Apr-16 NY Poughkeepsie Dutchess County 6/0499 03/17/16 ILS OR LOC RWY 6, Amdt 6B. 28-Apr-16 NY Poughkeepsie Dutchess County 6/0500 03/17/16 RNAV (GPS) RWY 6, Orig-C. 28-Apr-16 NY Poughkeepsie Dutchess County 6/0501 03/17/16 RNAV (GPS) RWY 24, Orig-C. 28-Apr-16 NY Poughkeepsie Dutchess County 6/0502 03/17/16 VOR/DME RWY 24, Amdt 4D. 28-Apr-16 NY Poughkeepsie Dutchess County 6/0503 03/17/16 VOR-A, Amdt 11C. 28-Apr-16 AZ Grand Canyon Grand Canyon National Park 6/0507 03/14/16 ILS OR LOC/DME RWY 3, Orig-B. 28-Apr-16 AZ Grand Canyon Grand Canyon National Park 6/0508 03/14/16 VOR RWY 3, Amdt 5A. 28-Apr-16 NM Santa Teresa Dona Ana County At Santa Teresa 6/1721 03/10/16 Takeoff Minimums and (Obstacle) DP, Orig. 28-Apr-16 TN Portland Portland Muni 6/1908 03/14/16 RNAV (GPS) RWY 19, Orig. 28-Apr-16 TN Portland Portland Muni 6/1910 03/14/16 RNAV (GPS) RWY 1, Orig. 28-Apr-16 IN Greencastle Putnam County Rgnl 6/2287 03/10/16 VOR/DME-A, Amdt 6. 28-Apr-16 IN Greencastle Putnam County Rgnl 6/2288 03/10/16 RNAV (GPS) RWY 18, Amdt 1. 28-Apr-16 IN Greencastle Putnam County Rgnl 6/2289 03/10/16 RNAV (GPS) RWY 36, Amdt 1A. 28-Apr-16 NE Cozad Cozad Muni 6/2707 03/10/16 RNAV (GPS) RWY 13, Amdt 1. 28-Apr-16 NE Cozad Cozad Muni 6/2708 03/10/16 RNAV (GPS) RWY 31, Amdt 1. 28-Apr-16 NE Cozad Cozad Muni 6/2712 03/10/16 VOR RWY 13, Amdt 2. 28-Apr-16 KS Emporia Emporia Muni 6/2726 03/09/16 RNAV (GPS) RWY 1, Orig. 28-Apr-16 KS Emporia Emporia Muni 6/2727 03/09/16 RNAV (GPS) RWY 19, Orig. 28-Apr-16 WI Sturgeon Bay Door County Cherryland 6/3138 03/14/16 RNAV (GPS) RWY 28, Orig. 28-Apr-16 WI Sturgeon Bay Door County Cherryland 6/3142 03/14/16 RNAV (GPS) RWY 20, Amdt 1. 28-Apr-16 WI Sturgeon Bay Door County Cherryland 6/3144 03/14/16 RNAV (GPS) RWY 10, Orig. 28-Apr-16 WI Sturgeon Bay Door County Cherryland 6/3146 03/14/16 RNAV (GPS) RWY 2, Amdt 1A. 28-Apr-16 NY Potsdam Potsdam Muni/Damon Fld/ 6/3300 03/14/16 NDB RWY 24, Amdt 5A. 28-Apr-16 NY Potsdam Potsdam Muni/Damon Fld/ 6/3301 03/14/16 RNAV (GPS) RWY 24, Orig. 28-Apr-16 NC Charlotte Charlotte/Douglas Intl 6/3420 03/09/16 ILS OR LOC RWY 5, Amdt 38. 28-Apr-16 NC Charlotte Charlotte/Douglas Intl 6/3421 03/09/16 ILS OR LOC RWY 18C, Amdt 10C. 28-Apr-16 NC Charlotte Charlotte/Douglas Intl 6/3422 03/09/16 ILS OR LOC RWY 23, Amdt 3B. 28-Apr-16 NC Charlotte Charlotte/Douglas Intl 6/3423 03/09/16 ILS OR LOC RWY 36C, Amdt 16B. 28-Apr-16 NC Charlotte Charlotte/Douglas Intl 6/3424 03/09/16 RNAV (GPS) Y RWY 5, Amdt 3. 28-Apr-16 NC Charlotte Charlotte/Douglas Intl 6/3425 03/09/16 RNAV (GPS) Y RWY 23, Amdt 1. 28-Apr-16 NC Charlotte Charlotte/Douglas Intl 6/3426 03/09/16 RNAV (GPS) Y RWY 36C, Amdt 3B. 28-Apr-16 MN Minneapolis Minneapolis-St Paul Intl/Wold-Chamberlain 6/3719 03/14/16 ILS V RWY 30R (Converging), Amdt 3A. 28-Apr-16 KS Emporia Emporia Muni 6/3792 03/09/16 VOR-A, Amdt 14. 28-Apr-16 OR Medford Rogue Valley Intl—Medford 6/3825 03/10/16 Takeoff Minimums and (Obstacle) DP, Amdt 10. 28-Apr-16 OH Wooster Wayne County 6/4046 03/10/16 VOR RWY 28, Orig-C. 28-Apr-16 OH Wooster Wayne County 6/4048 03/10/16 RNAV (GPS) RWY 28, Orig. 28-Apr-16 TX Marshall Harrison County 6/4051 03/14/16 RNAV (GPS) RWY 33, Orig-A. 28-Apr-16 TX Marshall Harrison County 6/4052 03/14/16 RNAV (GPS) RWY 15, Orig-A. 28-Apr-16 TX Marshall Harrison County 6/4053 03/14/16 VOR/DME-A, Amdt 4D. 28-Apr-16 MT Dillon Dillon 6/4502 03/09/16 VOR-A, Amdt 8. 28-Apr-16 MT Dillon Dillon 6/4503 03/09/16 VOR/DME-B, Amdt 2. 28-Apr-16 MT Dillon Dillon 6/4506 03/09/16 RNAV (GPS) RWY 17, Amdt 1A. 28-Apr-16 GA Columbus Columbus 6/4743 03/14/16 RNAV (GPS) RWY 13, Orig-A. 28-Apr-16 GA Columbus Columbus 6/4744 03/14/16 ILS OR LOC RWY 6, Amdt 25B. 28-Apr-16 GA Columbus Columbus 6/4749 03/14/16 RNAV (GPS) RWY 24, Orig-A. 28-Apr-16 NY Syracuse Syracuse Hancock Intl 6/4922 03/14/16 TACAN RWY 33, Orig-A. 28-Apr-16 NY Syracuse Syracuse Hancock Intl 6/4923 03/14/16 ILS OR LOC RWY 10, Amdt 13. 28-Apr-16 NY Syracuse Syracuse Hancock Intl 6/4924 03/14/16 VOR RWY 15, Amdt 23A. 28-Apr-16 NY Syracuse Syracuse Hancock Intl 6/4925 03/14/16 ILS OR LOC RWY 28, ILS RWY 28 (SA CAT I), ILS RWY 28 (CAT II), Amdt 34A. 28-Apr-16 VT Bennington William H Morse State 6/4995 03/14/16 VOR RWY 13, Amdt 1A. 28-Apr-16 SC Darlington Darlington County Jetport 6/5046 03/14/16 NDB RWY 23, Amdt 1. 28-Apr-16 LA Houma Houma-Terrebonne 6/5719 03/14/16 ILS OR LOC RWY 18, Amdt 4. 28-Apr-16 ND Grand Forks Grand Forks Intl 6/5851 03/14/16 ILS OR LOC RWY 35L, Amdt 12. 28-Apr-16 ND Grand Forks Grand Forks Intl 6/5852 03/14/16 RNAV (GPS) RWY 35L, Orig. 28-Apr-16 ND Grand Forks Grand Forks Intl 6/5853 03/14/16 VOR RWY 35L, Amdt 7. 28-Apr-16 MN Minneapolis Minneapolis-St Paul Intl/Wold-Chamberlain 6/5959 03/14/16 ILS V RWY 30L (Converging), Amdt 2. 28-Apr-16 MN Minneapolis Minneapolis-St Paul Intl/Wold-Chamberlain 6/5960 03/14/16 RNAV (GPS) Z RWY 30L, Amdt 4. 28-Apr-16 MN Minneapolis Minneapolis-St Paul Intl/Wold-Chamberlain 6/5961 03/14/16 ILS V RWY 35 (Converging), Amdt 4. 28-Apr-16 TN Dickson Dickson Muni 6/6275 03/14/16 NDB RWY 17, Amdt 2D. 28-Apr-16 TN Dickson Dickson Muni 6/6276 03/14/16 VOR/DME RWY 17, Amdt 4E. 28-Apr-16 NC New Bern Coastal Carolina Regional 6/6301 03/10/16 RNAV (GPS) RWY 4, Amdt 1. 28-Apr-16 WV Bluefield Mercer County 6/6304 03/14/16 ILS OR LOC RWY 23, Amdt 15A. 28-Apr-16 WV Bluefield Mercer County 6/6305 03/14/16 VOR/DME RWY 23, Amdt 5A. 28-Apr-16 WV Bluefield Mercer County 6/6306 03/14/16 RNAV (GPS) RWY 23, Orig-A. 28-Apr-16 TN Nashville John C Tune 6/6369 03/14/16 ILS OR LOC/DME RWY 20, Amdt 2. 28-Apr-16 MN Minneapolis Minneapolis-St Paul Intl/Wold-Chamberlain 6/6424 03/14/16 ILS Z OR LOC RWY 30R, Amdt 15. 28-Apr-16 MN Minneapolis Minneapolis-St Paul Intl/Wold-Chamberlain 6/6426 03/14/16 RNAV (GPS) Z RWY 30R, Amdt 3. 28-Apr-16 TX Seymour Seymour Muni 6/6437 03/09/16 GPS RWY 17, Orig. 28-Apr-16 VA Newport News Newport News/Williamsburg Intl 6/6676 03/10/16 RNAV (GPS) RWY 25, Amdt 2A. 28-Apr-16 VA Newport News Newport News/Williamsburg Intl 6/6679 03/10/16 ILS OR LOC RWY 25, Amdt 1B. 28-Apr-16 MT Butte Bert Mooney 6/6791 03/14/16 LOC/DME RWY 15, Amdt 7. 28-Apr-16 AZ Grand Canyon Grand Canyon National Park 6/7427 03/14/16 RNAV (GPS) RWY 3, Orig-A. 28-Apr-16 MA Taunton Taunton Muni—King Field 6/7777 03/14/16 NDB RWY 30, Amdt 5A. 28-Apr-16 MA Taunton Taunton Muni—King Field 6/7778 03/14/16 RNAV (GPS) RWY 30, Orig-A. 28-Apr-16 WI Viroqua Viroqua Muni 6/7802 03/10/16 RNAV (GPS) RWY 29, Orig-A. 28-Apr-16 WA Spokane Spokane Intl 6/8435 03/22/16 RNAV (RNP) Z RWY 7, Orig. 28-Apr-16 OH Wooster Wayne County 6/8706 03/22/16 VOR RWY 10, Amdt 1. 28-Apr-16 MN Minneapolis Minneapolis-St Paul Intl/Wold-Chamberlain 6/8908 03/14/16 ILS Z OR LOC RWY 30L, ILS Z RWY 30 L (CAT II), Amdt 46A. 28-Apr-16 MT Deer Lodge Deer Lodge-City-County 6/9524 03/14/16 RNAV (GPS)-A, Orig. 28-Apr-16 CA Los Angeles Los Angeles Intl 6/9824 03/17/16 RNAV (RNP) Z RWY 6L, Orig-C.
    [FR Doc. 2016-08753 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31072 Amdt. No. 3692] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

    DATES:

    This rule is effective April 22, 2016. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 22, 2016.

    ADDRESSES:

    Availability of matter incorporated by reference in the amendment is as follows:

    For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001;

    2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

    3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

    4. 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/code_of_federal_regulations/ibr_locations.html.

    Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center online at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

    FOR FURTHER INFORMATION CONTACT:

    Thomas J. Nichols, Flight Procedure Standards Branch (AFS-420) Flight Technologies and Procedures Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125) telephone: (405) 954-4164.

    SUPPLEMENTARY INFORMATION:

    This rule amends Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained on FAA form documents is unnecessary.

    This amendment provides the affected CFR sections, and specifies the SIAPs and Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number.

    Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as listed in the ADDRESSES section.

    The material incorporated by reference describes SIAPs, Takeoff Minimums and ODPs as identified in the amendatory language for part 97 of this final rule.

    The Rule

    This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP and Takeoff Minimums and ODP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.

    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC permanent NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these changes to SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied only to specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts.

    The circumstances that created the need for these SIAP and Takeoff Minimums and ODP amendments require making them effective in less than 30 days.

    Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making these SIAPs effective in less than 30 days.

    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. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, Navigation (air).

    Issued in Washington, DC, on April 8, 2016. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal regulations, Part 97, (14 CFR part 97), is amended by amending Standard Instrument Approach Procedures and Takeoff Minimums and ODPs, effective at 0901 UTC on the dates specified, as follows:

    PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

    2. Part 97 is amended to read as follows:
    §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [AMENDED]

    By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and § 97.35 COPTER SIAPs, Identified as follows:

    * * * Effective Upon Publication AIRAC date State City Airport FDC No. FDC date Subject 28-Apr-16 IN Richmond Richmond Muni 5/7982 03/09/16 This NOTAM, published in TL 16-10, is hereby rescinded in its entirety. 26-May-16 HI Kapolei Kalaeloa (John Rodgers Field) 5/0254 03/23/16 RNAV (GPS) RWY 4R, Orig. 26-May-16 IA Spencer Spencer Muni 5/1841 03/23/16 RNAV (GPS) RWY 30, Amdt 1A. 26-May-16 AK Akhiok Akhiok 5/3029 03/23/16 RNAV (GPS)-A, Orig-A. 26-May-16 TX Liberty Liberty Muni 5/3389 03/29/16 VOR-A, Amdt 5A. 26-May-16 TX Beeville Beeville Muni 5/8357 03/23/16 Takeoff Minimums and (Obstacle) DP, Orig. 26-May-16 AK Anvik Anvik 5/9205 03/23/16 RNAV (GPS) RWY 35, Orig. 26-May-16 AK Anvik Anvik 5/9206 03/23/16 RNAV (GPS) RWY 17, Orig. 26-May-16 ID Bonners Ferry Boundary County 5/9411 03/23/16 RNAV (GPS) RWY 2, Orig-C. 26-May-16 OH Bowling Green Wood County 5/9847 03/29/16 RNAV (GPS) RWY 10, Orig-B. 26-May-16 OH Bowling Green Wood County 5/9848 03/29/16 RNAV (GPS) RWY 18, Orig-A. 26-May-16 OH Bowling Green Wood County 5/9849 03/29/16 RNAV (GPS) RWY 28, Orig-A. 26-May-16 OH Bowling Green Wood County 5/9850 03/29/16 VOR RWY 18, Amdt 13. 26-May-16 OH Bowling Green Wood County 5/9851 03/29/16 RNAV (GPS) RWY 36, Orig-A. 26-May-16 GA Nashville Berrien Co 6/0127 04/01/16 RNAV GPS RWY 28, Orig. 26-May-16 GA Nashville Berrien Co 6/0128 04/01/16 RNAV (GPS) RWY 10, Orig. 26-May-16 MD Baltimore Baltimore/Washington Intl Thurgood Marshall 6/0159 03/29/16 RNAV (GPS) RWY 15L, Amdt 4. 26-May-16 MT Polson Polson 6/0247 03/28/16 RNAV (GPS) RWY 36, Orig-A. 26-May-16 MT Polson Polson 6/0248 03/28/16 RNAV (GPS) RWY 18, Orig-C. 26-May-16 KS Anthony Anthony Muni 6/0845 03/28/16 RNAV (GPS) RWY 36, Orig. 26-May-16 TX Terrell Terrell Muni 6/0884 04/01/16 RNAV (GPS) RWY 17, Orig. 26-May-16 TX Terrell Terrell Muni 6/0885 04/01/16 RNAV (GPS) RWY 35, Orig. 26-May-16 AK Koyuk Koyuk Alfred Adams 6/0907 03/23/16 RNAV (GPS) RWY 1, Orig. 26-May-16 AK Koyuk Koyuk Alfred Adams 6/0908 03/23/16 NDB RWY 1, Amdt 1B. 26-May-16 MT Havre Havre City-County 6/1154 03/28/16 VOR RWY 8, Amdt 7. 26-May-16 FL Crystal River Crystal River-Captain Tom Davis Fld 6/1227 04/01/16 RNAV (GPS) RWY 9, Amdt 1B. 26-May-16 CT Windsor Locks Bradley Intl 6/1230 04/01/16 ILS OR LOC RWY 33, Amdt 10A. 26-May-16 CT Windsor Locks Bradley Intl 6/1232 04/01/16 RNAV (GPS) RWY 33, Amdt 2B. 26-May-16 GA Athens Athens/Ben Epps 6/1625 04/01/16 VOR RWY 27, Amdt 13. 26-May-16 GA Athens Athens/Ben Epps 6/1631 04/01/16 ILS OR LOC/DME RWY 27, Amdt 2. 26-May-16 KS Russell Russell Muni 6/1658 03/28/16 RNAV (GPS) RWY 35, Orig. 26-May-16 KS Russell Russell Muni 6/1659 03/28/16 VOR/DME-A, Amdt 5. 26-May-16 KY Frankfort Capital City 6/1914 04/01/16 RNAV (GPS) RWY 25, Amdt 4. 26-May-16 ME Greenville Greenville 6/1917 04/01/16 RNAV (GPS)-B, Orig. 26-May-16 VT West Dover Deerfield Valley Rgnl 6/2148 04/01/16 RNAV (GPS) RWY 1, Orig. 26-May-16 CA Jackson Westover Field Amador County 6/2261 04/01/16 GPS RWY 1, Orig-A. 26-May-16 CA Jackson Westover Field Amador County 6/2262 04/01/16 VOR/DME RWY 1, Amdt 1A. 26-May-16 TX San Antonio Stinson Muni 6/2338 03/23/16 RNAV (GPS) RWY 32, Orig. 26-May-16 TX San Antonio Stinson Muni 6/2340 03/23/16 VOR RWY 32, Amdt 14. 26-May-16 NC Rocky Mount Rocky Mount-Wilson Rgnl 6/2430 04/01/16 ILS OR LOC RWY 4, Amdt 16A. 26-May-16 NE Mc Cook Mc Cook Ben Nelson Rgnl 6/2575 03/23/16 RNAV (GPS) RWY 12, Amdt 1. 26-May-16 NE Mc Cook Mc Cook Ben Nelson Rgnl 6/2576 03/23/16 ILS OR LOC/DME RWY 12, Orig. 26-May-16 NE Mc Cook Mc Cook Ben Nelson Rgnl 6/2577 03/23/16 RNAV (GPS) RWY 22, Orig-C. 26-May-16 NE Mc Cook Mc Cook Ben Nelson Rgnl 6/2578 03/23/16 RNAV (GPS) RWY 30, Orig-B. 26-May-16 NE Mc Cook Mc Cook Ben Nelson Rgnl 6/2581 03/23/16 VOR RWY 30, Amdt 11A. 26-May-16 MN Ortonville Ortonville Muni-Martinson Field 6/2941 04/01/16 NDB RWY 34, Amdt 2A. 26-May-16 MS West Point Mccharen Field 6/3601 04/01/16 VOR/DME-B, Amdt 5A. 26-May-16 MD Baltimore Martin State 6/3881 04/01/16 LOC RWY 15, Amdt 3A. 26-May-16 OR Newport Newport Muni 6/3922 04/01/16 VOR/DME RWY 34, Amdt 1B. 26-May-16 LA Patterson Harry P Williams Memorial 6/3945 04/01/16 ILS OR LOC/DME RWY 24, Amdt 2C. 26-May-16 MA New Bedford New Bedford Rgnl 6/4544 03/29/16 RNAV (GPS) RWY 32, Orig-A. 26-May-16 MA New Bedford New Bedford Rgnl 6/4545 03/29/16 RNAV (GPS) RWY 14, Orig-A. 26-May-16 AR Russellville Russellville Rgnl 6/4624 04/01/16 RNAV (GPS) RWY 25, Orig-A. 26-May-16 SC Aiken Aiken Muni 6/4688 04/01/16 RNAV (GPS) RWY 7, Amdt 1B. 26-May-16 SC Aiken Aiken Muni 6/4693 04/01/16 RNAV (GPS) RWY 25, Amdt 1B. 26-May-16 SC Aiken Aiken Muni 6/4695 04/01/16 NDB RWY 25, Amdt 10B. 26-May-16 CA Fortuna Rohnerville 6/4907 04/01/16 VOR RWY 11, Amdt 3. 26-May-16 CA Fortuna Rohnerville 6/4909 04/01/16 GPS RWY 11, Orig. 26-May-16 CA Fortuna Rohnerville 6/4911 04/01/16 GPS RWY 29, Orig. 26-May-16 MA Hyannis Barnstable Muni-Boardman/Polando Field 6/6280 04/01/16 RNAV (GPS) RWY 33, Orig-A. 26-May-16 NJ West Milford Greenwood Lake 6/6364 04/01/16 RNAV (GPS) RWY 6, Amdt 1A. 26-May-16 NJ West Milford Greenwood Lake 6/6365 04/01/16 RNAV (GPS) RWY 24, Orig-A. 26-May-16 MO Lamar Lamar Muni 6/6409 03/23/16 RNAV (GPS) RWY 17, Orig. 26-May-16 MO Lamar Lamar Muni 6/6410 03/23/16 RNAV (GPS) RWY 35, Orig. 26-May-16 NC Salisbury Rowan County 6/6984 03/29/16 RNAV (GPS) RWY 2, Amdt 1. 26-May-16 NC Salisbury Rowan County 6/6985 03/29/16 ILS OR LOC RWY 20, Amdt 1. 26-May-16 NC Salisbury Rowan County 6/6986 03/29/16 RNAV (GPS) RWY 20, Amdt 1. 26-May-16 NC Salisbury Rowan County 6/6988 03/29/16 NDB RWY 20, Amdt 1. 26-May-16 AL Clayton Clayton Muni 6/7091 04/01/16 RNAV (GPS) RWY 27, Amdt 1. 26-May-16 AL Clayton Clayton Muni 6/7092 04/01/16 RNAV (GPS) RWY 9, Orig. 26-May-16 IN Marion Marion Muni 6/7308 03/23/16 RNAV (GPS) RWY 4, Orig-A. 26-May-16 IN Marion Marion Muni 6/7309 03/23/16 VOR RWY 4, Amdt 13B. 26-May-16 IN Marion Marion Muni 6/7310 03/23/16 ILS OR LOC RWY 4, Amdt 7B. 26-May-16 IN Marion Marion Muni 6/7311 03/23/16 RNAV (GPS) RWY 15, Orig-B. 26-May-16 IN Marion Marion Muni 6/7312 03/23/16 RNAV (GPS) RWY 33, Orig-B. 26-May-16 IN Marion Marion Muni 6/7313 03/23/16 VOR RWY 15, Amdt 10C. 26-May-16 IN Marion Marion Muni 6/7314 03/23/16 VOR RWY 22, Amdt 16. 26-May-16 IN Marion Marion Muni 6/7315 03/23/16 RNAV (GPS) RWY 22, Orig-A. 26-May-16 SD Watertown Watertown Rgnl 6/7373 03/23/16 Takeoff Minimums and (Obstacle) DP, Orig. 26-May-16 VT Lyndonville Caledonia County 6/7436 04/01/16 RNAV (GPS) RWY 2, Orig-B. 26-May-16 WV Wheeling Wheeling Ohio Co 6/7684 04/01/16 RNAV (GPS) RWY 34, Orig. 26-May-16 KY Princeton Princeton-Caldwell County 6/7783 04/01/16 RNAV (GPS) RWY 5, Orig. 26-May-16 KY Princeton Princeton-Caldwell County 6/7784 04/01/16 RNAV (GPS) RWY 23, Orig. 26-May-16 OR Lakeview Lake County 6/8140 03/28/16 VOR/DME-A, Orig. 26-May-16 GA Mc Rae Telfair-Wheeler 6/8276 04/01/16 RNAV (GPS) RWY 21, Amdt 1. 26-May-16 IN Peru Peru Muni 6/8282 03/29/16 VOR RWY 1, Amdt 8. 26-May-16 IN Peru Peru Muni 6/8285 03/29/16 RNAV (GPS) RWY 1, Orig. 26-May-16 MD Baltimore Baltimore/Washington Intl Thurgood Marshall 6/8406 03/29/16 RNAV (GPS) RWY 33 R, Amdt 4. 26-May-16 TX Panhandle Panhandle-Carson County 6/8926 03/29/16 RNAV (GPS) RWY 17, Orig-A. 26-May-16 TN Sevierville Gatlinburg-Pigeon Forge 6/9200 03/29/16 Takeoff Minimums and (Obstacle) DP, Amdt 4.
    [FR Doc. 2016-08756 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31071; Amdt. No. 3691] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

    DATES:

    This rule is effective April 22, 2016. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 22, 2016.

    ADDRESSES:

    Availability of matters incorporated by reference in the amendment is as follows:

    For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001.

    2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

    3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

    4. 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/code_of_federal_regulations/ibr_locations.html.

    Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

    FOR FURTHER INFORMATION CONTACT:

    Thomas J. Nichols, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Divisions, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) Telephone: (405) 954-4164.

    SUPPLEMENTARY INFORMATION:

    This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part § 97.20. The applicable FAA forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A.

    The large number of SIAPs, Takeoff Minimums and ODPs, their complex nature, and the need for a special format make publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA form documents is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAPs, Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure, and the amendment number.

    Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as listed in the ADDRESSES section.

    The material incorporated by reference describes SIAPS, Takeoff Minimums and/or ODPS as identified in the amendatory language for part 97 of this final rule.

    The Rule

    This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as Amended in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center (FDC) Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts.

    The circumstances that created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided.

    Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making some SIAPs effective in less than 30 days.

    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. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR part 97:

    Air traffic control, Airports, Incorporation by reference, Navigation (air).

    Issued in Washington, DC on April 8, 2016. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows:

    PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

    2. Part 97 is amended to read as follows: Effective 26 MAY 2016 Cottonwood, AZ, Cottonwood, MINGY ONE, Graphic DP Bakersfield, CA, Meadows Field, Takeoff Minimums and Obstacle DP, Amdt 3 Fresno, CA, Fresno Yosemite Intl, Takeoff Minimums and Obstacle DP, Amdt 8A Long Beach, CA, Long Beach/Daugherty Field/, Takeoff Minimums and Obstacle DP, Amdt 6 Colorado Springs, CO, City Of Colorado Springs Muni, ILS OR LOC RWY 17L, ILS RWY 17L (SA CAT I), ILS RWY 17L (CAT II), Amdt 3 Colorado Springs, CO, City Of Colorado Springs Muni, ILS OR LOC RWY 35L, Amdt 38 Colorado Springs, CO, City Of Colorado Springs Muni, ILS OR LOC RWY 35R, Amdt 2 Colorado Springs, CO, City Of Colorado Springs Muni, NDB RWY 35L, Amdt 27 Colorado Springs, CO, City Of Colorado Springs Muni, RNAV (GPS) RWY 31, Amdt 2 Colorado Springs, CO, City Of Colorado Springs Muni, RNAV (GPS) Y RWY 17L, Amdt 3 Colorado Springs, CO, City Of Colorado Springs Muni, RNAV (GPS) Y RWY 17R, Amdt 3 Colorado Springs, CO, City Of Colorado Springs Muni, RNAV (GPS) Y RWY 35L, Amdt 1 Colorado Springs, CO, City Of Colorado Springs Muni, RNAV (GPS) Y RWY 35R, Amdt 4 Colorado Springs, CO, City Of Colorado Springs Muni, RNAV (RNP) Z RWY 17L, Amdt 2 Colorado Springs, CO, City Of Colorado Springs Muni, RNAV (RNP) Z RWY 17R, Amdt 1 Colorado Springs, CO, City Of Colorado Springs Muni, RNAV (RNP) Z RWY 35L, Amdt 1 Colorado Springs, CO, City Of Colorado Springs Muni, RNAV (RNP) Z RWY 35R, Amdt 1 Colorado Springs, CO, City Of Colorado Springs Muni, Takeoff Minimums and Obstacle DP, Amdt 12 Pueblo, CO, Pueblo Memorial, ILS OR LOC RWY 8R, Amdt 1 Pueblo, CO, Pueblo Memorial, ILS OR LOC RWY 26L, Amdt 1 Pueblo, CO, Pueblo Memorial, RNAV (GPS) RWY 8R, Amdt 1 Pueblo, CO, Pueblo Memorial, RNAV (GPS) RWY 26L, Amdt 1 Pueblo, CO, Pueblo Memorial, Takeoff Minimums and Obstacle DP, Amdt 7 Pueblo, CO, Pueblo Memorial, VOR RWY 26L, Amdt 1 Athens, GA, Athens/Ben Epps, RNAV (GPS) RWY 27, Amdt 1A Kahului, HI, Kahului, RNAV (GPS) RWY 20, Amdt 1 Fairfield, IA, Fairfield Muni, NDB RWY 36, Amdt 9A, CANCELED Battle Creek, MI, W K Kellogg, VOR RWY 23R, Amdt 18, CANCELED Saginaw, MI, MBS Intl, RADAR 1, Amdt 9, CANCELED Hettinger, ND, Hettinger Muni, RNAV (GPS) RWY 12, Orig Hettinger, ND, Hettinger Muni, RNAV (GPS) RWY 30, Amdt 1 Blair, NE., Blair Muni, RNAV (GPS) RWY 13, Amdt 1 Blair, NE., Blair Muni, RNAV (GPS) RWY 31, Amdt 1 Norman, OK, University of Oklahoma Westheimer, Takeoff Minimums and Obstacle DP, Amdt 1A Klamath Falls, OR, Crater Lake-Klamath Rgnl, Takeoff Minimums and Obstacle DP, Amdt 5A Bradford, PA, Bradford Rgnl, ILS OR LOC RWY 32, Amdt 12C Bradford, PA, Bradford Rgnl, RNAV (GPS) RWY 14, Amdt 1C Bradford, PA, Bradford Rgnl, RNAV (GPS) RWY 32, Amdt 1D Wellsboro, PA, Wellsboro Johnston, Takeoff Minimums and Obstacle DP, Amdt 3A Providence, RI, Theodore Francis Green State, ILS OR LOC RWY 23, ILS RWY 23 (SA CAT I), ILS RWY 23 (SA CAT II), Amdt 7 Providence, RI, Theodore Francis Green State, RNAV (GPS) Y RWY 23, Amdt 2 Aiken, SC, Aiken Muni, VOR/DME-A, Amdt 1A, CANCELED Rhinelander, WI, Rhinelander-Oneida County, VOR RWY 9, Amdt 4E, CANCELED Beckley, WV, Raleigh County Memorial, VOR RWY 19, Amdt 4, CANCELED Bluefield, WV, Mercer County, VOR RWY 23, Amdt 9A, CANCELED
    [FR Doc. 2016-08754 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31069; Amdt. No. 3689] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

    DATES:

    This rule is effective April 22, 2016. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 22, 2016.

    ADDRESSES:

    Availability of matters incorporated by reference in the amendment is as follows:

    For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001.

    2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

    3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

    4. 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/code_of_federal_regulations/ibr_locations.html.

    Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

    FOR FURTHER INFORMATION CONTACT:

    Thomas J. Nichols, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Divisions, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) Telephone: (405) 954-4164.

    SUPPLEMENTARY INFORMATION:

    This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A.

    The large number of SIAPs, Takeoff Minimums and ODPs, their complex nature, and the need for a special format make publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA form documents is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAPs, Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure, and the amendment number.

    Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as listed in the ADDRESSES section.

    The material incorporated by reference describes SIAPS, Takeoff Minimums and/or ODPS as identified in the amendatory language for part 97 of this final rule.

    The Rule

    This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as Amended in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center (FDC) Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts.

    The circumstances that created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided.

    Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making some SIAPs effective in less than 30 days.

    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. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, Navigation (air).

    Issued in Washington, DC, on March 25, 2016. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows:

    PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

    2. Part 97 is amended to read as follows: Effective 28 April 2016 Birmingham, AL, Birmingham-Shuttlesworth Intl, ILS OR LOC/DME RWY 24, Amdt 3 Birmingham, AL, Birmingham-Shuttlesworth Intl, RNAV (GPS) Y RWY 24, Amdt 3 Birmingham, AL, Birmingham-Shuttlesworth Intl, RNAV (RNP) Z RWY 24, Amdt 1 Patterson, LA, Harry P Williams Memorial, NDB RWY 6, Amdt 11B, CANCELED Glens Falls, NY, Floyd Bennett Memorial, ILS OR LOC RWY 1, Amdt 5 Coshocton, OH, Richard Downing, GPS RWY 22, Orig-A, CANCELED Coshocton, OH, Richard Downing, RNAV (GPS) RWY 22, Orig Coshocton, OH, Richard Downing, VOR-A, Amdt 10 Effective 26 May 2016 South Naknek, AK, South Naknek NR 2, RNAV (GPS) RWY 13, Orig South Naknek, AK, South Naknek NR 2, RNAV (GPS) RWY 31, Orig South Naknek, AK, South Naknek NR 2, Takeoff Minimums and Obstacle DP, Orig Selma, AL, Craig field, NDB RWY 33, Amdt 5, CANCELED Cottonwood, AZ, Cottonwood, RNAV (GPS) RWY 32, Orig Cottonwood, AZ, Cottonwood, Takeoff Minimums and Obstacle DP, Orig Burbank, CA, Bob Hope, GPS-A, Orig-B, CANCELED Burbank, CA, Bob Hope, ILS Y OR LOC Y RWY 8, Amdt 5 Burbank, CA, Bob Hope, ILS Z OR LOC Z RWY 8, Amdt 38 Burbank, CA, Bob Hope, RNAV (GPS)-A, Orig Burbank, CA, Bob Hope, RNAV (GPS) Z RWY 8, Amdt 1 Burbank, CA, Bob Hope, RNAV (RNP) Y RWY 8, Amdt 1 Burbank, CA, Bob Hope, RNAV (RNP) Z RWY 8, Amdt 1A, CANCELED Burbank, CA, Bob Hope, VOR RWY 8, Amdt 12 Boise, ID, Boise Air Terminal/Gowen Fld, GOWEN TWO, Graphic DP Indian Head, MD, Maryland, RNAV (GPS) RWY 2, Amdt 1 Bay St Louis, MS, Stennis Intl, ILS Y OR LOC Y RWY 18, Orig Bay St Louis, MS, Stennis Intl, ILS Z OR LOC Z RWY 18, Amdt 2 Bay St Louis, MS, Stennis Intl, NDB RWY 18, Amdt 2 Bay St Louis, MS, Stennis Intl, RNAV (GPS) RWY 18, Amdt 2 Bay St Louis, MS, Stennis Intl, RNAV (GPS) RWY 36, Amdt 3 Cambridge, NE, Cambridge Muni, NDB RWY 15, Amdt 4 Cambridge, NE, Cambridge Muni, RNAV (GPS) RWY 15, Amdt 1 Cambridge, NE, Cambridge Muni, RNAV (GPS) RWY 33, Amdt 1 Cambridge, NE, Cambridge Muni, Takeoff Minimums and Obstacle DP, Orig Bennington, VT, William H Morse State, RNAV (GPS) RWY 13, Orig-D
    [FR Doc. 2016-08751 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
    OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE 32 CFR Part 1704 Mandatory Declassification Review Program AGENCY:

    Office of the Director of National Intelligence.

    ACTION:

    Direct final rule; withdrawal.

    SUMMARY:

    The Office of the Director of National Intelligence (ODNI) is withdrawing a direct final rule that would have provided procedures for members of the public to request from ODNI a Mandatory Declassification Review (MDR) of information classified under the provisions of Executive Order 13526 or predecessor orders such that the agency may retrieve it with reasonable effort.

    DATES:

    As of April 22, 2016, the direct final rule published on February 26, 2016, at 81 FR 9768, is withdrawn.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer L. Hudson, 703-874-8085.

    SUPPLEMENTARY INFORMATION:

    On February 26, 2016, the ODNI published a direct final rule providing procedures for members of the public to request from ODNI an MDR of information classified under the provisions of Executive Order 13526 or predecessor orders such that the agency may retrieve it with reasonable effort. The purpose of this rule was to assist in implementing specific sections of Executive Order 13526 concerning the MDR. In response to this direct final rule, ODNI received comments regarding the fee provisions stated in Section 1704.8 and the recommendation that those provisions be withdrawn and replaced with fee provisions comparable to those in ODNI's Freedom of Information Act program (32 CFR 1700.6). ODNI agrees and therefore is withdrawing its direct final rule. It will simultaneously issue a new direct final rule and a proposed rule reflecting that recommendation.

    Dated: April 12, 2016. Mark W. Ewing, Chief Management Officer.
    [FR Doc. 2016-09253 Filed 4-21-16; 8:45 am] BILLING CODE 9500-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2013-0327] Special Local Regulation; Regattas and Marine Parades in the COTP Lake Michigan Zone—Chinatown Chamber of Commerce Dragon Boat Race, Chicago, IL AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of enforcement of regulation.

    SUMMARY:

    The Coast Guard will enforce the special local regulation on the South Branch of the Chicago River for the Chinatown Chamber of Commerce Dragon Boat Race in Chicago, Illinois. This regulated area will be enforced from 8 a.m. until 5 p.m. on June 25, 2016. This action is necessary and intended to ensure safety of life and property on navigable waters prior to, during, and immediately after the Dragon Boat race. During the enforcement period, no vessel may enter, transit through, or anchor within the regulated area without the approval from the Captain of the Port or a designated representative.

    DATES:

    The regulation in 33 CFR 100.909 will be enforced from 8 a.m. until 5 p.m. on June 25, 2016.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this notice of enforcement, call or email LT Lindsay Cook, Waterways Management Division, Marine Safety Unit Chicago, at 630-986-2155, email address [email protected]

    SUPPLEMENTARY INFORMATION:

    The Coast Guard will enforce a special local regulation in 33 CFR 100.909 from 8 a.m. until 5 p.m. on June 25, 2016, for the Chinatown Chamber of Commerce Dragon Boat Race. This action is being taken to provide for the safety of life on a navigable waterway during the regatta. Our regulation for the Recurring Marine Events in Captain of the Port Lake Michigan Zone, § 100.909, specifies the location of the regulated area as all waters of the South Branch of the Chicago River from the West 18th St. Bridge at position 41°51′28″ N., 087°38′06″ W. to the Amtrak Bridge at position 41°51′20″ N., 087°38′13″ W. (NAD 83). During the enforcement period, no vessel may transit this regulated area without approval from the Captain of the Port Lake Michigan or a designated representative.

    Vessels that obtain prior approval to transit the regulated area are required to operate at a no wake speed to reduce wake to a minimum, and in a manner which will not endanger participants in the event or any other craft. These rules shall not apply to participants in the event or vessels of the patrol operating in the performance of their assigned duties. The Captain of the Port or a designated representative may direct the anchoring, mooring, or movement of any boat or vessel within the regulated area.

    This notice of enforcement is issued under authority of 33 CFR 100.909, Chinatown Chamber of Commerce Dragon Boat Race; Chicago, IL and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with advance notification of the enforcement of this special local regulation via Broadcast Notice to Mariners and Local Notice to Mariners. The Captain of the Port Lake Michigan, or a designated on-scene representative may be contacted via Channel 16, VHF-FM.

    Dated: April 12, 2016. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
    [FR Doc. 2016-09411 Filed 4-21-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 100 and 165 [Docket Number USCG-2015-0854] RIN 1625-AA00, AA08 Special Local Regulations and Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District AGENCY:

    Coast Guard, DHS.

    ACTION:

    Interim final rule; request for comments.

    SUMMARY:

    The Coast Guard is amending the regulations established for recurring marine events and fireworks displays that take place within the Fifth Coast Guard District area of responsibility. This interim rule revises the listing of events that informs the public of regularly scheduled marine parades, regattas, other organized water events, and fireworks displays that require additional safety measures provided by regulations. Through this rule, the list of recurring marine events requiring special local regulations or safety zones is updated with revisions, additional events, and removal of events that no longer take place in the Fifth Coast Guard District. When these regulations are enforced, certain restrictions are placed on marine traffic in specified areas. This rulemaking project promotes efficiency by eliminating the need to produce a separate rule for each individual recurring event, and serves to provide notice of the known recurring events requiring a special local regulation or safety zone throughout the year. We invite your comments on this rulemaking.

    DATES:

    This rule is effective without actual notice from April 22, 2016. For the purposes of enforcement, actual notice will be used from the date the rule was signed, April 5, 2016, until April 22, 2016. Comments and related material must be received by the Coast Guard on or before July 21, 2016.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2015-0854 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this rulemaking, call or email Dennis Sens, Fifth Coast Guard District, Prevention Division, (757) 398-6204, [email protected]

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

    The special local regulations listed in 33 CFR 100.501 and safety zones in 33 CFR 165.506 were last amended on April 16, 2015, (80 FR 20418). The Coast Guard is issuing this interim final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.”

    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because immediate action is necessary to protect the maritime public during certain marine events. The potential dangers posed by certain marine events and fireworks displays conducted on waterways in close proximity to other vessel traffic makes special local regulations and safety zones necessary to provide for the safety of participants, spectator craft, and other vessels transiting the event area. Accordingly, waiting for a comment period to run would be contrary to the public interest of protecting life and property. In addition, publishing an NPRM is impracticable because the necessary information regarding these annual recurring marine events and fireworks displays was not available in sufficient time to ensure accurate and up to date listings to allow for a comment period prior to the events.

    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Additionally, providing a 30-day notice would unnecessarily delay the effective dates for the events listed to occur in May and June of 2016, which are also noticed to the public through local media outlets, and are planned on by the local communities where they take place.

    This interim rule is effective upon publication without prior notice through publication in the Federal Register, however we invite comments regarding the updated list of marine events. The Coast Guard will address all comments accordingly, whether through response, additional revision to the regulations, or otherwise.

    This rule is prepared to provide the most up to date list of recurring marine events, special local regulations and safety zones, provides ample notice for all listed events occurring after May 2016. Additionally, these recurring events are noticed to the public through local media and planned on by the local communities in which they take place.

    The current lists of annual and recurring special local regulations and safety zones for marine events and fireworks displays within the Fifth Coast Guard District area of responsibility (AOR) are published under 33 CFR part 100.501 and part 165.506, respectively. These lists were last updated April 16, 2015 through a previous rulemaking (80 FR 20418), and generated no adverse comments. Like this interim rule, the April 2015 rule added to, removed from, and amended 33 CFR 100.501 and 33 CFR 165.506 to create a comprehensive list of recurring marine events and fireworks displays requiring special local regulations and safety zones.

    III. Background, Purpose, and Legal Basis

    The Coast Guard regularly updates special local regulations and safety zones established for recurring marine events and fireworks displays that take place either on or over the navigable waters of the United States. Under that rule, the list of recurring marine events requiring special local regulations or safety zones is updated with revisions, additional events, and removal of events that no longer take place within the Fifth Coast Guard District. The Fifth Coast Guard District area of responsibility is defined in 33 CFR 3.25.

    The purpose of this rulemaking is to ensure the safety of persons, vessels and the navigable waters within close proximity to marine events and or fireworks displays before, during, and after the scheduled event. Publishing these regulatory updates in a single rulemaking promotes administrative efficiency and reduces costs involved in producing a separate rule for each individual recurring event. This action also provides the public with notice through publication in the Federal Register of future recurring marine events and fireworks displays and their accompanying regulations, special local regulations and safety zones. This rule provides separate tables for each Coast Guard Sector within the Fifth Coast Guard District. The Coast Guard issues this rulemaking under authority in 33 U.S.C. 1231; 33 U.S.C. 1233; 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.

    IV. Discussion of Rule Special Local Regulations

    This rule adds 4 new special local regulations for marine events, removes 7 regulations and revises 18 previously established regulations for marine events listed in the Table to § 100.501. Other than changes to the dates and locations of certain events, the other provisions in 33 CFR 100.501 remain unchanged.

    This rule provides additional information about regulated areas and the restrictions that apply to mariners and new terms including “Race Area”, “Spectator Area” and “Buffer Zone”. The 24 hour contact phone numbers are updated for Coast Guard Sectors Delaware Bay and North Carolina.

    The Coast Guard revises regulations at 33 CFR 100.501 by adding 4 new special local regulations. The special local regulations are listed in Table 1, including reference by section as printed in the Table to § 100.501.

    Table 1 [Special local regulated areas added to 33 CFR 100.501] Table to § 100.501 section Location 1. (b.)22 Choptank River, Cambridge, MD. 2. (b.)23 Breton Bay, Leonardtown, MD. 3. (b.)24 Patapsco River, Baltimore, MD. 4. (d.)1 Atlantic ICW, Lees Cut, Banks Channel, Motts Channel, surrounding Harbor Island, NC.

    The Coast Guard amends regulations at 33 CFR 100.501 by disestablishing the following 7 special local regulated areas listed in Table 2.

    Table 2 [Special local regulated areas removed from 33 CFR 100.501] Date(s) Event Regulated area 1. September—2nd, 3rd or 4th Friday, Saturday and Sunday; October—1st Friday, Saturday and Sunday Sunset Lake Hydrofest All waters of Sunset Lake, New Jersey, from shoreline to shoreline, south of latitude 38°58′32″ N. 2. October—2nd Saturday and Sunday The Liberty Grand Prix The waters of the Delaware River, adjacent to Philadelphia, PA and Camden, NJ, from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge. 3. June—2nd, 3rd, 4th or last Saturday and Sunday or August—1st Saturday and Sunday Thunder on the Narrows All waters of Prospect Bay enclosed by the following points: Latitude 38°57′52″ N., longitude 076°14′48″ W., thence to latitude 38°58′02″ N., longitude 076°15′05″ W., thence to latitude 38°57′38″ N., longitude 076°15′29″ W., thence to latitude 38°57′28″ N., longitude 076°15′23″ W., thence to point of origin at latitude 38°57′52″ N., longitude 076°14′48″ W. 4. September—2nd, 3rd or 4th Friday, Saturday and Sunday. October—1st Friday, Saturday and Sunday Chesapeake Challenge/Solomons Offshore Grand Prix All waters of the Patuxent River, within boundary lines connecting the following positions; originating near north entrance of MD Route 4 bridge, latitude 38°19′45″ N., longitude 076°28′06″ W., thence southwest to south entrance of MD Route 4 bridge, latitude 38°19′24″ N., longitude 076°28′30″ W., thence south to a point near the shoreline, latitude 38°18′32″ N., longitude 076°28′14″ W., thence southeast to a point near the shoreline, latitude 38°17′38″ N., longitude 076°27′26″ W., thence northeast to latitude 38°18′00″ N., longitude 076°26′41″ W., thence northwest to latitude 38°18′59″ N., longitude 076°27′20″ W., located at Solomons, MD, thence continuing northwest and parallel to shoreline to point of origin. 5. June—1st Saturday and Sunday Carolina Cup Regatta The specified waters of Pasquotank River near Elizabeth City, NC. 6. August—1st Friday, Saturday and Sunday SBIP—Fountain Powerboats Kilo Run and Super Boat Grand Prix The specified waters of the Pamlico River including Chocowinity Bay, NC. 7. September—3rd and or 4th or last Sunday Crystal Coast Grand Prix The specified waters of Bogue Sound, adjacent to Morehead City, NC.

    This rule revises 18 preexisting special local regulations that involves change to marine event date(s) and/or coordinates. These events are listed in Table 3, with reference by section as printed in the Table to § 100.501.

    Table 3 [Changes to special local regulation date(s) and coordinates] Table to § 100.501 section Location Revision
  • (date/coordinates)
  • 1. (a.)4 N. Atlantic Ocean, Atlantic City, NJ coordinates. 2. (a.)6 N. Atlantic Ocean, Seaside Heights—Normandy Beach, NJ coordinates. 3. (a.)7 Manasquan River and N. Atlantic Ocean, Asbury Park—Seaside Park, NJ dates, coordinates. 4. (a.)8 N. Atlantic Ocean, Atlantic City, NJ dates. 5. (a.)12 New Jersey Intracoastal Waterway, near Atlantic City, NJ dates. 6. (b.)1 Severn River, Annapolis, MD coordinates. 7. (b.)2 Severn River, Annapolis, MD dates. 8. (b.)7 Severn River, Annapolis, MD coordinates. 9. (b.)10 Nanticoke River, Sharptown, MD coordinates. 10. (b.)17 Spa Creek, Severn River, Annapolis, MD coordinates. 11. (b.)18 Patuxent River, Solomons, MD dates. 12. (b.)19 N. Atlantic Ocean, Ocean City, MD dates, coordinates. 13. (b.)20 N. Atlantic Ocean, Ocean City, MD date, coordinates. 14. (c.)1 Sunset Creek, Hampton River, Hampton, VA dates. 15. (c.)4 Rappahannock River, Layton, VA coordinates. 16. (c.)6 Mill Creek, Hampton, VA coordinates. 17. (c.)8 Back River, Poquoson, VA dates, coordinates. 18. (c.)9 Mattaponi River, Wakema, VA coordinates.

    Based on the nature of marine events, large number of participants and spectators, and event locations, the Coast Guard has determined that the events listed in this rule could pose a risk to participants or waterway users if normal vessel traffic were to interfere with the event. Possible hazards include risks of injury or death resulting from near or actual contact among participant vessels and spectator vessels or mariners traversing through the regulated area. In order to protect the safety of all waterway users including event participants and spectators, this rule establishes special local regulations for the time and location of each marine event.

    This rule provides designated spectator areas for commercial small passenger vessels at certain marine event(s). The purpose of a commercial small passenger vessel spectator area is to ensure the safe operation of commercial vessels that carry a greater number of passengers onboard and operating within the widespread, high capacity spectator fleet at marine events. These spectator areas facilitate direct and unobstructed accesses for first responders should an emergency occur aboard one of the higher capacity commercial passenger vessels. Commercial passenger vessels holding a valid Certificate of Inspection issued under 46 CFR 114.110, and 175.110, (subchapter K or T vessels) are eligible for access to the designated spectator area as directed by the marine event Patrol Commander.

    Owners or operators of vessels that meet the requirements of subchapter K or T vessels may request access to the Severn River spectator area for the U.S. Naval Academy Blue Angels Air Show by contacting the City of Annapolis Harbormaster Office, at telephone (410) 263-7973 or email at [email protected] Application must be made no later than seven days prior to the date of the event. Applicants will be notified by the Captain of the Port or representative regarding status of applications generally the Friday before the date of the event.

    Owners or operators of vessels that meet the requirements of subchapter K or T vessels may request access to the Patapsco River spectator area for the Baltimore Air Show by contacting Sail Baltimore at telephone (410) 522-7300 or email at [email protected] Application must be made no later than ten days prior to the date of the event. Applicants will be notified by the Captain of the Port or representative regarding status of applications generally the Friday before the date of the event.

    This rule prevents vessels from entering, transiting, mooring or anchoring within areas specifically designated as regulated areas during the periods of enforcement unless authorized by the Captain of the Port (COTP), or designated Coast Guard Patrol Commander. The designated “Patrol Commander” includes Coast Guard commissioned, warrant, or petty officer who has been designated by the COTP to act on their behalf. On-scene patrol commander may be augmented by local, State or Federal officials authorized to act in support of the Coast Guard.

    Safety Zones

    This rule adds 4 new safety zones, and revises 22 previously established safety zones listed in the Table to § 165.506. Other than changes to the dates and locations of certain safety zones, the other provisions in 33 CFR 165.506 remain unchanged.

    The Coast Guard revises the regulations at 33 CFR 165.506 by adding 4 new safety zone locations to the permanent regulations listed in this section. The new safety zones are listed in Table 4, including reference by section as printed in the Table to § 165.506.

    Table 4 [Safety zones added to 33 CFR 165.506] Table to § 165.506
  • section
  • Location
    1. (a.)17 N. Atlantic Ocean, Sea Isle City, NJ. 2. (a.)18 Rehoboth Bay, Dewey Beach, DE. 3. (b.)27 Chester River, Kent Island Narrows, MD. 4. (b.)28 Susquehanna River, Havre de Grace, MD.

    The rule revises 22 preexisting safety zones that involves change to event date(s) and coordinates. These revised safety zones are shown in Table 5, with reference by section as printed in the Table to § 165.506.

    Table 5 [Changes to safety zone date(s) and coordinates] Table to § 165.506 section Location Revision
  • (date/coordinates)
  • 1. (a.)1 N. Atlantic Ocean, Bethany Beach, DE dates. 2. (a.)3 N. Atlantic Ocean, Rehoboth Beach, DE dates. 3. (a.)4 N. Atlantic Ocean, Avalon, NJ dates. 4. (a.)5 Barnegat Bay, Barnegat Township, NJ dates. 5. (a.)6 N. Atlantic Ocean, Cape May, NJ dates. 6. (a.)7 Delaware Bay, North Cape May, NJ dates. 7. (a.)8 Great Egg Harbor Inlet, Margate City, NJ dates. 8. (a.)9 Metedeconk River, Brick Township, NJ dates. 9. (a.)10 N. Atlantic Ocean, Atlantic City, NJ dates. 10. (a.)11 N. Atlantic Ocean, Ocean City, NJ dates. 11. (a.)13 Little Egg Harbor, Parker Island, NJ dates. 12. (a.)16 Delaware River, Philadelphia, PA dates. 13. (b.)2 Severn River and Spa Creek, Annapolis, MD coordinates. 14. (b.)4 Upper Potomac River, Washington, DC dates/coordinates. 15. (b.)5 Northwest Harbor (East Channel), Patapsco River, MD coordinates. 16. (b.)12 Potomac River, Fairview Beach, Charles County, MD dates. 17. (b.)16 Susquehanna River, Havre de Grace, MD dates. 18. (b.)20 Upper Potomac River, Washington, DC dates. 19. (b.)22 Potomac River, Prince William County, VA dates/coordinates. 20. (c.)9 North Atlantic Ocean, Virginia Beach, VA (safety zone A) dates. 21. (c.)18 Cape Charles Harbor, Cape Charles, VA dates. 22. (c.)23 Elizabeth River Eastern Branch, Norfolk, VA dates.

    Each year, organizations in the Fifth Coast Guard District sponsor fireworks displays in the same general location and time period. Each event uses a barge or an on-shore site near the shoreline as the fireworks launch platform. A safety zone is used to control vessel movement within a specified distance surrounding the launch platforms to ensure the safety of persons and property. Coast Guard personnel on scene may allow boaters within the safety zone if conditions permit.

    The enforcement period for these safety zones is from 5:30 p.m. to 1 a.m. local time. However, vessels may enter, remain in, or transit through these safety zones during this time frame if authorized by the COTP or designated Coast Guard patrol commander on scene, as provided for in 33 CFR 165.23. This rule provides for the safety of life on navigable waters during the events. The regulatory text we are proposing appears at the end of this document.

    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

    Executive Orders 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. Executive Order 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 Executive Order 12866. Accordingly, the rule has not been reviewed by the Office of Management and Budget.

    This regulatory action determination is based on the short amount of time that vessels will be restricted from regulated areas, and the small size of these areas that are usually positioned away from high vessel traffic zones. Generally vessels would not be precluded from getting underway, or mooring at any piers or marinas currently located in the vicinity of the regulated areas. Advance notifications would also be made to the local maritime community by issuance of Local Notice to Mariners, Broadcast Notice to Mariners, Marine information and facsimile broadcasts so mariners can adjust their plans accordingly. Notifications to the public for most events will typically be made by local newspapers, radio and TV stations. The Coast Guard anticipates that these special local regulated areas and safety zones will only be enforced one to three times per year.

    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 certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities.

    While some owners or operators of vessels intending to transit the regulated areas or safety zones may be small entities, for the reasons stated in section IV.A above this rule would not have a significant economic impact on any vessel owner or operator. However this rule will affect the following entities some of which may be small entities: The owners and operators of vessels intending to transit or anchor in these regulated areas during the times the zones are enforced.

    These special local regulated areas and safety zones will not have a significant economic impact on a substantial number of small entities for the following reasons: The Coast Guard will ensure that small entities are able to operate in the areas where events are occurring to the extent possible while ensuring the safety of event participants and spectators. The enforcement period will be short in duration and, in many of the areas, vessels can transit safely around the regulated area. Generally, blanket permission to enter, remain in, or transit through these regulated areas will be given, except during the period that the Coast Guard patrol vessel is present. Before the enforcement period, we will issue maritime advisories widely.

    If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it.

    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. 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 would 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 Order 13132.

    Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 above.

    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 would not result in such an 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 made a preliminary determination 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 implementation of regulations within 33 CFR part 100 that apply to organized marine events on the navigable waters of the United States. Some marine events by their nature may introduce potential for adverse impact on the safety or other interest of waterway users or waterfront infrastructure within or close proximity to the event area. The category of water activities includes but is not limited to sail boat regattas, boat parades, power boat racing, swimming events, crew racing, and sail board racing. This section of the rule is categorically excluded from further review under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are not required for this section of the rule.

    This rule involves implementation of regulations at 33 CFR part 165 that establish safety zones on navigable waters of the United States for fireworks events. These safety zones are enforced for the duration of fireworks display events. The fireworks are generally launched from or immediately adjacent to navigable waters of the United States. The category of activities includes fireworks launched from barges or at the shoreline that generally rely on the use of navigable waters as a safety buffer. Fireworks displays may introduce potential hazards such as accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. This section of the rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A preliminary 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.

    VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.

    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.

    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).

    Documents mentioned in this rule as being available in the docket, and all public comments, will be 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 or a final rule is published.

    List of Subjects 33 CFR Part 100

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

    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 parts 100 and 165 as follows:

    PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority:

    33 U.S.C. 1233.

    2. Revise § 100.501 to read as follows:
    § 100.501 Special Local Regulations; Marine Events within the Fifth Coast Guard District.

    The following regulations apply to the marine events listed in the Table to § 100.501. These regulations will be effective annually, for the duration of each event listed in the Table to § 100.501. Annual notice of the exact dates and times of the effective period of the regulation with respect to each event, the geographical area, and details concerning the nature of the event and the number of participants and type(s) of vessels involved will be published in Local Notices to Mariners and via Broadcast Notice to Mariners over VHF-FM marine band radio.

    (a) Definitions. The following definitions apply to this section:

    (1) Coast Guard Patrol Commander. A Patrol Commander (PATCOM) is a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the respective Coast Guard Sector—Captain of the Port to enforce these regulations.

    (2) Official Patrol means any vessel assigned or approved by the respective Captain of the Port with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign.

    (3) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels.

    (4) Regulated area as used in this section means an area where Special local regulations apply to a specific described waterway to include creeks, sounds, bays, rivers and oceans. Regulated areas include all waters of a specific body of water described with intent to define boundaries where Coast Guard enforces Special local regulations. Boundaries may be described from shoreline to shoreline, reference bridges or other fixed structures, by points and lines defined by latitude and longitude. All coordinates reference Datum: NAD 1983.

    (b) Marine Event Patrol. The Coast Guard may assign a marine event patrol, as described in § 100.40 of this part, to each regulated event listed in the table. Additionally, a Patrol Commander may be assigned to oversee the patrol. The marine event patrol and Patrol Commander may be contacted on VHF-FM Channel 16. The Coast Guard Patrol Commander may terminate the event, or the operation of any vessel participating in the marine event, at any time if deemed necessary for the protection of life or property. Only designated marine event participants and their vessels and official patrol vessels are authorized to enter the regulated area.

    (c) Special local regulations. (1) The Coast Guard Patrol Commander or designated marine event patrol may forbid and control the movement of all vessels in the regulated area(s). When hailed or signaled by an official patrol vessel, a vessel in these areas shall immediately comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both.

    (2) The operator of any vessel in the regulated area shall:

    (i) Stop the vessel immediately when directed to do so by any Official Patrol and then proceed only as directed.

    (ii) All persons and vessels shall comply with the instructions of the Official Patrol.

    (iii) When authorized to transit the regulated area, all vessels shall proceed at the minimum speed necessary to maintain a safe course that minimizes wake near the race course.

    (3) Race area. This is an area described by a line bound by coordinates provided in latitude and longitude that outlines the boundary of a race area within the regulated area defined by this part. Only event sponsor designated participants or designated participating vessels and official patrol vessels are allowed to enter the race area. Persons or vessel operators may request authorization to enter, transit through, anchor in, or remain within the regulated area by contacting the Patrol Commander on VHF-FM Channel 16.

    (4) Spectator area. This is an area described by a line bound by coordinates provided in latitude and longitude that outlines the boundary of a spectator area within the regulated area defined by this part. Spectators are only allowed inside the regulated area if they remain within a designated spectator area. All spectator vessels shall be anchored or operate at a No Wake Speed within the designated spectator area. On scene designated PATCOM representatives will direct spectator vessels to the spectator area. Spectators may contact the Coast Guard Patrol Commander to request permission to pass through the regulated area. If permission is granted, spectators must pass directly through the regulated area at safe speed and without loitering.

    (5) Buffer area. This is a neutral zone that surrounds the perimeter of a Race Area or Marine Event Area within the regulated area described by this part. The purpose of a buffer zone is to minimize potential collision conflicts with marine event participants or race boats and spectator vessels or nearby transiting vessels. This zone provides separation between a Race Area or Marine Event Area and a specified Spectator Area or other vessels that are operating in the vicinity of the Special local regulated area for marine event.

    (6) Spectators are only allowed inside the regulated area if they remain within a designated spectator area. Spectators may contact the Coast Guard Patrol Commander to request permission to either enter the Spectator Area or pass through the regulated area. If permission is granted, spectators may enter the Spectator Area or must pass directly through the regulated area as instructed by PATCOM at safe speed and without loitering.

    (d) Contact information. Questions about marine events should be addressed to the local Coast Guard Captain of the Port for the area in which the marine event is occurring. Contact information is listed below. For a description of the geographical area of each Coast Guard Sector—Captain of the Port zone, please see subpart 3.25 of this chapter.

    (1) Coast Guard Sector Delaware Bay—Captain of the Port Zone, Philadelphia, Pennsylvania: (215) 271-4940.

    (2) Coast Guard Sector Baltimore—Captain of the Port Zone, Baltimore, Maryland: (410) 576-2525.

    (3) Coast Guard Sector Hampton Roads—Captain of the Port Zone, Norfolk, Virginia: (757) 483-8567.

    (4) Coast Guard Sector North Carolina—Captain of the Port Zone North Carolina: (877) 229-0770 or (910) 362-4015.

    (e) Application for marine events. The application requirements of § 100.15 of this part apply to all marine events listed in the Table to § 100.501. For information on applying for a marine event permit, contact the Captain of the Port for the area in which the marine event will occur, at the phone numbers listed above.

    (f) Enforcement periods. The enforcement periods for each of the Special local regulations listed in the Table to § 100.501 of this section are subject to change, but the duration of enforcement would remain the same or nearly the same total amount of time as stated in its table. In the event of a change, or for enforcement periods listed that do not allow a specific date or dates to be determined, the Captain of the Port will provide notice by publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcast Notice to Mariners.

    (g) Regulations for specific marine events. (1) Marine event (b.) 7, U.S. Naval Academy Blue Angels Air Show. Severn River spectator area; except for a vessel in an emergency situation, a vessel may not anchor or maintain station within the spectator area described in Table to 100.501 (b.) 7 without the permission of the Captain of the Port or designated Patrol Commander. The Captain of the Port has designated this spectator area for commercial small passenger vessel use. This area is closed except for commercial small passenger vessels holding a valid Certificate of Inspection regulated under 46 CFR chapter I, subchapters K and T (46 CFR 114.110, and 175.110). Vessels that meet the requirements of this section may request access to the Severn River spectator area by contacting the City of Annapolis Harbormaster at (410) 263-7973 or email [email protected] to obtain a vessel spectator area application. Vessel spectator area applications shall be submitted no later than 7 calendar days prior to the event date. Applicants will be notified by the Captain of the Port or representative regarding status of applications and further instructions. All vessels shall contact the Patrol Commander on VHF-FM channels 16 or 22A prior to transiting to the spectator area to confirm entry approval. Vessels approved for spectator area access shall follow the instructions issued by the Patrol Commander when entering the regulated area. The regulations for this event will restrict access to some of the anchorage grounds listed at 33 CFR 110.159, Annapolis Harbor, MD, specifically (2) Middle Ground Anchorage, (3) South Anchorage and (4) Naval Anchorage for Small Craft.

    (2) Marine event (b.) 24, Baltimore Air Show. Patapsco River spectator area; except for a vessel in an emergency situation, a vessel may not anchor or hold station within the spectator area described in Table to 100.501 (b.) 24 without the permission of the Captain of the Port or designated Patrol Commander. The Captain of the Port has designated this spectator area for commercial small passenger vessel use. This area is closed except for commercial small passenger vessels holding a valid Certificate of Inspection regulated under 46 CFR chapter I, subchapters K and T (46 CFR 114.110, and 175.110). Vessels that meet the requirements of this section may request access to the Patapsco River spectator area by contacting the Sail Baltimore at (410) 522-7300 or email [email protected] to obtain a vessel spectator area application. Vessel spectator area applications shall be submitted no later than 10 calendar days prior to the event date. Applicants will be notified by the Captain of the Port or representative regarding status of applications and further instructions. All vessels shall contact the Patrol Commander on VHF-FM channels 16 or 22A prior to transiting to the spectator area to confirm entry approval. Vessels approved for spectator area access shall follow the instructions issued by the Patrol Commander when entering the regulated area.

    Table to § 100.501 [All coordinates listed in the Table to § 100.501 reference Datum NAD 1983] No. Enforcement period(s) 1 Event Sponsor Location/special local regulation area (a.) Coast Guard Sector Delaware Bay—COTP Zone 1 June—1st Sunday Atlantic County Day at the Bay Atlantic County, New Jersey The waters of Great Egg Harbor Bay, adjacent to Somers Point, New Jersey, bounded by a line drawn along the following boundaries: The area is bounded to the north by the shoreline along John F. Kennedy Park and Somers Point, New Jersey; bounded to the east by the State Route 52 bridge; bounded to the south by a line that runs along latitude 39°18′00″ N.; and bounded to the west by a line that runs along longitude 074°37′00″ W. 2 May—3rd Sunday; September—3rd Saturday Annual Escape from Fort Delaware Triathlon Escape from Fort Delaware Triathlon, Inc All waters of the Delaware River between Pea Patch Island and Delaware City, Delaware, bounded by a line connecting the following points: Latitude 39°36′35.7″ N., longitude 075°35′25.6″ W., thence southeast to latitude 39°34′57.3″ N., longitude 075°33′23.1″ W., thence southwest to latitude 39°34′11.9″ N., longitude 075°34′28.6″ W., thence northwest to latitude 39°35′52.4″ N., longitude 075°36′33.9″ W., thence to point of origin. 3 June—last Saturday Westville Parade of Lights Borough of Westville and Westville Power Boat All waters of Big Timber Creek in Westville, New Jersey from shoreline to shoreline bounded on the south from the Route 130 Bridge and to the north by the entrance of the Delaware River. 4 June—4th Sunday OPA Atlantic City Grand Prix Offshore Performance Assn. (OPA) Regulated enforcement area—All waters of the North Atlantic Ocean encompassed within the following areas: Race area: All waters of the North Atlantic Ocean bounded by a line connecting the following points: Latitude 39°21′31″ N., longitude 074°24′45″ W., thence east to latitude 39°21′08″ N., longitude 074°24′32″ W., thence southwest to latitude 39°20′21.5″ N., longitude 074°27′04.6″ W., thence northwest to latitude 39°20′45.6″ N., longitude 074°27′11.6″ W., thence northeast parallel to shoreline to point of origin. Buffer area: All waters of the North Atlantic Ocean bounded by a line connecting the following points: Latitude 39°21′46″ N., longitude 074°24′35″ W., thence east to latitude 39°21′06″ N., longitude 074°24′06″ W., thence southwest to latitude 39°20′06″ N., longitude 074°27′20″ W., thence northwest to latitude 39°20′40.6″ N., longitude 074°27′31.5″ W., thence northeast along the shoreline to point of origin. Spectator area: All waters of the North Atlantic Ocean bounded by a line connecting the following points: Latitude 39°21′05.6″ N., longitude 074°24′05.8″ W., thence east to latitude 39°20′52.1″ N., longitude 074°23′53.9″ W., thence southeast to latitude 39°19′51.6″ N., longitude 074°27′16.2″ W., thence northwest to latitude 39°20′05.6″ N., longitude 074°27′20″ W., thence northeast to point of origin. 5 July—on or about July 4th U.S. holiday celebrations City of Philadelphia The waters of the Delaware River, adjacent to Philadelphia, PA and Camden, NJ, from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge. 6 August—2nd Friday, Saturday and Sunday Point Pleasant OPA/NJ Offshore Grand Prix Offshore Performance Association (OPA) and New Jersey Offshore Racing Assn Regulated enforcement area—All waters of the North Atlantic Ocean encompassed within the following areas: Race area: All waters of the North Atlantic Ocean bounded by a line connecting the following points: Latitude 39°59′41″ N., longitude 074°03′20″ W., thence east to latitude 39°59′28″ N., longitude 074°02′15″ W., thence southwest to latitude 39°56′41″ N., longitude 074°02′55″ W., thence west to latitude 39°56′45″ N., longitude 074°03′52″ W., thence north parallel to shoreline to point of origin. Buffer area: All waters of the North Atlantic Ocean bounded by a line connecting the following points: Latitude 40°00′00″ N., longitude 074°03′31″ W., thence east to latitude 39°59′41″ N., longitude 074°02′00″ W., thence southwest to latitude 39°56′28″ N., longitude 074°02′43″ W., thence west to latitude 39°56′31″ N., longitude 074°04′10″ W., thence north along the shoreline to point of origin. Spectator area: All waters of the North Atlantic Ocean bounded by a line connecting the following points: Latitude 39°59′41″ N., longitude 074°01′59″ W., thence east to latitude 39°59′39″ N., longitude 074°01′48″ W., thence southwest to latitude 39°56′27″ N., longitude 074°02′29″ W., thence west to latitude 39°56′28″ N., longitude 074°02′43″ W., thence north to point of origin. 7 May—3rd weekend, Saturday and Sunday New Jersey Offshore Grand Prix Offshore Performance Assn. & New Jersey Offshore Racing Assn Regulated enforcement area—All waters of the North Atlantic Ocean encompassed within the following areas: Race area: All waters of the North Atlantic Ocean bounded by a line connecting the following points: Latitude 40°05′40″ N., longitude 074°01′59″ W., thence southeast to latitude 40°05′34″ N., longitude 074°01′40″ W., thence south to latitude 40°03′54″ N., longitude 074°02′07″ W., thence west to latitude 40°03′56″ N., longitude 074°02′24″ W., thence north and parallel to shoreline to point of origin. Buffer area: All waters of the North Atlantic Ocean bounded by a line connecting the following points: Latitude 40°05′55″ N., longitude 074°02′02″ W., thence southeast to latitude 40°05′44″ N., longitude 074°01′28″ W., thence south to latitude 40°03′42″ N., longitude 074°02′01″ W., thence west to latitude 40°03′44″ N., longitude 074°02′36″ W., thence north along the shoreline to point of origin. Spectator area: All waters of the North Atlantic Ocean bounded by a line connecting the following points: Latitude 40°05′44″ N., longitude 074°01′27″ W., thence east to latitude 40°05′42″ N., longitude 074°01′20″ W., thence southwest to latitude 40°03′42″ N., longitude 074°01′55″ W., thence west to latitude 40°03′42″ N., longitude 074°02′01″ W., thence north to point of origin. 8 August—3rd Tuesday and Wednesday Thunder Over the Boardwalk Air show Atlantic City Chamber of Commerce The waters of the North Atlantic Ocean, adjacent to Atlantic City, New Jersey, bounded by a line drawn between the following points: From a point along the shoreline at latitude 39°21′31″ N., longitude 074°25′04″ W., thence southeasterly to latitude 39°21′08″ N., longitude 074°24′48″ W., thence southwesterly to latitude 39°20′16″ N., longitude 074°27′17″ W., thence northwesterly to a point along the shoreline at latitude 39°20′44″ N., longitude 074°27′31″ W., thence northeasterly along the shoreline to latitude 39°21′31″ N., longitude 074°25′04″ W. 9 October—1st Monday (Columbus Day) U.S. holiday celebrations City of Philadelphia The waters of the Delaware River, adjacent to Philadelphia, PA and Camden, NJ, from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge. 10 December 31st (New Year's Eve) U.S. holiday celebrations City of Philadelphia The waters of the Delaware River, adjacent to Philadelphia, PA and Camden, NJ, from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge. 11 September—2nd or 3rd Sunday Ocean City Air Show Ocean City, NJ All waters of the New Jersey Intracoastal Waterway (ICW) bounded by a line connecting the following points; Latitude 39°15′57″ N., longitude 074°35′09″ W. thence northeast to latitude 39°16′34″ N., longitude 074°33′54″ W. thence southeast to latitude 39°16′17″ N., longitude 074°33′29″ W. thence southwest to latitude 39°15′40″ N., longitude 074°34′46″ W. thence northwest to point of origin, near Ocean City, NJ. 12. June—4th Sunday and August 2nd or 3rd Sunday. September—2nd or 3rd Saturday and Sunday Atlantic City International Triathlon Atlantic City, NJ All waters of the New Jersey Intracoastal Waterway (ICW) bounded by a line connecting the following points; Latitude 39°21′20″ N., longitude 074°27′18″ W. thence northeast to latitude 39°21′27.47″ N., longitude 074°27′10.31″ W. thence northeast to latitude 39°21′33″ N., longitude 074°26′57″ W. thence northwest to latitude 39°21′37″ N., longitude 074°27′03″ W. thence southwest to latitude 39°21′29.88″ N., longitude 074°27′14.31″ W. thence south to latitude 39°21′19″ N., longitude 074°27′22″ W. thence east to latitude 39°21′18.14″ N., longitude 074°27′19.25″ W. thence north to point of origin, near Atlantic City, NJ. (b.) Coast Guard Sector Baltimore—COTP Zone 1 March—4th or last Saturday; or April—1st Saturday USNA Safety at Sea Seminar U.S. Naval Academy All waters of the Severn River from shoreline to shoreline, bounded to the northwest by the Naval Academy (SR-450) Bridge and bounded to the southeast by a line drawn from Triton Light at latitude 38°58′53.0″ N., longitude 076°28′34.4″ W., thence easterly to Carr Point, MD at latitude 38°58′58.7″ N., longitude 076°27′38.9″ W. 2 April and May—every Friday, Saturday and Sunday USNA Crew Races U.S. Naval Academy All waters of the Severn River from shoreline to shoreline, bounded to the northwest by a line drawn from the south shoreline at latitude 39°00′58″ N., longitude 076°31′32″ W. thence to the north shoreline at latitude 39°01′11″ N., longitude 076°31′10″ W., The regulated area is bounded to the southeast by a line drawn from U.S. Naval Academy Light at latitude 38°58′39.5″ N., longitude 076°28′49″ W., thence easterly to Carr Point, MD at latitude 38°58′58″ N., longitude 076°27′41″ W. 3 July—3rd, 4th or last Saturday, or Sunday Middle River Dinghy Poker Run Norris Trust Foundation The waters of Middle River, from shoreline to shoreline, within an area bounded to the north by a line drawn along latitude 39°19′33″ N., and bounded to the south by a line drawn from latitude 39°17′24.4″ N., longitude 076°23′53.3″ W., to latitude 39°18′06.4″ N., longitude 076°23′10.9″ W., located in Baltimore County, at Essex, MD. 4 May—1st Sunday Nanticoke River Swim and Triathlon Nanticoke River Swim and Triathlon, Inc All waters of the Nanticoke River, including Bivalve Channel and Bivalve Harbor, bounded by a line drawn from a point on the shoreline at latitude 38°18′00″ N., longitude 075°54′00″ W., thence westerly to latitude 38°18′00″ N., longitude 075°55′00″ W., thence northerly to latitude 38°20′00″ N., longitude 075°53′48″ W., thence easterly to latitude 38°19′42″ N., longitude 075°52′54″ W. 5 May—Saturday before Memorial Day Chestertown Tea Party Re-enactment Chestertown Tea Party Festival All waters of the Chester River, within a line connecting the following positions: Latitude 39°12′27″ N., longitude 076°03′46″ W.; thence to latitude 39°12′19″ N., longitude 076°03′53″ W.; thence to latitude 39°12′15″ N., longitude 076°03′41″ W.; thence to latitude 39°12′26″ N., longitude 076°03′38″ W.; thence to the point of origin at latitude 39°12′27″ N., longitude 076°03′46″ W., located at Chestertown, MD. 6 May—3rd Friday, Saturday and Sunday. June 2nd or 3rd Friday, Saturday and Sunday Washington, D.C. Dragon Boat Festival Washington, D.C. Dragon Boat Festival, Inc The waters of the Upper Potomac River, Washington, DC, from shoreline to shoreline, bounded upstream by the Francis Scott Key Bridge and downstream by the Roosevelt Memorial Bridge, located at Georgetown, Washington, DC. 7 May—Tuesday and Wednesday before Memorial Day (observed) USNA Blue Angels Air Show U.S. Naval Academy All waters of the Severn River from shoreline to shoreline, bounded to the northwest by a line drawn from the south shoreline at latitude 39°00′38″ N., longitude 076°31′02″ W., thence to the north shoreline at latitude 39°00′52.7″ N., longitude 076°30′46″ W., this line is approximately 1300 yards northwest of the U.S. 50 fixed highway bridge. The regulated area is bounded to the southeast by a line drawn from U.S. Naval Academy Light at latitude 38°58′39.5″ N., longitude 076°28′49″ W., thence southeast to a point 1500 yards ESE of Chinks Point, MD at latitude 38°57′41″ N., longitude 076°27′36″ W., thence northeast to Greenbury Point at latitude 38°58′27.7″ N., longitude 076°27′16.4″ W., Spectator area: All waters of the Severn River bounded by a line commencing at latitude 38°58′38.2″ N., longitude 076°27′56.9″ W., thence southeast to latitude 38°58′24.9″ N., longitude 076°27′47.6″ W., thence west to latitude 38°58′22.3″ N., longitude 076°27′54.5″ W., thence northwest to latitude 38°58′28.3″ N., longitude 076°28′11″ W., thence east to point of origin. This area is located generally in the center portion of Middle Ground Anchorage, Severn River, MD. This spectator area is restricted to certain vessels as described in § 100.501 paragraph (g)(1). 8 June—2nd Sunday The Great Chesapeake Bay Swim The Great Chesapeake Bay Swim, Inc The waters of the Chesapeake Bay between and adjacent to the spans of the William P. Lane Jr. Memorial Bridges from shoreline to shoreline, bounded to the north by a line drawn parallel and 500 yards north of the north bridge span that originates from the western shoreline at latitude 39°00′36″ N., longitude 076°23′05″ W., and thence eastward to the eastern shoreline at latitude 38°59′14″ N., longitude 076°20′00″ W., and bounded to the south by a line drawn parallel and 500 yards south of the south bridge span that originates from the western shoreline at latitude 39°00′16″ N., longitude 076°24′30″ W., and thence eastward to the eastern shoreline at latitude 38°58′38.5″ N., longitude 076°20′06″ W. 9 June—3rd, 4th or last Saturday or July—2nd or 3rd Saturday Maryland Swim for Life District of Columbia Aquatics Club The waters of the Chester River from shoreline to shoreline, bounded on the south by a line drawn at latitude 39°10′16″ N., near the Chester River Channel Buoy 35 (LLN-26795) and bounded on the north at latitude 39°12′30″ N., by the Maryland S.R. 213 Highway Bridge. 10 June—last Saturday and Sunday or July—2nd Saturday and Sunday Bo Bowman Memorial—Sharptown Regatta Carolina Virginia Racing Assn Regulated enforcement area—All waters of the Nanticoke River encompassed within the following areas: Race area: All waters of the Nanticoke River commencing at a point at latitude 38°33′02″ N., longitude 075°42′44″ W., thence northwest to latitude 38°33′03″ N., longitude 075°42′45″ W., thence southwest to latitude 38°32′46″ N., longitude 075°43′08″ W., thence southeast to latitude 38°32′45″ N., longitude 075°43′07″ W., thence northeast to the point of origin. Race boat/participant access area: Located southwest and down river from the race area. From shoreline to shoreline and bound by a line commencing at latitude 38°32′37″ N., longitude 075°43′14″ W., thence northwest across the river to latitude 38°32′41.5″ N., longitude 075°43′19.3″ W., thence northeast to latitude 38°32′46″ N., longitude 075°43′14″ W., thence southeast along the Route 313 bridge to latitude 38°32′41.7″ N., longitude 075°43′08.2″ W., thence southwest to point of origin. Buffer area: All waters of the Nanticoke River bounded by a line connecting the following points: Commencing at latitude 38°33′02″ N., longitude 075°42′39″ W., thence southwest tolatitude 38°32′42″ N., longitude 075°43′07″ W., thence northwest to latitude 38°32′47″ N., longitude 075°43′13″ W., thence northeast to latitude 38°33′07.5″ N., longitude 75°42′46″ W., thence southwest to the point of origin. Spectator area: All waters of the Nanticoke River bounded by the following points: Located northeast and up-river from the race area. From shoreline to shoreline and bound by a line commencing at latitude 38°33′08.5″ N., longitude 075°42′33.6″ W., thence southeasterly along the shoreline to latitude 38°33′02″ N., longitude 075°42′39″ W., thence across the river northwest to latitude 38°33′07.4″ N., longitude 075°42′46″ W., thence the northeast along the shoreline to latitude 38°33′13″ N., longitude 075°42′41.5″ W., thence southeast across the river to point of origin. 11 May/June—Saturday and Sunday after Memorial Day (observed); and October—1st Saturday and Sunday Rock Hall and Waterman's Triathlon Swims Kinetic Endeavors, LLC The waters of Rock Hall Harbor from shoreline to shoreline, bounded by a line drawn from latitude 39°07′59″ N., longitude 076°15′03″ W., to latitude 39°07′50″ N., longitude 076°14′41″ W., located at the entrance to Rock Hall, MD. 12 September—2nd Saturday or the Saturday after Labor Day. (biennial, even years) Catholic Charities Dragon Boat Races Associated Catholic Charities, Inc The waters of the Patapsco River, within the Inner Harbor, from shoreline to shoreline, bounded on the east by a line drawn along longitude 076°36′30″ W., located at Baltimore, MD. 13 June—3rd, 4th or last Saturday or Sunday Baltimore Dragon Boat Challenge Baltimore Dragon Boat Club The waters of Patapsco River, Northwest Harbor, in Baltimore, MD, from shoreline to shoreline, within an area bounded on the east by a line drawn along longitude 076°35′ W., and bounded on the west by a line drawn along longitude 076°36′ W. 14 May—2nd, 3rd 4th or last Saturday. June—1st, 2nd or 3rd Saturday Oxford-Bellevue Sharkfest Swim Enviro-Sports Productions Inc The waters of the Tred Avon River from shoreline to shoreline, within an area bounded on the east by a line drawn from latitude 38°42′25″ N., longitude 076°10′45″ W., thence south to latitude 38°41′37″ N., longitude 076°10′26″ W., and bounded on the west by a line drawn from latitude 38°41′58″ N., longitude 076°11′04″ W., thence south to latitude 38°41′25″ N., longitude 076°10′49″ W., thence east to latitude 38°41′25″ N., longitude 076°10′30″ W., located at Oxford, MD. 15 June—1st Sunday Washington's Crossing: Swim Across the Potomac Wave One Swimming The waters of the Potomac River, from shoreline to shoreline, bounded to the north by a line drawn that originates at Jones Point Park, VA at the west shoreline latitude 38°47′35″ N., longitude 077°02′22″ W., thence east to latitude 38°47′2″ N., longitude 077°00′58″ W., at east shoreline near National Harbor, MD. The regulated area is bounded to the south by a line drawn originating at George Washington Memorial Parkway highway overpass and Cameron Run, west shoreline latitude 38°47′23″ N., longitude 077°03′03″ W., thence east to latitude 38°46′52″ N., longitude 077°01′13″ W., at east shoreline near National Harbor, MD. 16 October—last Saturday; or November—1st or 2nd Saturday The MRE Tug of War Maritime Republic of Eastport The waters of Spa Creek from shoreline to shoreline, extending 400 feet from either side of a rope spanning Spa Creek from a position at latitude 38°58′36.9″ N., longitude 076°29′03.8″ W., on the Annapolis shoreline to a position at latitude 38°58′26.4″ N., longitude 076°28′53.7″ W., on the Eastport shoreline. 17 December—2nd Saturday Eastport Yacht Club Lights Parade Eastport Yacht Club All waters of Spa Creek and the Severn River, shoreline to shoreline, bounded on the east by a line drawn from Triton Light, at latitude 38°58′53.1″ N., longitude 076°28′34.3″ W., thence southwest to Horn Point, at 38°58′20.9″ N., longitude 076°28′27.1″ W., Annapolis, MD. 18 Memorial Day weekend—Thursday, Friday, Saturday and Sunday; or Labor Day weekend—Thursday, Friday, Saturday and Sunday; or October—last Thursday, Friday, Saturday and Sunday NAS Patuxent River Air Expo NAS Patuxent River All waters of the lower Patuxent River, near Solomons, Maryland, located between Fishing Point and the base of the break wall marking the entrance to the East Seaplane Basin at Naval Air Station Patuxent River, within an area bounded by a line connecting position latitude 38°17′39″ N., longitude 076°25′47″ W.; thence to latitude 38°17′47″ N., longitude 076°26′00″ W.; thence to latitude 38°18′09″ N., longitude 076°25′40″ W.; thence to latitude 38°18′00″ N., longitude 076°25′25″ W., located along the shoreline at U.S. Naval Air Station Patuxent River, Maryland. All waters of the lower Patuxent River, near Solomons, Maryland, located between Hog Point and Cedar Point, within an area bounded by a line drawn from a position at latitude 38°18′41″ N., longitude 076°23′43″ W.; to latitude 38°18′16″ N., longitude 076°22′35″ W.; thence to latitude 38°18′12″ N., longitude 076°22′37″ W.; thence to latitude 38°18′36″ N., longitude 076°23′46″ W., located adjacent to the shoreline at U.S. Naval Air Station Patuxent River, Maryland. 19 May—1st or 2nd Saturday and Sunday; October—1st or 2nd Saturday and Sunday Ocean City Maryland Offshore Grand Prix Offshore Performance Assn. Racing, LLC Regulated enforcement area: All waters of North Atlantic Ocean bounded within the following designated areas.
  • Race area: All waters of North Atlantic Ocean commencing at latitude 38°20′06.33″ N. longitude 075°04′39.09″ W., thence east to latitude 38°20′03.75″ N. longitude 075°04′27.46″ W., thence north and parallel to Ocean City shoreline to latitude 38°21′32.00″ N. longitude 075°03′46.57″ W.; thence west to shoreline at latitude 38°21′34.58″ N. longitude 075°04′00.95″ W.; thence south to the point of origin.
  • Buffer area: 500 yards in all directions surrounding the “Race area”. All waters of North Atlantic Ocean commencing at a point near the shoreline at latitude 38°21′52″ N. longitude 075°04′09″ W., thence east to latitude 38°21′44″ N. longitude 075°03′21″ W., thence southwest and parallel to Ocean City shoreline latitude 38°19′47″ N. longitude 075°04′15″ W., thence west to the shoreline at latitude 38°19′55″ N. longitude 075°04′57″ W. Spectator area: Vessel operation restricted to operate at No Wake Speed. All waters of North Atlantic Ocean commencing at latitude 38°20′01″ N. longitude 075°04′08.4″ W., thence east to latitude 38°19′58″ N. longitude 075°03′57″ W., thence north and parallel to Ocean City shoreline to latitude 38°21′26″ N. longitude 075°03′16″ W.; thence west to shoreline at latitude 38°21′29″ N. longitude 075°03′27.8″ W., thence south to the point of origin. 20 June—1st, 2nd or 3rd Thursday, Friday, Saturday and Sunday Ocean City Air Show Town of Ocean City, Maryland All waters of the North Atlantic Ocean within an area bounded by the following coordinates: latitude 38°21′48.7″ N., longitude 075°04′10″ W.; latitude 38°21′31.5″ N., longitude 075°03′11.4″ W.; latitude 38°19′22.6″ N., longitude 075°04′09.5″ W.; and latitude 38°19′38.5″ N., longitude 075°05′05.4″ W., located at Ocean City, MD. 21 June—3rd, 4th or last Sunday Coastal Aquatics Swim Team Open Water Summer Shore Swim Coastal Aquatics Swim Team All waters of the Nanticoke River, including Bivalve Channel and Bivalve Harbor, bounded by a line drawn from a point on the shoreline at latitude 38°18′00″ N., longitude 075°54′00″ W., thence westerly to latitude 38°18′00″ N., longitude 075°55′00″ W., thence northerly to latitude 38°20′00″ N., longitude 075°53′48″ W., thence easterly to latitude 38°19′42″ N., longitude 075°52′54″ W. 22 Memorial Day weekend (Saturday and Sunday). July—last Saturday or Sunday Cambridge Classic Powerboat Race Cambridge Power Boat Regatta Association Regulated enforcement area: All waters within of Hambrooks Bay and Choptank River bounded within the following described areas.
  • Race area: All waters within Hambrooks Bay bound to the east by the breakwall and continuing along a line drawn from the east end of breakwall located at latitude 38°35′27.6″ N., longitude 076°04′50.1″ W., thence south to Great Marsh Point located at latitude 38°35′06″ N., longitude 076°04′40.6″ W.
  • Buffer area: All waters within Hambrooks Bay (with the exception of the Race Area designated by the marine event sponsor) bound to the east by the breakwall and continuing along a line drawn from the east end of breakwall located at latitude 38°35′27.6″ N., longitude 076°04′50.1″ W., thence south to Great Marsh Point located at latitude 38°35′06″ N., longitude 076°04′40.6″ W. Spectator area: All waters of the Choptank River, from Great Marsh Point, commencing at latitude 38°35′06″ N., longitude 076°04′40.4″ W., thence north near the terminus of breakwall, latitude 38°35′29.8″ N., longitude 076°04′51″ W., thence northwest parallel with breakwall to latitude 38°35′34.5″ N. longitude 076°05′12.5″ W.; thence northeast to latitude 38°35′40.2″ N., longitude 076°05′09.8″ W., thence east to latitude 38°35′33.7″ N., longitude 076°04′41.6″ W., thence southeast to latitude 38°35′07.9″ N., longitude 076°04′31.4″ W., thence west to the point of origin. 23 July—4th or last Saturday and Sunday; Southern Maryland Boat Club Summer Regatta Southern Maryland Boat Club All waters of Breton Bay, immediately adjacent to Leonardtown, MD shoreline, from shoreline to shoreline, within an area bounded to the east by a line drawn along latitude-38°16′43″ N., and bounded to the west by a line drawn along longitude 076°38′29.5″ W., located at Leonardtown, MD. Race area: The race area is rectangular in shape measuring approximately 200 yards by 1000 yards. The area is bounded by a line commencing at position latitude 38°17′07.2″ N., longitude 076°38′17.9″ W.; thence southeast to latitude 38°16′53.6″ N., longitude 076°37′43.7″ W.; thence southwest to latitude 38°16′48.6″ N., longitude 076°37′46.8″ W.; thence northwest to latitude 38°17′02.3″ N., longitude 076°38′21.1″ W.; thence northeast to point of origin. Buffer area: The area surrounds the entire race area described in the preceding paragraph of this section. This area is rectangular in shape and provides a buffer of approximately 120 yards around the perimeter of the race area. The area is bounded by a line commencing at position latitude 38°17′11.7″ N., longitude 076°38′19.5″ W.; thence southeast to latitude 38°16′55.6″ N., longitude 076°37′37.5″ W.; thence southwest to latitude 38°16′43.7″ N., longitude 076°37′45″ W.; thence northwest to latitude 38°17′00.3″ N., longitude 076°38′27.4″ W.; thence northeast to point of origin. Spectator area: A. The area is bounded by a line commencing at position latitude 38°17′09.7″ N., longitude 076°38′06.3″ W.; thence southeast to latitude 38°17′05″ N., longitude 076°37′54″ W.; thence southwest to latitude 38°17′02.2″ N., longitude 076°37′53.8″ W.; thence northwest to latitude 38°17′08.5″ N., longitude 076°38′10.1″ W.; thence northeast to point of origin. B. The area is bounded by a line commencing at position latitude 38°17′02.2″ N., longitude 076°37′44.1″ W.; thence southeast to latitude 38°16′59″ N., longitude 076°37′35.9″ W.; thence southwest to latitude 38°16′56.1″ N., longitude 076°37′37.6″ W.; thence northwest to latitude 38°16′59.9″ N., longitude 076°37′47.5″ W.; thence northeast to point of origin. C. The area is bounded by a line commencing at position latitude 38°16′57.3″ N., longitude 076°38′20.7″ W.; thence southeast to latitude 38°16′49.3″ N., longitude 076°38′00.2″ W.; thence southwest to latitude 38°16′47.9″ N., longitude 076°38′01.1″ W.; thence northwest to latitude 38°16′55.7″ N., longitude 076°38′21.8″ W.; thence northeast to point of origin. D. The area is bounded by a line commencing at position latitude 38°16′47″ N., longitude 076°37′54.5″ W.; thence southeast to latitude 38°16′44.3″ N., longitude 076°37′47.2″ W.; thence southwest to latitude 38°16′43.2″ N., longitude 076°37′47.1″ W.; thence northwest to latitude 38°16′43.3″ N., longitude 076°37′57.9″ W.; thence northeast to point of origin. 24 October—Thursday, Friday, Saturday and Sunday after Columbus Day (observed) (biennial, even years) Baltimore Air Show Star-Spangled 200, Inc Regulated area: All waters of the Patapsco River, within an area bounded by a line connecting position latitude 39°16′00″ N., longitude 076°36′30″ W.; thence east to latitude 39°16′00″ N., longitude 076°33′00″ W.; thence south to latitude 39°14′30″ N., longitude 076°33′00″ W.; thence west to latitude 39°14′30″ N., longitude 076°36′30″ W.; thence north to point of origin, located between Port Covington and Seagirt Marine Terminal, Baltimore, MD. Spectator Area: All waters of Patapsco River located between the north boundary defined by a line drawn from the vicinity of North Locust Point Marine Terminal, Pier 1 thence east to Canton Industrial area, Pier 5; the south boundary is defined by a line drawn from vicinity of Whetstone Point thence east to Lazaretto Point. This area is located generally where Northwest Harbor, East Channel, joins Patapsco River, Fort McHenry Channel, near Fort McHenry National Monument, Baltimore, MD. This area is bound by a line to the north commencing at position latitude 39°16′01″ N., longitude 076°34′46″ W.; thence east to latitude 39°16′01″ N., longitude 076°34′09″ W.; and bound by a line to the south commencing at position latitude 39°15′39″ N., longitude 076°35′23″ W.; thence east to latitude 39°15′26″ N., longitude 076°34′03″ W. This spectator area is restricted to certain vessels as described in § 100.501 paragraph (g)(2). (c.) Coast Guard Sector Hampton Roads—COTP Zone 1 May—last Friday, Saturday and Sunday and/or June—1st Friday, Saturday and Sunday. October—3rd and 4th weekend. Blackbeard Festival, Battle of Hampton City of Hampton The waters of Sunset Creek and Hampton River shore to shore bounded to the north by the I-64 Bridge over the Hampton River and to the south by a line drawn from Hampton River Channel Light 16 (LL 5715), located at latitude 37°01′03″ N., longitude 76°20′26″ W., to the finger pier across the river at Fisherman's Wharf, located at latitude 37°01′01.5″ N., longitude 76°20′32″ W. Spectator Vessel Anchorage Areas—Area A: Located in the upper reaches of the Hampton River, bounded to the south by a line drawn from the western shore at latitude 37°01′48″ N., longitude 76°20′22″ W., across the river to the eastern shore at latitude 37°01′44″ N., longitude 76°20′13″ W., and to the north by the I-64 Bridge over the Hampton River. The anchorage area will be marked by orange buoys. Area B: Located on the eastern side of the channel, in the Hampton River, south of the Queen Street Bridge, near the Riverside Health Center. Bounded by the shoreline and a line drawn between the following points: Latitude 37°01′26″ N., longitude 76°20′24″ W., latitude 37°01′22″ N., longitude 76°20′26″ W., and latitude 37°01′22″ N., longitude 76°20′23″ W. The anchorage area will be marked by orange buoys. 2 June—1st Friday, Saturday and Sunday or 2nd Friday, Saturday and Sunday Norfolk Harborfest Norfolk Festevents, Ltd The waters of the Elizabeth River and its branches from shoreline to shoreline, bounded to the northwest by a line drawn across the Port Norfolk Reach section of the Elizabeth River between the northern corner of the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51″ N., longitude 076°18′09″ W. and the north corner of the City of Norfolk Mooring Pier at the foot of Brooks Avenue located at latitude 36°51′00″ N., longitude 076°17′52″ W.; bounded on the southwest by a line drawn from the southern corner of the landing at Hospital Point, Portsmouth, Virginia, at latitude 36°50′50″ N., longitude 076°18′10″ W., to the northern end of the eastern most pier at the Tidewater Yacht Agency Marina, located at latitude 36°50′29″ N., longitude 076°17′52″ W.; bounded to the south by a line drawn across the Lower Reach of the Southern Branch of the Elizabeth River, between the Portsmouth Lightship Museum located at the foot of London Boulevard, in Portsmouth, Virginia at latitude 36°50′10″ N., longitude 076°17′47″ W., and the northwest corner of the Norfolk Shipbuilding & Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08″ N., longitude 076°17′39″ W.; and to the southeast by the Berkley Bridge which crosses the Eastern Branch of the Elizabeth River between Berkley at latitude 36°50′21.5″ N., longitude 076°17′14.5″ W., and Norfolk at latitude 36°50′35″ N., longitude 076°17′10″ W. 3 June—2nd or 3rd Saturday Cock Island Race Portsmouth Boat Club & City of Portsmouth, VA The waters of the Elizabeth River and its branches from shoreline to shoreline, bounded to the northwest by a line drawn across the Port Norfolk Reach section of the Elizabeth River between the northern corner of the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51″ N., longitude 076°18′09″ W., and the north corner of the City of Norfolk Mooring Pier at the foot of Brooks Avenue located at latitude 36°51′00″ N., longitude 076°17′52″ W.; bounded on the southwest by a line drawn from the southern corner of the landing at Hospital Point, Portsmouth, Virginia, at latitude 36°50′50″ N., longitude 076°18′10″ W., to the northern end of the eastern most pier at the Tidewater Yacht Agency Marina, located at latitude 36°50′29″ N., longitude 076°17′52″ W.; bounded to the south by a line drawn across the Lower Reach of the Southern Branch of the Elizabeth River, between the Portsmouth Lightship Museum located at the foot of London Boulevard, in Portsmouth, Virginia at latitude 36°50′10″ N., longitude 076°17′47″ W., and the northwest corner of the Norfolk Shipbuilding & Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08″ N., longitude 076°17′39″ W.; and to the southeast by the Berkley Bridge which crosses the Eastern Branch of the Elizabeth River between Berkley at latitude 36°50′21.5″ N., longitude 076°17′14.5″ W., and Norfolk at latitude 36°50′35″ N., longitude 076°17′10″ W. 4 June—last Saturday or July—1st Saturday RRBA Spring Radar Shootout Rappahannock River Boaters Association (RRBA) All waters of Rappahannock River, adjacent to Layton, VA, from shoreline to shoreline, bounded on the west by a line running along longitude 076°58′30″ W., and bounded on the east by a line running along longitude 076°56′00″ W. Buffer area: The waters of Rappahannock River extending 200 yards outwards from east and west boundary lines described in this section. Spectator area: The regulated area cannot accommodate spectator vessels due to limitations posed by shallow water and insufficient waters to provide adequate separation between race course and other vessels. Spectators are encouraged to view the race from points along the adjacent shoreline. 5 July—last Wednesday and following Friday; or August—1st Wednesday and following Friday Pony Penning Swim Chincoteague Volunteer Fire Department The waters of Assateague Channel from shoreline to shoreline, bounded to the east by a line drawn from latitude 37°55′01″ N., longitude 075°22′40″ W., thence south to latitude 37°54′50″ N., longitude 075°22′46″ W.; and to the southwest by a line drawn from latitude 37°54′54″ N., longitude 075°23′00″ W., thence east to latitude 37°54′49″ N., longitude 075°22′49″ W. 6 August 1st or 2nd Friday, Saturday and Sunday Hampton Cup Regatta Hampton Cup Regatta Boat Club Regulated enforcement area—All waters of Mill Creek, adjacent and north of Fort Monroe, Hampton, Virginia. The regulated area includes the following areas: Race area: All waters within the following boundaries: To the north, a line drawn along latitude 37°01′03″ N., to the east a line drawn along longitude 076°18′30″ W., to the south a line drawn parallel with the Fort Monroe shoreline, and west boundary is parallel with the Route 258—East Mercury Boulevard Bridge-causeway. Buffer area A: All waters bounded by a line connecting the following points: Latitude 37°00′43″ N., longitude 076°18′54″ W., thence north along the causeway to latitude 37°01′03″ N., longitude 076°18′52″ W., thence southwest to latitude 37°01′00″ N., longitude 076°18′54″ W., thence south to Route 143 causeway at latitude 37°00′44″ N., longitude 076°18′58″ W., thence east along the shoreline to point of origin. Buffer area B: All waters bounded by a line connecting the following points: Latitude 37°01′08″ N., longitude 076°18′49″ W., thence east to latitude 37°01′08″ N., longitude 076°18′23″ W., thence south to latitude 37°00′33″ N., longitude 076°18′23″ W., thence west to latitude 37°00′33″ N., longitude 076°18′30″ W., thence north to latitude 37°01′03″ N., longitude 076°18′30″ W., thence west to latitude 37°01′03″ N., longitude 076°18′49″ W., thence north to point of origin. Spectator area: All waters bounded by a line connecting the following points: Latitude 37°01′08″ N., longitude 076°18′23″ W., thence east to latitude 37°01′08″ N., longitude 076°18′14″ W., thence south to latitude 37°00′54″ N., longitude 076°18′14″ W., thence southwest to latitude 37°00′37″ N., longitude 076°18′23″ W., thence north to point of origin. 7 September 1st Friday, Saturday and Sunday or 2nd Friday, Saturday and Sunday Hampton Virginia Bay Days Festival Hampton Bay Days Inc The waters of Sunset Creek and Hampton River shore to shore bounded to the north by the I-64 Bridge over the Hampton River and to the south by a line drawn from Hampton River Channel Light 16 (LL 5715), located at latitude 37°01′03″ N., longitude 076°20′26″ W., to the finger pier across the river at Fisherman's Wharf, located at latitude 37°01′01.5″ N., longitude 076°20′32″ W. 8 September—last Sunday or October—1st or 2nd Sunday Poquoson Seafood Festival Workboat Races City of Poquoson The waters of the Back River, Poquoson, Virginia. Race area: The area is bounded on the north by a line drawn along latitude 37°06′30″ N., bounded on the south by a line drawn along latitude 37°06′15″ N., bounded on the east by a line drawn along longitude 076°18′52″ W., and bounded on the west by a line drawn along longitude 076°19′30″ W. Buffer area: The waters of Back River extending 200 yards outwards from east and west boundary lines, and 100 yards outwards from the north and south boundary lines described in this section. Spectator area: Is located along the south boundary line of the buffer area described in this section and continues to the south for 300 yards. 9 June—3rd Saturday and Sunday or 4th Saturday and Sunday Mattaponi Drag Boat Race Mattaponi Volunteer Rescue Squad and Dive Team All waters of Mattaponi River immediately adjacent to Rainbow Acres Campground, King and Queen County, Virginia. The regulated area includes a section of the Mattaponi River approximately three-quarter mile long and bounded in width by each shoreline, bounded to the east by a line that runs parallel along longitude 076°52′43″ W., near the mouth of Mitchell Hill Creek, and bounded to the west by a line that runs parallel along longitude 076°53′41″ W., just north of Wakema, Virginia. Buffer area: The waters of Mattaponi River extending 200 yards outwards from east and west boundary lines described in this section. Spectator area: The regulated area cannot accommodate spectator vessels due to limitations posed by shallow water and insufficient waters to provide adequate separation between race course and other vessels. Spectators are encouraged to view the race from points along the adjacent shoreline. (d.) Coast Guard Sector North Carolina—COTP Zone 1 September—4th or last Saturday and or Sunday Swim the Loop and Motts Channel Sprint Without Limits Coaching, Inc All waters surrounding Harbor Island, NC including Intracoastal waterway, Lees Cut, Banks Channel and Motts Channel. Enforcement area extends approximately 100 yards from the shoreline of Harbor Island and is bounded by a line connecting the following points; latitude 34°12′55″ N., longitude 077°48′59″ W., thence northeast to latitude 34°13′16″ N., longitude 077°48′39″ W. thence southeast to latitude 34°13′06″ N., longitude 077°48′18″ W., thence east to latitude 34°13′12″ N., longitude 077°47′41″ W., thence southeast to latitude 34°13′06″ N., longitude 077°47′33″ W., thence south to latitude 34°12′31″ N., longitude 077°47′47″ W., thence southwest to latitude 34°12′11″ N., longitude 077°48′01″ W., thence northwest to latitude 34°12′29″ N., longitude 077°48′29″ W., thence north to latitude 34°12′44″ N., longitude 077°48′32″ W., thence northwest to point of origin. 2 September—3rd, 4th or last Saturday; October—last Saturday; November—1st and or 2nd Saturday Wilmington YMCA Triathlon Wilmington, NC, YMCA The waters of, and adjacent to, Wrightsville Channel, from Wrightsville Channel Day beacon 14 (LLNR 28040), located at latitude 34°12′18″ N., longitude 077°48′10″ W., to Wrightsville Channel Day beacon 25 (LLNR 28080), located at latitude 34°12′51″ N., longitude 77°48′53″ W. 3 August—2nd Saturday The Crossing Organization to Support the Arts, Infrastructure, and Learning on Lake Gaston, AKA O'SAIL All waters of Lake Gaston, from shoreline to shoreline, directly under the length of Eaton Ferry Bridge (NC State Route 903), latitude 36°31′06″ N., longitude 077°57′37″ W., bounded to the west by a line drawn parallel and 100 yards from the western side of Eaton Ferry Bridge near Littleton, NC. 1 As noted in paragraph (f) of this section, the enforcement period for each of the listed special local regulations is subject to change.
    PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 3. 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, 160.5; Department of Homeland Security Delegation No. 0170.1.

    § 165.506 [Amended]
    4. Revise § 165.506 to read as follows:
    § 165.506 Safety Zones; Fireworks Displays in the Fifth Coast Guard District.

    (a) Regulations. (1) The general regulations contained in 33 CFR 165.23 apply.

    (2) The following regulations apply to the fireworks safety zones listed in the Table to § 165.506. These regulations will be enforced annually, for the duration of each fireworks event listed in the Table to § 165.506. In the case of inclement weather, the event may be conducted on the day following the date listed in the Table to § 165.506. Annual notice of the exact dates and times of the enforcement period of the regulation with respect to each safety zone, the geographical area, and other details concerning the nature of the fireworks event will be published in Local Notices to Mariners and via Broadcast Notice to Mariners over VHF-FM marine band radio.

    (3) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port, Coast Guard Patrol Commander or the designated on-scene-patrol personnel. Those personnel are comprised of commissioned, warrant, and petty officers of the U.S. Coast Guard. Other Federal, State and local agencies may assist these personnel in the enforcement of the safety zone. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed.

    (b) Notification. (1) Fireworks barges and launch sites on land that operate within the regulated areas contained in the Table to § 165.506 will have a sign affixed to the port and starboard side of the barge or mounted on a post 3 feet above ground level when on land immediately adjacent to the shoreline and facing the water labeled “FIREWORKS—DANGER—STAY AWAY”. This will provide on scene notice that the safety zone will be enforced on that day. This notice will consist of a diamond shaped sign 4 feet by 4 feet with a 3-inch orange retro reflective border. The word “DANGER” shall be 10 inch black block letters centered on the sign with the words “FIREWORKS” and “STAY AWAY” in 6 inch black block letters placed above and below the word “DANGER” respectively on a white background.

    (2) Coast Guard Captains of the Port in the Fifth Coast Guard District will notify the public of the enforcement of these safety zones by all appropriate means to affect the widest publicity among the affected segments of the public. Publication in the Local Notice to Mariners, marine information broadcasts, and facsimile broadcasts may be made for these events, beginning 24 to 48 hours before the event is scheduled to begin, to notify the public.

    (c) Contact information. Questions about safety zones and related events should be addressed to the local Coast Guard Captain of the Port for the area in which the event is occurring. Contact information is listed below. For a description of the geographical area of each Coast Guard Sector—Captain of the Port zone, please see 33 CFR 3.25.

    (1) Coast Guard Sector Delaware Bay—Captain of the Port Zone, Philadelphia, Pennsylvania: (215) 271-4940.

    (2) Coast Guard Sector Baltimore—Captain of the Port Zone, Baltimore, Maryland: (410) 576-2525.

    (3) Coast Guard Sector Hampton Roads—Captain of the Port Zone, Norfolk, Virginia: (757) 483-8567.

    (4) Coast Guard Sector North Carolina—Captain of the Port Zone, Wilmington, North Carolina: (877) 229-0770 or (910) 362-4015.

    (d) Enforcement periods. The safety zones in the Table to § 165.506 will be enforced from 5:30 p.m. to 1 a.m. each day a barge with a “FIREWORKS—DANGER—STAY AWAY” sign on the port and starboard side is on-scene or a “FIREWORKS—DANGER—STAY AWAY” sign is posted on land adjacent to the shoreline, in a location listed in the Table to § 165.506. Vessels may not enter, remain in, or transit through the safety zones during these enforcement periods unless authorized by the Captain of the Port or designated Coast Guard patrol personnel on scene. The enforcement periods for each Safety Zone in the Table to § 165.506 of this section are subject to change, but the duration of enforcement would remain the same or nearly the same total amount of time as stated in its table. In the event of a change, or for enforcement periods listed that do not allow a specific date or dates to be determined, the Captain of the Port will provide notice by publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcast Notice to Mariners.

    Table to § 165.506 [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983] No. Enforcement period(s) 1 Location Safety zone—regulated area (a.) Coast Guard Sector Delaware Bay—COTP Zone 1 July 2nd, 3rd, 4th or 5th North Atlantic Ocean, Bethany Beach, DE; Safety Zone The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate position latitude 38°32′08″ N., longitude 075°03′15″ W., adjacent to shoreline of Bethany Beach, DE. 2 Labor Day Indian River Bay, DE; Safety Zone All waters of the Indian River Bay within a 700 yard radius of the fireworks launch location on the pier in approximate position latitude 38°36′42″ N., longitude 075°08′18″ W. 3 July 2nd, 3rd or 4th North Atlantic Ocean, Rehoboth Beach, DE; Safety Zone All waters of the North Atlantic Ocean within a 360 yard radius of the fireworks barge in approximate position latitude 38°43′01.2″ N., longitude 075°04′21″ W., approximately 400 yards east of Rehoboth Beach, DE. 4 July 2nd, 3rd, 4th or 5th North Atlantic Ocean, Avalon, NJ; Safety Zone The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 39°06′19.5″ N., longitude 074°42′02.15″ W., in the vicinity of the shoreline at Avalon, NJ. 5 July 2nd, 3rd, or 4th, or September 1st—2nd Saturday Barnegat Bay, Barnegat Township, NJ; Safety Zone The waters of Barnegat Bay within a 500 yard radius of the fireworks barge in approximate position latitude 39°44′50″ N., longitude 074°11′21″ W., approximately 500 yards north of Conklin Island, NJ. 6 July 2nd, 3rd, 4th or 5th North Atlantic Ocean, Cape May, NJ; Safety Zone The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 38°55′36″ N., longitude 074°55′26″ W., immediately adjacent to the shoreline at Cape May, NJ. 7 July 2nd, 3rd, 4th or 5th Delaware Bay, North Cape May, NJ; Safety Zone All waters of the Delaware Bay within a 360 yard radius of the fireworks barge in approximate position latitude 38°58′00″ N., longitude 074°58′30″ W. 8 July 2nd, 3rd, 4th or 5th. August—3rd Sunday Great Egg Harbor Inlet, Margate City, NJ; Safety Zone All waters within a 500 yard radius of the fireworks barge in approximate location latitude 39°19′33″ N., longitude 074°31′28″ W., on the Intracoastal Waterway near Margate City, NJ. 9 July 2nd, 3rd, 4th or 5th. August every Thursday; September 1st Thursday Metedeconk River, Brick Township, NJ; Safety Zone The waters of the Metedeconk River within a 300 yard radius of the fireworks launch platform in approximate position latitude 40°03′24″ N., longitude 074°06′42″ W., near the shoreline at Brick Township, NJ. 10 July—2nd, 3rd, 4th or 5th North Atlantic Ocean, Atlantic City, NJ; Safety Zone The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge located at latitude 39°20′58″ N., longitude 074°25′58″ W., and within 500 yard radius of a fireworks barge located at latitude 39°21′12″ N., longitude 074°25′06″ W., near the shoreline at Atlantic City, NJ. 11 July 2nd, 3rd, 4th or 5th. October—1st or 2nd Saturday North Atlantic Ocean, Ocean City, NJ; Safety Zone The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 39°16′22″ N., longitude 074°33′54″ W., in the vicinity of the shoreline at Ocean City, NJ. 12 May—4th Saturday Barnegat Bay, Ocean Township, NJ; Safety Zone All waters of Barnegat Bay within a 500 yard radius of the fireworks barge in approximate position latitude 39°47′33″ N., longitude 074°10′46″ W. 13 July 2nd, 3rd, 4th or 5th Little Egg Harbor, Parker Island, NJ; Safety Zone All waters of Little Egg Harbor within a 500 yard radius of the fireworks barge in approximate position latitude 39°34′18″ N., longitude 074°14′43″ W., approximately 100 yards north of Parkers Island. 14 September—3rd Saturday Delaware River, Chester, PA; Safety Zone All waters of the Delaware River near Chester, PA just south of the Commodore Barry Bridge within a 250 yard radius of the fireworks barge located in approximate position latitude 39°49′43.2″ N., longitude 075°22′42″ W. 15 September—3rd Saturday Delaware River, Essington, PA; Safety Zone All waters of the Delaware River near Essington, PA, west of Little Tinicum Island within a 250 yard radius of the fireworks barge located in the approximate position latitude 39°51′18″ N., longitude 075°18′57″ W. 16 July 2nd, 3rd, 4th or 5th; Columbus Day; December 31st, January 1st Delaware River, Philadelphia, PA; Safety Zone All waters of Delaware River, adjacent to Penns Landing, Philadelphia, PA, bounded from shoreline to shoreline, bounded on the south by a line running east to west from points along the shoreline at latitude 39°56′31.2″ N., longitude 075°08′28.1″ W.; thence to latitude 39°56′29″.1 N., longitude 075°07′56.5″ W., and bounded on the north by the Benjamin Franklin Bridge. 17 July 2nd, 3rd, 4th or 5th N. Atlantic Ocean, Sea Isle City, NJ; Safety Zone All waters of N. Atlantic Ocean within a 350 yard radius of a fireworks barge located approximately at position latitude 39°08′49.5″ N., longitude 074°41′25.1″ W., near Sea Isle City, NJ. 18 April 8th; July 2nd, 3rd, 4th or 5th; December 31st Rehoboth Bay, DE; Safety Zone All waters within a 500 yard radius of a fireworks barge located at position latitude 38°41′21″ N., longitude 075°05′00″ W. at Rehoboth Bay near Dewey Beach, DE. (b.) Coast Guard Sector Baltimore—COTP Zone 1 April—1st or 2nd Saturday Washington Channel, Upper Potomac River, Washington, DC; Safety Zone All waters of the Upper Potomac River within 170 yards radius of the fireworks barge in approximate position latitude 38°52′20.3″ N., longitude 077°01′17.5″ W., located within the Washington Channel in Washington Harbor, DC. 2 July 4th; December—1st and 2nd Saturday; December 31st Severn River and Spa Creek, Annapolis, MD; Safety Zone All waters of the Severn River and Spa Creek within a 300 yard radius of the fireworks barge in approximate position 38°58′41.76″ N., 076°28′34.2″ W., located near the entrance to Spa Creek, Annapolis, MD. 3 July—4th, or Saturday before or after Independence Day holiday Middle River, Baltimore County, MD; Safety Zone All waters of the Middle River within a 300 yard radius of the fireworks barge in approximate position latitude 39°17′45″ N., longitude 076°23′49″ W., approximately 300 yards east of Rockaway Beach, near Turkey Point. 4 December 31 Upper Potomac River, Washington, DC; Safety Zone All waters of the Upper Potomac River within a 300 yard radius of the fireworks barge in approximate position 38°48′14″ N., 077°02′10″ W., located near the waterfront (King Street) at Alexandria, Virginia. 5 June 14th; July 4th; September—2nd Saturday; December 31st Northwest Harbor (East Channel), Patapsco River, MD; Safety Zone All waters of the Patapsco River within a 300 yard radius of the fireworks barge in approximate position 39°15′55″ N., 076°34′35″ W., located adjacent to the East Channel of Northwest Harbor. 6 May—2nd or 3rd Thursday or Friday; July 4th; December 31st Baltimore Inner Harbor, Patapsco River, MD; Safety Zone All waters of the Patapsco River within a 100 yard radius of the fireworks barge in approximate position latitude 39°17′01″ N., longitude 076°36′31″ W., located at the entrance to Baltimore Inner Harbor, approximately 125 yards southwest of pier 3. 7 May—2nd or 3rd Thursday or Friday; July 4th December 31st Baltimore Inner Harbor, Patapsco River, MD; Safety Zone The waters of the Patapsco River within a 100 yard radius of approximate position latitude 39°17′04″ N., longitude 076°36′36″ W., located in Baltimore Inner Harbor, approximately 125 yards southeast of pier 1. 8 July 4th; December 31st. Northwest Harbor (West Channel) Patapsco River, MD; Safety Zone All waters of the Patapsco River within a 300 yard radius of the fireworks barge in approximate position latitude 39°16′21″ N., longitude 076°34′38″ W., located adjacent to the West Channel of Northwest Harbor. 9 July—4th, or Saturday before or after Independence Day holiday Patuxent River, Calvert County, MD; Safety Zone All waters of the Patuxent River within a 200 yard radius of the fireworks barge located at latitude 38°19′17″ N., longitude 076°27′45″ W., approximately 800 feet from shore at Solomons Island, MD. 10 July 3rd Chesapeake Bay, Chesapeake Beach, MD; Safety Zone All waters of the Chesapeake Bay within a 150 yard radius of the fireworks barge in approximate position latitude 38°41′36″ N., longitude 076°31′30″ W., and within a 150 yard radius of the fireworks barge in approximate position latitude 38°41′28″ N., longitude 076°31′29″ W., located near Chesapeake Beach, Maryland. 11 July 4th Choptank River, Cambridge, MD; Safety Zone All waters of the Choptank River within a 300 yard radius of the fireworks launch site at Great Marsh Point, located at latitude 38°35′06″ N., longitude 076°04′46″ W. 12 July—2nd, 3rd or last Saturday Potomac River, Fairview Beach, Charles County, MD; Safety Zone All waters of the Potomac River within a 300 yard radius of the fireworks barge in approximate position latitude 38°19′57″ N., longitude 077°14′40″ W., located north of the shoreline at Fairview Beach, Virginia. 13 May—last Saturday; July 4th Potomac River, Charles County, MD; Mount Vernon, Safety Zone All waters of the Potomac River within an area bound by a line drawn from the following points: latitude 38°42′30″ N., longitude 077°04′47″ W.; thence to latitude 38°42′18″ N., longitude 077°04′42″ W.; thence to latitude 38°42′11″ N., longitude 077°05′10″ W.; thence to latitude 38°42′22″ N., longitude 077°05′12″ W.; thence to point of origin located along the Potomac River shoreline at George Washington's Mount Vernon Estate, Fairfax County, VA. 14 October—1st Saturday Dukeharts Channel, Potomac River, MD; Safety Zone All waters of the Potomac River within a 300 yard radius of the fireworks barge in approximate position latitude 38°13′27″ N., longitude 076°44′48″ W., located adjacent to Dukeharts Channel near Coltons Point, Maryland. 15 July—day before Independence Day holiday and July 4th; November—3rd Thursday, 3rd Saturday and last Friday; December—1st, 2nd and 3rd Friday Potomac River, National Harbor, MD; Safety Zone All waters of the Potomac River within an area bound by a line drawn from the following points: latitude 38°47′13″ N., longitude 077°00′58″ W.; thence to latitude 38°46′51″ N., longitude 077°01′15″ W.; thence to latitude 38°47′25″ N., longitude 077°01′33″ W.; thence to latitude 38°47′32″ N., longitude 077°01′08″ W.; thence to the point of origin, located at National Harbor, Maryland. 16 Sunday before or after July 4th, July 4th Susquehanna River, Havre de Grace, MD; Safety Zone All waters of the Susquehanna River within a 300 yard radius of approximate position latitude 39°32′06″ N., longitude 076°05′22″ W., located on the island at Millard Tydings Memorial Park. 17 June and July—Saturday before Independence Day holiday Miles River, St. Michaels, MD; Safety Zone All waters of the Miles River within a 200 yard radius of approximate position latitude 38°47′42″ N., longitude 076°12′51″ W., located at the entrance to Long Haul Creek. 18 July 3rd Tred Avon River, Oxford, MD; Safety Zone All waters of the Tred Avon River within a 150 yard radius of the fireworks barge in approximate position latitude 38°41′24″ N., longitude 076°10′37″ W., approximately 500 yards northwest of the waterfront at Oxford, MD. 19 July 3rd Northeast River, North East, MD; Safety Zone All waters of the Northeast River within a 300 yard radius of the fireworks barge in approximate position latitude 39°35′26″ N., longitude 075°57′00″ W., approximately 400 yards south of North East Community Park. 20 July—1st, 2nd or 3rd Saturday Upper Potomac River, Washington, DC; Safety Zone All waters of the Upper Potomac River within a 300 yard radius of the fireworks barge in approximate position 38°48′38″ N., 077°01′56″ W., located east of Oronoco Bay Park at Alexandria, Virginia. 21 March through October, at the conclusion of evening MLB games at Washington Nationals Ball Park Anacostia River, Washington, DC; Safety Zone All waters of the Anacostia River within a 150 yard radius of the fireworks barge in approximate position latitude 38°52′13″ N., longitude 077°00′16″ W., located near the Washington Nationals Ball Park. 22 June—last Saturday or July—1st Saturday; July—3rd, 4th or last Saturday or September—Saturday before Labor Day (observed) Potomac River, Prince William County, VA; Safety Zone All waters of the Potomac River within a 200 yard radius of the fireworks barge in approximate position latitude 38°34′09″ N., longitude 077°15′32″ W., located near Cherry Hill, Virginia. 23 July 4th North Atlantic Ocean, Ocean City, MD; Safety Zone All waters of the North Atlantic Ocean in an area bound by the following points: latitude 38°19′39.9″ N., longitude 075°05′03.2″ W.; thence to latitude 38°19′36.7″ N., longitude 075°04′53.5″ W.; thence to latitude 38°19′45.6″ N., longitude 075°04′49.3″ W.; thence to latitude 38°19′49.1″ N., longitude 075°05′00.5″ W.; thence to point of origin. The size of the safety zone extends approximately 300 yards offshore from the fireworks launch area located at the high water mark on the beach. 24 May—Sunday before Memorial Day (observed). June 29th; July 4th and July every Sunday. August—1st Sunday and Sunday before Labor Day (observed) Isle of Wight Bay, Ocean City, MD; Safety Zone All waters of Isle of Wight Bay within a 200 yard radius of the fireworks barge in approximate position latitude 38°22′31″ N., longitude 075°04′34″ W. 25 July 4th Assawoman Bay, Fenwick Island—Ocean City, MD; Safety Zone All waters of Assawoman Bay within a 360 yard radius of the fireworks launch location on the pier at the West end of Northside Park, in approximate position latitude 38°25′55″ N., longitude 075°03′53″ W. 26 July 4th; December 31st Baltimore Harbor, Baltimore Inner Harbor, MD; Safety Zone All waters of Baltimore Harbor, Patapsco River, within a 280 yard radius of a fireworks barge in approximate position latitude 39°16′36.7″ N., longitude 076°35′53.8″ W., located northwest of the Domino Sugar refinery wharf at Baltimore, Maryland. 27 Thursday before July 4th (observed); and or July 4th Chester River, Kent Island Narrows, MD, Safety Zone All waters of Chester River, Kent Narrows North Approach, within a 300 yard radius of the fireworks launch site at Kent Island in approximate position latitude 38°58'44.4” N., longitude 076°14'51.7” W., in Queen Anne's County, MD. 28 Sunday before or after July 4th, July 4th Susquehanna River, Havre de Grace, MD; Safety Zone All waters of the Susquehanna River within a 300 yard radius of the fireworks barge in approximate position latitude 39°32′42″ N., longitude 076°04′29″ W., located east of the waterfront at Havre de Grace, MD. (c.) Coast Guard Sector Hampton Roads—COTP Zone 1 July 4th Linkhorn Bay, Virginia Beach, VA, Safety Zone All waters of the Linkhorn Bay within a 400 yard radius of the fireworks display in approximate position latitude 36°52′20″ N., longitude 076°00′38″ W., located near the Cavalier Golf and Yacht Club, Virginia Beach, Virginia. 2 September—last Friday or October—1st Friday York River, West Point, VA, Safety Zone All waters of the York River near West Point, VA within a 400 yard radius of the fireworks display located in approximate position latitude 37°31′25″ N., longitude 076°47′19″ W. 3 July 4th York River, Yorktown, VA, Safety Zone All waters of the York River within a 400 yard radius of the fireworks display in approximate position latitude 37°14′14″ N., longitude 076°30′02″ W., located near Yorktown, Virginia. 4 July 4th, July 5th, July 6th, or July 7th James River, Newport News, VA, Safety Zone All waters of the James River within a 325 yard radius of the fireworks barge in approximate position latitude 36°58′30″ N., longitude 076°26′19″ W., located in the vicinity of the Newport News Shipyard, Newport News, Virginia. 5 June—4th Friday; July—1st Friday; July 4th Chesapeake Bay, Norfolk, VA, Safety Zone All waters of the Chesapeake Bay within a 400 yard radius of the fireworks display located in position latitude 36°57′21″ N., longitude 076°15′00″ W., located near Ocean View Fishing Pier. 6 July 4th or 5th Chesapeake Bay, Virginia Beach, VA, Safety Zone All waters of the Chesapeake Bay 400 yard radius of the fireworks display in approximate position latitude 36°55′02″ N., longitude 076°03′27″ W., located at the First Landing State Park at Virginia Beach, Virginia. 7 July 4th; December 31st, January—1st Elizabeth River, Southern Branch, Norfolk, VA, Safety Zone All waters of the Elizabeth River Southern Branch in an area bound by the following points: latitude 36°50′54.8″ N., longitude 076°18′10.7″ W.; thence to latitude 36°51′7.9″ N., longitude 076°18′01″ W.; thence to latitude 36°50′45.6″ N., longitude 076°17′44.2″ W.; thence to latitude 36°50′29.6″ N., longitude 076°17′23.2″ W.; thence to latitude 36°50′7.7″ N., longitude 076°17′32.3″ W.; thence to latitude 36°49′58″ N., longitude 076°17′28.6″ W.; thence to latitude 36°49′52.6″ N., longitude 076°17′43.8″ W.; thence to latitude 36°50′27.2″ N., longitude 076°17′45.3″ W. thence to the point of origin. 8 July—3rd Saturday John H. Kerr Reservoir, Clarksville, VA, Safety Zone All waters of John H. Kerr Reservoir within a 400 yard radius of approximate position latitude 36°37′51″ N., longitude 078°32′50″ W., located near the center span of the State Route 15 Highway Bridge. 9 June, July, August, and September—every Wednesday, Thursday, Friday, Saturday and Sunday. July 4th North Atlantic Ocean, Virginia Beach, VA, Safety Zone. A All waters of the North Atlantic Ocean within a 1000 yard radius of the center located near the shoreline at approximate position latitude 36°51′12″ N., longitude 075°58′06″ W., located off the beach between 17th and 31st streets. 10 September—last Saturday or October—1st Saturday North Atlantic Ocean, VA Beach, VA, Safety Zone. B All waters of the North Atlantic Ocean within a 350 yard radius of approximate position latitude 36°50′35″ N., longitude 075°58′09″ W., located on the 14th Street Fishing Pier. 11 Friday, Saturday and Sunday Labor Day Weekend North Atlantic Ocean, VA Beach, VA, Safety Zone. C All waters of the North Atlantic Ocean within a 350 yard radius of approximate position latitude 36°49′55″ N., longitude 075°58′00″ W., located off the beach between 2nd and 6th streets. 12 July 4th Nansemond River, Suffolk, VA, Safety Zone All waters of the Nansemond River within a 350 yard radius of approximate position latitude 36°44′27″ N., longitude 076°34′42″ W., located near Constant's Wharf in Suffolk, VA. 13 July 4th Chickahominy River, Williamsburg, VA, Safety Zone All waters of the Chickahominy River within a 400 yard radius of the fireworks display in approximate position latitude 37°14′50″ N., longitude 076°52′17″ W., near Barrets Point, Virginia. 14 July—3rd, 4th and 5th Great Wicomico River, Mila, VA, Safety Zone All waters of the Great Wicomico River located within a 420 foot radius of the fireworks display at approximate position latitude 37°50′31″ N., longitude 076°19′42″ W. near Mila, Virginia. 15 July—1st Friday, Saturday and Sunday Cockrell's Creek, Reedville, VA, Safety Zone All waters of Cockrell's Creek located within a 420 foot radius of the fireworks display at approximate position latitude 37°49′54″ N., longitude 076°16′44″ W. near Reedville, Virginia. 16 May—last Sunday James River, Richmond, VA, Safety Zone All waters of the James River located within a 420 foot radius of the fireworks display at approximate position latitude 37°31′13.1″ N., longitude 077°25′07.84″ W. near Richmond, Virginia. 17 June—last Saturday Rappahannock River, Tappahannock, VA, Safety Zone All waters of the Rappahannock River located within a 400 foot radius of the fireworks display at approximate position latitude 37°55′12″ N., longitude 076°49′12″ W. near Tappahannock, Virginia. 18 July 4th, August—1st Friday, Saturday and Sunday, and December 31st Cape Charles Harbor, Cape Charles, VA, Safety Zone All waters of Cape Charles Harbor located within a 375 foot radius of the fireworks display at approximate position latitude 37°15′46.5″ N., longitude 076°01′30.3″ W. near Cape Charles, Virginia. 19 July 3rd or 4th Pagan River, Smithfield, VA, Safety Zone All waters of the Pagan River located within a 420 foot radius of the fireworks display at approximate position latitude 36°59′18″ N., longitude 076°37′45″ W. near Smithfield, Virginia. 20 July 4th Sandbridge Shores, Virginia Beach, VA, Safety Zone All waters of Sandbridge Shores located within a 300 foot radius of the fireworks display at approximate position latitude 36°43′24.9″ N., longitude 075°56′24.9″ W. near Virginia Beach, Virginia. 21 July 4th, 5th or 6th Chesapeake Bay, Virginia Beach, VA, Safety Zone All waters of Chesapeake Bay located within a 600 foot radius of the fireworks display at approximate position latitude 36°54′58.18″ N., longitude 076°06′44.3″ W. near Virginia Beach, Virginia. 22 July 3rd, 4th and 5th Urbanna Creek, Urbanna, VA; Safety Zone All waters of Urbanna Creek within a 350 foot radius of the fireworks launch site at latitude 37°38′09″ N., longitude 076°34′03″ W., located on land near the east shoreline of Urbanna Creek and south of Bailey Point. 23 April—August, every Friday and Saturday; July 2nd, 3rd, 4th and 5th; last Sunday in August; and Friday, Saturday and Sunday of Labor day weekend Elizabeth River Eastern Branch, Norfolk, VA; Safety Zone All waters of the Eastern Branch of Elizabeth River within the area along the shoreline immediately adjacent to Harbor Park Stadium ball park and outward into the river bound by a line drawn from latitude 36°50′29.65″ N., longitude 076°16′48.9″ W., thence south to 36°50′28.79″ N., longitude 076°16′49.12″ W., thence east to 36°50′26.74″ N., longitude 076°16′39.54″ W., thence north to 36°50′27.7″ N., longitude 076°16′39.36″ W. terminating at the SW corner of Harbor Park finger pier. (d.) Coast Guard Sector North Carolina—COTP Zone 1 July 4th; October—1st Saturday Morehead City Harbor Channel, NC, Safety Zone All waters of the Morehead City Harbor Channel that fall within a 360 yard radius of latitude 34°43′01″ N., longitude 076°42′59.6″ W., a position located at the west end of Sugar Loaf Island, NC. 2 April—2nd Saturday; July 4th; August—3rd Monday; October—1st Saturday Cape Fear River, Wilmington, NC, Safety Zone All waters of the Cape Fear River within an area bound by a line drawn from the following points: Latitude 34°13′54″ N., longitude 077°57′06″ W.; thence northeast to latitude 34°13′57″ N., longitude 077°57′05″ W.; thence north to latitude 34°14′11″ N., longitude 077°57′07″ W.; thence northwest to latitude 34°14′22″ N., longitude 077°57′19″ W.; thence east to latitude 34°14′22″ N., longitude 077°57′06″ W.; thence southeast to latitude 34°14′07″ N., longitude 077°57′00″ W.; thence south to latitude 34°13′54″ N., longitude 077°56′58″ W.; thence to the point of origin, located approximately 500 yards north of Cape Fear Memorial Bridge. 3 July 1st Saturday and July 4th Green Creek and Smith Creek, Oriental, NC, Safety Zone All waters of Green Creek and Smith Creek that fall within a 300 yard radius of the fireworks launch site at latitude 35°01′29.6″ N., longitude 076°42′10.4″ W., located near the entrance to the Neuse River in the vicinity of Oriental, NC. 4 July 4th Pasquotank River, Elizabeth City, NC, Safety Zone All waters of the Pasquotank River within a 300 yard radius of the fireworks launch barge in approximate position latitude 36°17′47″ N., longitude 076°12′17″ W., located approximately 400 yards north of Cottage Point, NC. 5 July 4th, or July 5th Currituck Sound, Corolla, NC, Safety Zone All waters of the Currituck Sound within a 300 yard radius of the fireworks launch site in approximate position latitude 36°22′23.8″ N., longitude 075°49′56.3″ W., located near Whale Head Bay. 6 July 4th; November—3rd Saturday Middle Sound, Figure Eight Island, NC, Safety Zone All waters of the Figure Eight Island Causeway Channel from latitude 34°16′32″ N., longitude 077°45′32″ W., thence east along the marsh to a position located at latitude 34°16′19″ N., longitude 077°44′55″ W., thence south to the causeway at position latitude 34°16′16″ N., longitude 077°44′58″ W., thence west along the shoreline to position latitude 34°16′29″ N., longitude 077°45′34″ W., thence back to the point of origin. 7 June—2nd Saturday; July 4th Pamlico River, Washington, NC, Safety Zone All waters of Pamlico River and Tar River within a 300 yard radius of latitude 35°32′25″ N., longitude 077°03′42″ W., a position located on the southwest shore of the Pamlico River, Washington, NC. 8 July 4th Neuse River, New Bern, NC, Safety Zone All waters of the Neuse River within a 360 yard radius of the fireworks barge in approximate position latitude 35°06′07.1″ N., longitude 077°01′35.8″ W.; located 420 yards north of the New Bern, Twin Span, high-rise bridge. 9 July 4th Edenton Bay, Edenton, NC, Safety Zone All waters within a 300 yard radius of position latitude 36°03′04″ N., longitude 076°36′18″ W., approximately 150 yards south of the entrance to Queen Anne Creek, Edenton, NC. 10 July 4th. November—Saturday following Thanksgiving Day Motts Channel, Banks Channel, Wrightsville Beach, NC, Safety Zone All waters of Motts Channel within a 500 yard radius of the fireworks launch site in approximate position latitude 34°12′29″ N., longitude 077°48′27″ W., approximately 560 yards south of Sea Path Marina, Wrightsville Beach, NC. 11 July 4th Cape Fear River, Southport, NC, Safety Zone All waters of the Cape Fear River within a 600 yard radius of the fireworks barge in approximate position latitude 33°54′40″ N., longitude 078°01′18″ W., approximately 700 yards south of the waterfront at Southport, NC. 12 July 4th Big Foot Slough, Ocracoke, NC, Safety Zone All waters of Big Foot Slough within a 300 yard radius of the fireworks launch site in approximate position latitude 35°06′54″ N., longitude 075°59′24″ W., approximately 100 yards west of the Silver Lake Entrance Channel at Ocracoke, NC. 13 August—1st Tuesday New River, Jacksonville, NC, Safety Zone All waters of the New River within a 300 yard radius of the fireworks launch site in approximate position latitude 34°44′45″ N., longitude 077°26′18″ W., approximately one half mile south of the Hwy 17 Bridge, Jacksonville, North Carolina. 14 July 4th Pantego Creek, Belhaven, NC, Safety Zone All waters on the Pantego Creek within a 600 foot radius of the launch site on land at position 35°32′35″ N., 076°37′46″ W. 15 July 4th Atlantic Intracoastal Waterway, Swansboro, NC, Safety Zone All waters of the Atlantic Intracoastal Waterway within a 300 yard radius of approximate position latitude 34°41′02″ N., longitude 077°07′04″ W., located on Pelican Island. 16 September—4th or last Saturday Shallowbag Bay, Manteo, NC; Safety Zone All waters of Shallowbag Bay within a 200 yard radius of a fireworks barge anchored at latitude 35°54′31″ N., longitude 075°39′42″ W. 17 May—3rd Saturday Pasquotank River; Elizabeth City, NC; Safety Zone All waters of the Pasquotank River within a 300 yard radius of the fireworks barge at latitude 36°17′47″ N., longitude 076°12′17″ W., located north of Cottage Point at the shoreline of the Pasquotank River. 18 October—2nd Saturday Atlantic Intracoastal Waterway; Bogue Inlet, Swansboro, NC; Safety Zone All waters of the Atlantic Intracoastal Waterway within a 300 yard radius of the fireworks launch site at latitude 34°41′02″ N., longitude 077°07′04″ W., located at Bogue Inlet, near Swansboro, NC. 1 As noted in paragraph (d) of this section, the enforcement period for each of the listed safety zones is subject to change.
    Dated: April 5, 2016. Robert J. Tarantino, Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District Acting.
    [FR Doc. 2016-09288 Filed 4-21-16; 8:45 am] BILLING CODE 9110-04-M
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0187] Drawbridge Operation Regulation; Newark Bay, Jersey City, NJ 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 Lehigh Valley Drawbridge across the Newark Bay, mile 4.3, at Jersey City, New Jersey. This deviation is necessary to allow the bridge owner to replace rails and ties at the bridge. This deviation allows the bridge to remain closed for 26 hours for two days.

    DATES:

    This deviation is effective from 7 a.m. on June 5, 2016 to 7 p.m. on June 13, 2016.

    ADDRESSES:

    The docket for this deviation, [USCG-2016-0187] 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 Joe M. Arca, Project Officer, First Coast Guard District, telephone (212) 514-4336, email [email protected]

    SUPPLEMENTARY INFORMATION:

    The Lehigh Valley Drawbridge across Newark Bay, mile 4.3, at Jersey City, New Jersey, has a vertical clearance in the closed position of 35 feet at mean high water and 39 feet at mean low water. The existing bridge operating regulations are found at 33 CFR 117.5.

    The waterway is transited by seasonal recreational vessels and commercial vessels of various sizes.

    The bridge owner, Consolidated Rail Corporation (CONRAIL), requested a temporary deviation from the normal operating schedule to facilitate replacement of the rails and ties at the bridge.

    Under this temporary deviation, the Lehigh Valley Drawbridge may remain in the closed position for 26 hours, from 7 a.m. to 9 p.m. on June 5, 2016 and from 7 a.m. to 7 p.m. on June 6, 2016, and a rain date from 7 a.m. to 9 p.m. on June 12, 2016 and from 7 a.m. to 7 p.m. on June 13, 2016.

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

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

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

    Dated: April 18, 2016. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District.
    [FR Doc. 2016-09310 Filed 4-21-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0309] Drawbridge Operation Regulation; Arthur Kill, Staten Island, New York 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 Arthur Kill (AK) Railroad Bridge across Arthur Kill, mile 11.6, between Staten Island, New York and Elizabeth, New Jersey. This deviation allows the bridge to remain in the closed position to facilitate bridge inspection.

    DATES:

    This deviation is effective from 7:28 a.m. on July 16, 2016, to 5:41 p.m. July 24, 2016.

    ADDRESSES:

    The docket for this deviation [USCG-2016-0309] 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. Joe Arca, Project Officer, First Coast Guard District, telephone (212) 514-4336, email [email protected]

    SUPPLEMENTARY INFORMATION:

    The AK Railroad Bridge, across Arthur Kill, mile 11.6, between Staten Island, New York and Elizabeth, New Jersey has a vertical clearance in the closed position of 31 feet at Mean High Water and 35 feet at Mean Low Water. The existing drawbridge operation regulations are listed at 33 CFR 117.702.

    The waterway supports both commercial and recreational navigation of various vessel sizes. The operator of the bridge, Consolidated Rail Corporation (Conrail), requested a temporary deviation to facilitate scheduled bridge inspection of the movable span of the bridge. The bridge must remain in the closed position to perform this inspection.

    Under this temporary deviation, the AK Railroad Bridge may remain in the closed position as follows:

    On July 16, 2016 from 7:28 a.m. to 11:31 a.m. and from 1:31 p.m. to 5:48 p.m. On July 17, 2016 from 8:16 a.m. to 12:17 p.m. and 2:17 p.m. to 6:29 p.m. On July 23, 2016 from 6:32 a.m. to 10:29 a.m. and from 12:29 p.m. to 4:47 p.m. On July 24, 2016 from 7:16 a.m. to 11:22 a.m. and from 1:22 p.m. to 5:41 p.m.

    Vessels able to pass through the bridge in the closed positions may do so at anytime. There are no alternate routes for vessel traffic. The bridge can be opened in an emergency. 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), 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: April 19, 2016. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District.
    [FR Doc. 2016-09347 Filed 4-21-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0115] RIN 1625-AA00 Safety Zone; Xterra Swim, Myrtle Beach, SC Intracoastal Waterway; Myrtle Beach, SC AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a temporary safety zone on the waters of the Intracoastal Waterway in Myrtle Beach, South Carolina on Sunday, April 24, 2016 for the Xterra Swim. The temporary safety zone is necessary for the safety of the swimmers, participant vessels, spectators, and the general public during the event. The temporary safety zone will restrict vessel traffic in a portion of the Intracoastal Waterway, preventing non-participant vessels 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.

    DATES:

    This rule is effective on April 24, 2016.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov type USCG-2016-0115 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 NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History

    On February 8, 2016, Set Up Events notified the Coast Guard that it will sponsor the Xterra Myrtle Beach Swim from 7:15 a.m. to 9:15 a.m. on April 24, 2016. In response, on March 3, 2016, the Coast Guard published a notice of proposed rulemaking (NPRM) titled, Safety Zone; Xterra Swim, Myrtle Beach, SC Intracoastal Waterway; Myrtle Beach, SC [2016 FR 04664]. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this special local regulation. During the comment period that ended April 4, 2016, we received no comments.

    Under good cause provisions in 5 U.S.C. 553(d)(3), we are making this rule effective less than 30 days after its publication in the Federal Register. The Coast Guard finds that good cause exists for making this rule effective starting April 24, 2016 because the Coast Guard did not receive notice of this event in time to publish an NPRM and publish a final rule 30 days before the event. The Coast Guard also finds good cause for making this rule effective less than 30 days after publication in the Federal Register because the public was provided details of the event on March 3, 2016 in the NPRM and designated representatives will be on scene to help the public understand how to comply with this rule.

    III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's Authority to establish a safety zone: 33 U.S.C. 1231. The purpose of the proposed rule is to ensure safety of life on the navigable water of the United States during the swim portion of the Xterra Myrtle Beach Triathlon

    IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published March 3, 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 from 7:15 to 9:15 a.m. on April 24, 2016. The safety zone will cover a portion of Atlantic Intracoastal Waterway in Myrtle Beach, South Carolina. Approximately 75 swimmers are anticipated to participate in the race. Persons and vessels desiring to enter, transit through, anchor in, 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, anchor in, or remain within the regulated area is granted, 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

    Executive Orders 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. Executive Order 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 Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget.

    The economic impact of this rule is not significant for the following reasons: (1) The temporary safety zone would be enforced for only two hours; (2) although persons and vessels would not be able to enter, transit through, anchor in, or remain within the regulated area without authorization from the Captain of the Port Charleston or a designated representative, they would be able to operate in the surrounding area during the enforcement periods; (3) persons and vessels would still be able to enter, transit through, anchor in, or remain within the regulated area if authorized by the Captain of the Port Charleston or a designated representative; and (4) the Coast Guard would provide advance notification of the regulated area 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 no 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. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator.

    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 made a preliminary determination 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 temporary safety zone issued in conjunction with a regatta or marine parade. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction.

    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

    Marine safety, Navigation (water), Reporting and recordkeeping requirements, 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. 1226, 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, and 160.5; Department of Homeland Security Delegation No. 0170.1.

    2. Add a temporary § 165.T07-0115 to read as follows:
    § 100.T07-0115 Safety Zone; Xterra Swim, Myrtle Beach SC.

    (a) Regulated area. A temporary safety zone is established on certain waters of Intracoastal Waterway, Myrtle Beach, South Carolina. The temporary safety zone consists of all waters between the following two points of position and the North shore: 33°45.076′ N, 78°50.790′ W to 33°45.323′ N, 78°50.214′ W. All coordinates are North American Datum 1983.

    (b) Definition. As used in this section, “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, except persons and vessels participating in the Xterra Swim, Myrtle Beach, or serving as safety vessels.

    (2) Persons and vessels desiring to enter, transit through, anchor in, 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, anchor in, or remain within the regulated area is granted, 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 Marine Safety Information Bulletins, Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives.

    (d) Enforcement period. This rule will be enforced on April 24, 2016 from 7:15 a.m. until 9:15 a.m.

    Dated: April 18, 2016. G. L. Tomasulo, Captain, U.S. Coast Guard, Captain of the Port Charleston.
    [FR Doc. 2016-09345 Filed 4-21-16; 8:45 am] BILLING CODE 9110-04-P
    POSTAL SERVICE 39 CFR Part 20 International Product Changes AGENCY:

    Postal ServiceTM.

    ACTION:

    Final rule.

    SUMMARY:

    The Postal Service is revising Mailing Standards of the United States Postal Service, International Mail Manual (IMM®), to reflect classification changes to Competitive Services, as established by the Governors of the Postal Service.

    DATES:

    The effective date of this rule is June 3, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Paula Rabkin at 202-268-2537.

    SUPPLEMENTARY INFORMATION:

    New classification changes are available under Docket Number MC2016-118 on the Postal Regulatory Commission's Web site at http://www.prc.gov.

    This final rule describes the international classification changes and the corresponding mailing standards changes for the following Competitive Service:

    Priority Mail International

    Priority Mail International® service provides reliable and affordable international delivery service to more than 180 countries. The price for Priority Mail International service is unchanged. The following classification changes are made to support the shift of certain volumes to the air parcel stream:

    Priority Mail International Flat Rate Envelopes and Small Flat Rate Priced Boxes

    Currently, the Postal Service dispatches Priority Mail International Flat Rate Envelopes and Small Flat Rate Priced Boxes in the letter post stream, while all other Priority Mail International items are dispatched in the air parcel stream. We are moving the Priority Mail International Flat Rate Envelopes and Small Flat Rate Priced Boxes to the air parcel stream so that these items can receive the expanded access to tracking and insurance available to all other Priority Mail International items.

    List of Subjects in 39 CFR Part 20

    Foreign relations, International postal services.

    The Postal Service hereby adopts the following changes to Mailing Standards of the United States Postal Service, International Mail Manual (IMM), which is incorporated by reference in the Code of Federal Regulations. See 39 CFR 20.1. Accordingly, 39 CFR part 20 is amended as follows:

    PART 20—[AMENDED] 1. The authority citation for 39 CFR part 20 continues to read as follows: Authority:

    5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-1737; 39 U.S.C. 101, 401, 403, 404, 407, 414, 416, 3001-3011, 3201-3219, 3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.

    2. Revise the following sections of Mailing Standards of the United States Postal Service, International Mail Manual (IMM), as follows: Mailing Standards of the United States Postal Service, International Mail Manual (IMM) 1 International Mail Services 120 Preparation for Mailing 123 Customs Forms and Online Shipping Labels 123.6 Required Usage 123.61 Conditions

    [Revise the second sentence of item c to read as follows:]

    c. * * * In certain circumstances, this might require the mailer to send the mailpiece via Priority Mail Express International service or Priority Mail International service.

    Exhibit 123.61

    Customs Declaration Form Usage by Mail Category

    [Revise the noted sections of the Exhibit as follows: (1) Replace the three separate Priority Mail International sections with just one section; (2) revise the last row of the First-Class Mail International section; (3) revise the first row of the First-Class Package International Service section; and (4) revise the footnote, all to read as follows:] Type of item Declared value, weight, or physical characteristic Required form Comment
  • (if applicable)
  • *         *         *         *         *         *         * Priority Mail International Items All Priority Mail International items All values 2976-A All items mailed in USPS-produced Priority Mail International packaging (including Flat Rate Envelopes and Small Flat Rate Priced Boxes) or any other container bearing a Priority Mail sticker or marked with the words “Priority Mail” are considered to be within the scope of this requirement. First-Class Mail International Letters and Large Envelopes (Flats), Including International Priority Airmail (IPA) Items and International Surface Air Lift (ISAL) Items (Maximum weight limit: 4 pounds) *         *         *         *         *         *         * All items containing any goods, regardless of weight *      *      *      *      * Over $400 Prohibited Items over $400 must be mailed using Global Express Guaranteed service, Priority Mail Express International service, or Priority Mail International service. First-Class Package International Service Packages (Small Packets), Including IPA Items and ISAL Items (Maximum weight limit: 4 pounds) All First-Class Package International Service packages (small packets), as defined in 251.2, regardless of contents *      *      *      *      * Over $400 Prohibited Items over $400 must be mailed using Global Express Guaranteed service, Priority Mail Express International service, or Priority Mail International. *         *         *         *         *         *         * * Qualifying items must meet the physical characteristics in 241.235. For example, the following items do not meet this requirement and must bear PS Form 2976: (1) First-Class Package International Service items and (2) IPA and ISAL packages (small packets) containing only documents.
    130 Mailability 134 Valuable Articles 134.1 Service Options

    [Revise item b to read as follows:]

    b. Priority Mail International service.

    140 International Mail Categories 141 Definitions 141.4 Priority Mail International

    [Revise 141.4 in its entirety to read as follows:]

    Priority Mail International is subject to the provisions of the Universal Postal Union Parcel Convention. This classification is primarily designed to accommodate larger and heavier shipments whose size and/or weight exceeds the limits for First-Class Mail International Service or First-Class Package International Service. For countries that offer parcel service, maximum weight limits range from 22 pounds to 70 pounds. To determine the maximum weight limit for each country, see the Individual Country Listings. At the sender's option, extra services, such as additional merchandise insurance coverage and return receipt service, may be added on a country-specific basis.

    Priority Mail International Flat Rate Envelopes and Small Flat Rate Priced Boxes provide customers with an economical means of sending correspondence, documents, printed matter, and lightweight merchandise items to foreign destinations. The maximum weight limit is 4 pounds. Registered Mail service is not available for Priority Mail International Flat Rate Envelopes and Small Flat Rate Priced Boxes. At the sender's option, extra services, such as additional merchandise insurance coverage and return receipt service, may be added to Priority Mail International Flat Rate Envelopes and Small Flat Rate Priced Boxes on a country-specific basis.

    2 Conditions for Mailing 230 Priority Mail International 231 Description and Physical Characteristics 231.1 General

    [Revise the text to read as follows:]

    Priority Mail International service is considered a parcel stream for mail exchange purposes.

    232 Eligibility

    [Revise the title and text of 232.1 in its entirety to read as follows (replacing current section 232.11 and deleting current section 232.12):]

    232.1 Priority Mail International Flat Rate Envelopes and Small Flat Rate Priced Boxes—General

    Correspondence, negotiable and nonnegotiable documents, printed matter, and lightweight merchandise items may be sent in Priority Mail International Flat Rate Envelopes or Small Flat Rate Priced Boxes provided the contents are mailable, they fit securely in the envelope or box, and they are entirely confined within the container with the provided adhesive as the means of closure. The flap must close within the prefabricated fold. Tape may be applied to the flap and seams for closure or for reinforcement, provided the design of the container is not enlarged by opening the sides and taping or reconstructing the container in any way. Refer to the Individual Country Listings for additional prohibitions for each country. Priority Mail International Flat Rate Envelopes and Small Flat Rate Priced Boxes containing merchandise are insured against loss, damage, or missing contents up to $200 at no additional charge. Additional merchandise insurance may be available, depending on country and value. Priority Mail International Flat Rate Envelopes and Small Flat Rate Priced Boxes containing only nonnegotiable documents are insured against loss, damage, or missing contents up to $100 for document reconstruction at no additional charge. See Exhibit 322.2 and the Individual Country Listings for insurance availability, limitations, and coverage. Registered Mail service is not available.

    232.6 Customs Forms Required 232.61 Priority Mail International Flat Rate Envelopes and Small Flat Rate Priced Boxes

    [Revise the text in its entirety to read as follows:]

    Each Priority Mail International Flat Rate Envelope and each Priority Mail International Small Flat Rate Priced Box must bear a properly completed PS Form 2976-A.

    232.7 Mail Sealed Against Inspection

    [Revise the text to read as follows:]

    No Priority Mail International items (USPS-produced Flat Rate Boxes, Flat Rate Envelopes, and Small Flat Rate Priced Boxes; USPS-produced Tyvek envelopes; or customer-supplied boxes and envelopes) are sealed against inspection. Regardless of physical closure, the mailing of Priority Mail International items constitutes consent by the mailer to inspection of the contents.

    232.8 Priority International Insurance and Indemnity 232.81 Indemnity

    [Revise the first sentence to read as follows:]

    Priority Mail International items containing merchandise are insured against loss, damage, or missing contents up to $200 at no additional charge.* * *

    232.9 Extra Services

    [Delete 232.91 “Certificate of Mailing” and 232.93 “Registered Mail Service,” renumber 232.92 as 232.91, and renumber 232.94 as 232.92:]

    232.91 Merchandise Insurance

    [Revise the first sentence to read as follows:]

    Merchandise insurance that provides coverage greater than the included $200 merchandise insurance is available for Priority Mail International items to many countries. * * *

    232.92 Return Receipt Service

    [Revise the text in its entirety to read as follows:]

    Return receipt service is available for purchase to certain destinations (see the Individual Country Listings for availability) for Priority Mail International items, including Priority Mail International Small Flat Rate Priced Boxes, and Priority Mail International Flat Rate Envelopes. See 340 for preparation procedures.

    240 First-Class Mail International 242 Eligibility 242.2 Customs Forms Required 242.21 Dutiable Merchandise

    The following conditions apply to dutiable merchandise mailed with First-Class Mail International service:

    [Revise item d to read as follows:]

    d. The maximum value for dutiable merchandise is $400. Items exceeding $400 must be mailed using Global Express Guaranteed service, Priority Mail Express International service, or Priority Mail International service.

    250 First-Class Package International Service 252 Eligibility 252.1 Content

    [Revise the last sentence to read as follows:]

    * * * Items exceeding $400 must be mailed using Global Express Guaranteed service, Priority Mail Express International service, or Priority Mail International service.

    270 Free Matter for the Blind 272 Eligibility 272.6 Extra Services

    [Revise items a and b to read as follows:]

    a. Registered Mail service for First-Class Mail International items and First-Class Package International Service items.

    b. Additional merchandise insurance service for Priority Mail International Flat Rate Envelopes and Small Flat Rate Priced Boxes up to 4 pounds and Priority Mail International items up to 15 pounds.

    3 Extra Services 310 Certificate of Mailing 311 Individual Pieces 311.2 Availability 311.21 At Time of Purchase

    [Delete items e and f and redesignate item g as item e

    312 Bulk Quantities—Certificate of Mailing 312.2 Availability 312.21 At Time of Entry

    [Delete items e and f and redesignate item g as item e]

    320 Insurance 323 Priority Mail International Insurance 323.1 Description

    [Revise the text to read as follows:]

    Priority Mail International shipments containing merchandise are insured against loss, damage, or missing contents up to $200 at no additional charge. Priority Mail International shipments containing only nonnegotiable documents are insured against loss, damage, or missing contents up to $100 for document reconstruction at no additional charge. Indemnity is paid by the U.S. Postal Service as provided in 933. For a fee, the sender may purchase additional insurance to protect against loss, damage, or missing contents for Priority Mail International items containing merchandise, subject to individual country limitations. Additional document reconstruction insurance may not be purchased. If the item has been lost, or if it has been delivered to the addressee in damaged condition or with missing contents, payment is made to the sender unless the sender waives the right to payment, in writing, in favor of the addressee.

    323.2 Availability

    [Revise the text in its entirety to read as follows:]

    Merchandise insurance above the included $200 amount is available for all Priority Mail International items, to certain countries. See Exhibit 322.2.

    330 Registered Mail 332 Availability

    [Revise the text to read in its entirety to read as follows:]

    Customers may purchase Registered Mail service for items that weigh up to 4 pounds. Registered Mail service is not available with Global Express Guaranteed, Priority Mail Express International, or Priority Mail International service or any type of M-bag service. See Individual Country Listings for additional country-specific prohibitions and restrictions. Registered Mail service is available for the following types of mail:

    a. First-Class Mail International items, including Free Matter for the Blind items.

    b. First-Class Package International Service items, including Free Matter for the Blind items.

    340 Return Receipt 341 Description

    [Revise the first sentence to read as follows:]

    PS Form 2865, Return Receipt for International Mail (Avis de Reception), is a pink card that is attached to a registered item or a Priority Mail International item at the time of mailing and that is removed and signed at the point of delivery and returned to the sender. * * *

    342 Availability

    [Revise the first sentence to read as follows:]

    Return receipts can be purchased only at the time of mailing and are available only for a registered item or a Priority Mail International item. * * *

    4 Treatment of Outbound Mail 420 Unpaid and Shortpaid Mail 423 Shortpaid Mail 423.2 Disposition

    [Revise the heading for 423.23 to read as follows:]

    423.23 Priority Mail International Items 423.231 Items Paid With a Permit Imprint or USPS-Produced PVI Label

    [Revise the text to read as follows:]

    Regardless of the amount of deficiency, consider as paid in full each shortpaid Priority Mail International item that is paid with a permit imprint or USPS-produced postage validation imprinter (PVI) label, and dispatch it to the appropriate International Service Center (ISC).

    423.232 Items Paid With Any Other Postage Payment Method

    [Revise the first sentence to read as follows:]

    The disposition of a shortpaid Priority Mail International item paid with a postage payment method other than a permit imprint or USPS-produced PVI label is based on the amount of the deficiency, as follows: * * *

    [After item b2, delete the Note]

    [Revise the heading of 423.24 to read as follows:]

    423.24 First-Class Mail International Items (including Postcards), First-Class Package International Service Items, and Airmail M-bags 423.241 Items Paid With a Permit Imprint or USPS-Produced PVI Label

    [Revise the text to read as follows:]

    Regardless of the amount of deficiency, consider as paid in full each shortpaid First-Class Mail International item (including a postcard), First-Class Package International Service item, and Airmail M-bag that is paid with a permit imprint or USPS-produced postage validation imprinter (PVI) label, and dispatch it to the appropriate International Service Center (ISC).

    423.242 Items Paid With Any Other Postage Payment Method

    [Revise the introductory text to read as follows:]

    The disposition of a shortpaid First-Class Mail International item (including a postcard), First-Class Package International Service item, and Airmail M-bag that is paid with a postage payment method other than a permit imprint or USPS-produced PVI label is based on the amount of the deficiency, as follows: * * *

    7 Treatment of Inbound Mail 770 Undeliverable Mail 771 Mail of Domestic Origin 771.5 Return Charges for Letter-post Items 771.51 General

    [In the list, omit items a and b, and redesignate items c through g as items a through e]

    9 Inquiries, Indemnities, and Refunds 920 Inquiries and Claims 921 Inquiries 921.2 Initiating an Inquiry

    [Revise the first two sentences to read as follows:]

    Inquiries can be initiated for Global Express Guaranteed (GXG) items, Priority Mail Express International items, Priority Mail International items, and registered items. Inquiries are not accepted for ordinary letters or M-bags. * * *

    Exhibit 921.2

    Time Limits for Inquiries

    [Revise the last row to read as follows:]

    Product or extra service Who When to file an inquiry (from mailing date) No sooner than No later than *         *         *         *         *         *         * Priority Mail International or Registered Mail Sender or Addressee 4 7 days 6 months. *         *         *         *         *         *         * 921.4 Inquiry Process

    [Revise the second sentence to read as follows:]

    * * * For inquiries on Priority Mail International items or Registered Mail items, customers must allow foreign posts approximately 60 days to research and respond to the International Research Group. * * *

    921.5 General Procedures 921.51 Nondelivery

    [Revise the text to read as follows:]

    The U.S. Postal Service will initiate an inquiry within the time frames specified in 921.2 with the destination postal administration in any case involving a Priority Mail Express International item, a registered item, or a Priority Mail International item that has not been delivered. Inquiries are not accepted for ordinary letters or M-bags. For nondelivery of Global Express Guaranteed shipments, see 212.46.

    Country Price Groups and Weight Limits

    [Revise footnote 4 to apply only to Cuba; delete footnote 5; revise the information for Ascension, Bolivia, the Falkland Islands, and Korea, Democratic People's Republic of (North Korea):]

    4 Cuba: only Priority Mail International Flat Rate Envelopes and Small Flat Rate Priced Boxes (maximum weight: 4 lbs. each) may be used.

    Country Global express guaranteed Price group Max. wt. (lbs.) Priority mail express
  • international
  • Price group Max. wt. (lbs.) PMEI flat rate
  • envelopes
  • price group 1
  • Priority mail
  • international
  • Price group Max. wt. (ozs./lbs.) PMI flat rate
  • envelopes and boxes price group 2
  • First-class mail
  • international and
  • first-class package
  • international service
  • Price group Max. wt. (ozs./lbs.) 3
    Ascension n/a n/a n/a n/a n/a n/a n/a n/a 7 3.5/4 Bolivia 8 70 9 66 2 n/a n/a n/a 9 3.5/4 Cuba n/a n/a n/a n/a n/a n/a n/a 4 8 9 3.5/4 Falkland Islands n/a n/a n/a n/a n/a n/a n/a n/a 9 3.5/4 Korea, Democratic People's Republic of (North Korea) n/a n/a n/a n/a n/a n/a n/a n/a 6 3.5/4
    Country Conditions for Mailing Priority Mail International (230)

    [For each country that lists Priority Mail International insurance, change the parenthetical cross-reference in the heading to “232.91” and revise the text to read as follows:]

    Insurance (232.91)

    Available for Priority Mail International merchandise only (see 323.72 for markings)

    Customs Forms Required (123)

    [For each country that lists Priority Mail International, revise the text to read as follows:]

    All Priority Mail International items:

    PS Form 2976-A inside PS Form 2976-E (envelope)

    Free Matter for the Blind (270)

    [For each country that lists Free Matter for the Blind, revise the second sentence to read as follows:]

    Free when sent as Priority Mail International parcels. Weight limit: 15 pounds.

    Customs Form Required (123)

    [For each country that lists Free Matter for the Blind customs form information, revise the text to read as follows:]

    First-Class Mail International items or First-Class Package International Service items:

    PS Form 2976 as required (see 123.61)

    Priority Mail International items (including Priority Mail International Flat Rate Envelopes and Priority Mail International Small Flat Rate Priced Boxes):

    PS Form 2976-A inside PS Form 2976-E (envelope)

    Extra Services Registered Mail (330)

    [For each country that lists Registered Mail service, revise the “availability” paragraph to read as follows:]

    Available only for First-Class Mail International, including postcards, First-Class Package International Service, and Free Matter for the Blind sent as First-Class Mail International and First-Class Package International Service.

    Return Receipt (340)

    [For each country that lists Return Receipt service, revise the “availability” paragraph to read as follows:]

    Available for Registered Mail and Priority Mail International only.

    Ascension Country Conditions for Mailing

    [Revise the Priority Mail International section to read as follows:]

    Priority Mail International (230)

    Not Available.

    Bolivia Country Conditions for Mailing

    [Revise the introductory text to read as follows:]

    Priority Mail International service is suspended due to lack of available air transportation. This suspension of service does not affect other international mail categories currently available.

    [Revise the Priority Mail International section to read as follows:]

    Priority Mail International (230)

    Not Available.

    Falkland Islands Country Conditions for Mailing

    [Revise the Priority Mail International section to read as follows:]

    Priority Mail International (230)

    Not Available.

    Korea, Democratic People's Republic of (North Korea) Country Conditions for Mailing

    [Revise the Priority Mail International section to read as follows:]

    Priority Mail International (230)

    Not Available.

    We will publish an appropriate amendment to 39 CFR part 20 to reflect these changes.

    Stanley F. Mires, Attorney, Federal Compliance.
    [FR Doc. 2016-09213 Filed 4-21-16; 8:45 am] BILLING CODE 7710-12-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0618; FRL-9945-22-Region 4] Air Plan Approval; Tennessee: Knox County VOC Limits Revision for Permits AGENCY:

    Environmental Protection Agency.

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is taking direct final action to approve a portion of a revision to the Tennessee State Implementation Plan (SIP) submitted on March 14, 2014, by the State of Tennessee, through the Tennessee Department of Environmental Conservation (TDEC) on behalf of the Knox County Department of Air Quality Management (Knox County) to address changes to a Knox County regulation regarding permits. EPA has determined that Tennessee's requested SIP revision is consistent with the applicable provisions of the Clean Air Act (CAA or Act).

    DATES:

    This direct final rule is effective June 21, 2016 without further notice, unless EPA receives adverse comment by May 23, 2016. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R04-OAR-2015-0618 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Zuri Farngalo or D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Farngalo can be reached at (404) 562-9152 and via electronic mail at [email protected] Mr. Akers can be reached at (404) 562-9089 and via electronic mail at [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    On March 14, 2014, TDEC submitted to EPA several revisions to the Knox County portion of the Tennessee SIP. At this time, EPA is acting on one portion of the submittal: Section 25 of the Knox County Air Quality Management Regulations, Permits, has been revised to add regulations that streamline the permitting process for sources that have the potential to emit volatile organic compounds (VOC), and EPA is approving the incorporation of that revision into the Tennessee SIP. The submittal also included revisions to section 25.6, adding a permit exemption, and to section 26.5, adding a requirement that certain sources of oxides of nitrogen and VOC submit an annual emissions statement. The revision to section 25.6 was withdrawn from the submittal in an August 7, 2015, letter sent to EPA by TDEC on behalf of Knox County, a copy of which is included in the Docket for today's action. EPA approved the revision to section 26.5 on November 5, 2015. See 80 FR 68448. Therefore, today's final rule completes EPA's action with respect to the March 14, 2014, submittal.

    II. Analysis of Tennessee's Submittal

    The portion of Tennessee's March 14, 2014, SIP submittal that EPA is approving today is the addition to the Knox County Air Quality Management Regulations of section 25.11, Limiting a Source's Potential to Emit of VOC by Recordkeeping, which sets forth recordkeeping and reporting requirements for a source that has the potential to emit above the major-source threshold but that prefers to be a synthetic minor source (i.e., to accept limits lower than the major-source threshold of 100 tons per year). Section 25.11 establishes a three-tiered system of recordkeeping and reporting requirements, whereby sources that elect to set their limits at the highest threshold have the most stringent requirements and sources that opt for the lowest threshold have the least stringent requirements. These changes are consistent with “Guidance for State Rules for Optional Federally-Enforceable Emissions Limits Based on Volatile Organic Compound (VOC) Use” and “Potential to Emit (PTE) Guidance for Specific Source Categories,” which are both EPA memoranda issued by the Office of Air Quality Planning Standards. EPA has reviewed Tennessee's requested changes to the Knox County Air Quality Management Regulations, and has concluded that the addition of Section 25.11 is consistent with the CAA.

    III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Knox County Air Quality Management Regulations section 25.11, Limiting a Source's Potential to Emit of VOC by Recordkeeping. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information).

    IV. Final Action

    EPA is approving a portion of Tennessee's March 14, 2014, SIP revision addressing changes to a Knox County regulation regarding permits. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective June 21, 2016 without further notice unless the Agency receives adverse comments by May 23, 2016.

    If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on June 21, 2016 and no further action will be taken on the proposed rule.

    V. Statutory and Executive Order Reviews

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

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

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

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

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

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

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

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

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

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

    The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law.

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

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 21, 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: April 6, 2016. Heather McTeer Toney, Regional Administrator, Region 4.

    40 CFR part 52 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 RR—Tennessee 2. In § 52.2220, table 3 in paragraph (c) is amended by revising the entry for “Section 25.0” to read as follows:
    § 52.2220 Identification of plan.

    (c) * * *

    Table 3—EPA Approved Knox County, Regulations State section Title/subject State effective date EPA approval date Explanation *         *         *         *         *         *         * 25.0 Permits 3/12/2014 4/22/2016 [Insert Federal Register citation] *         *         *         *         *         *         *
    [FR Doc. 2016-09159 Filed 4-21-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [EPA-HQ-OAR-2011-0135; FRL-9941-85-OAR] RIN 2060-AS36 Amendments Related to: Tier 3 Motor Vehicle Emission and Fuel Standards AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is taking final action on technical corrections and clarifications withdrawn from a previous direct final rule that amended provisions from the April 2014 Tier 3 final rulemaking and the July 2014 Quality Assurance Program final rulemaking. The regulatory changes being finalized in this final rule correct errors identified by the commenters and provide more clarity in the regulations to ensure that the regulations properly reflect the requirements established in those rules.

    DATES:

    This final rule is effective on June 21, 2016.

    ADDRESSES:

    The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2011-0135. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Julia MacAllister, Office of Transportation and Air Quality, Assessment and Standards Division (ASD), Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor MI 48105; Telephone number: (734) 214-4131; [email protected]

    SUPPLEMENTARY INFORMATION:

    Does this action apply to me?

    Entities potentially affected by this rule include gasoline refiners and importers, ethanol producers, ethanol denaturant producers, butane and pentane producers, gasoline additive manufacturers, transmix processors, terminals, and fuel distributors.

    Potentially regulated categories include:

    Category NAICS a Code Examples of potentially affected entities Industry 324110 Petroleum refineries (including importers). Industry 325110 Butane and pentane manufacturers. Industry 325193 Ethyl alcohol manufacturing. Industry 324110, 211112 Ethanol denaturant manufacturers. Industry 211112 Natural gas liquids extraction and fractionation. Industry 325199 Other basic organic chemical manufacturing. Industry 486910 Natural gas liquids pipelines, refined petroleum products pipelines. Industry 424690 Chemical and allied products merchant wholesalers. Industry 325199 Manufacturers of gasoline additives. Industry 424710 Petroleum bulk stations and terminals. Industry 493190 Other warehousing and storage—bulk petroleum storage. a North American Industry Classification System (NAICS).

    This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that EPA is now aware could potentially be regulated by this action. Other types of entities not listed in the table could also be regulated. To determine whether your activities are regulated by this action, you should carefully examine the applicability criteria in the referenced regulations. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

    Table of Contents I. Introduction II. Quality Assurance Program Amendments III. Tier 3 Gasoline Sulfur Program Amendments IV. Statutory and Executive Order Reviews I. Introduction

    In this action we are finalizing amendments withdrawn from a February 2015 direct final rule and parallel Notice of Proposed Rulemaking (80 FR 9078 and 80 FR 8826, February 19, 2015). Both of those actions were initiated to correct and clarify various provisions of the Tier 3 Motor Vehicle Emission and Fuel Standards (“Tier 3”) rule without either expanding or making substantive changes to the applicable provisions. We also stated that if we received adverse comment by April 6, 2015, as to any part of the direct final rule, those parts would be withdrawn by publishing a timely notice in the Federal Register. We received adverse comment on three specific amendments—two provisions intended to correct and clarify portions of the Tier 3 rule (79 FR 23414, April 28, 2014) and one intended to clarify an aspect of the Renewable Fuel Standard (RFS) Renewable Identification Number (RIN) Quality Assurance Program (“QAP”) rule (79 FR 42078, July 18, 2014). We withdrew all of the proposed amendments that received adverse comment, and they did not take effect. These changes are discussed in Sections II and III.

    II. Quality Assurance Program Amendments for the Renewable Fuel Standard Program

    In the final QAP rule (79 FR 42078, July 18, 2014), the EPA added additional product transfer document (PTD) requirements for renewable fuels that informed parties who took ownership of renewable fuel that they would need to (a) use the fuel as it was intended, i.e., for transportation use; and (b) incur a renewable volume obligation (RVO) if the fuel was exported. Shortly after publication of the QAP final rule, we received questions on whether these PTD requirements would apply downstream to the end users, including residential heating oil owners and individuals filling up their vehicle fuel tanks at fuel retail stations. The EPA provides downstream end-user exemptions to the PTD requirements in other fuels programs, and the February 2015 direct final rule included similar exemptions for RFS PTD requirements. However, when the introductory text of 40 CFR 80.1453(a) was amended in the February 2015 direct final rule and parallel proposed rule to provide these exemptions for RFS PTD requirements, the words “custody or” were inadvertently added. The addition of the language “custody or” would have further changed this provision such that we would also be adding PTD requirements to the transfer of custody of renewable fuels, which was not our intent. We received several comments pointing out that this would be costly to industry and not beneficial to the RFS program. Commenters noted that applying PTD requirements to transfers of custody went beyond the PTD requirements of all other 40 CFR part 80 fuels programs, and would impose a new obligation on several parties in the fuel supply chain who otherwise do not have specific PTD obligations.

    The February 2015 direct final rule and parallel proposal also included an amendment to the introductory text of 40 CFR 80.1453(a)(12) to remove an extraneous reference to § 80.1433, as this section does not exist in the regulations (80 FR 9084, February 19, 2015). We did not receive any adverse comments on this amendment.

    In this action, we are finalizing the originally intended changes to 40 CFR 80.1453: In the introductory text of paragraph (a), we are providing downstream end-user exemptions to the PTD requirements in the RFS program similar to other EPA fuels programs, without the “custody or” language that was inadvertently added in the February 2015 direct final rule and parallel proposal; and, in the introductory text of paragraph (a)(12), we are deleting the extraneous reference to § 80.1433.

    III. Tier 3 Gasoline Sulfur Program Amendments

    After promulgation of the Tier 3 final rulemaking (79 FR 23414, April 28, 2014), we discovered some typographical errors and other imprecise language in the fuels regulations of 40 CFR part 80 that we believed would benefit from additional clarity. Subsequently, we published amendments to certain provisions, including 40 CFR 80.1616 and 80.1621 in the February 2015 direct final rule and parallel proposal (80 FR 9078 and 80 FR 8826, February 19, 2015). We explained that these amendments would correct and/or clarify various provisions of the Tier 3 rule without either expanding or making substantive changes to the applicable provisions. We received adverse comment on the amendments to 40 CFR 80.1616 and 80.1621. We are responding to those comments and finalizing changes to these provisions in this action, as described further below.

    A. Amendments to 40 CFR 80.1616

    In the parallel proposal, we proposed to amend 40 CFR 80.1616(a) to correct a numbering error. The regulations currently jump from paragraph (a)(3) to (a)(5), so we added a “Reserved” paragraph (a)(4) for continuity in the February direct final rule. We did not receive adverse comment on this amendment. We are now finalizing this amendment in this action.

    We also proposed a clarifying amendment to 40 CFR 80.1616(b)(2). In the April 2014 Tier 3 final rule, we finalized language in paragraph (b)(2) specifying that credits generated relative to the Tier 2 gasoline sulfur standard of 30 parts per million (ppm) will expire “after March 31, 2020, when the 2019 annual compliance report is due.” The intent of this language was to state that unused credits (that are still valid for use) that were generated relative to the 30 ppm Tier 2 gasoline sulfur standard would expire at the end of the 2019 compliance year (December 31, 2019), and must be reconciled in the 2019 annual compliance report. Refiners and importers are required to submit their annual compliance reports for the 2019 compliance year by March 31, 2020. (Compliance reports for a given year are due on March 31 of the following year.) We also note that in the Tier 3 final rule preamble we specified that all credits generated relative to the Tier 2 30 ppm sulfur standard prior to January 1, 2017 would be valid for five years or through December 31, 2019, whichever is earlier. (79 FR 23547, April 28, 2014.) In the Tier 3 Gasoline Sulfur program, as with all of our 40 CFR part 80 fuels programs, credits that expire on December 31 of a given year must be retired and reconciled in that year's annual compliance report, which is due on March 31 of the following year. The language we finalized in the Tier 3 final rule regulations was intended to express this. However, following promulgation of the Tier 3 final rule, we were contacted by regulated entities who believed that the language was confusing and suggested that we should edit the language to clarify that the credits themselves expire on December 31, 2019 and must be reconciled in the 2019 annual compliance report (due on March 31, 2020). We proposed to amend the language of 40 CFR 80.1616(b)(2) in the proposal accompanying the February 2015 direct final rule to make this clarification.

    We received adverse comments on the clarifying amendment regarding the expiration of the credits on December 31, 2019. These comments advocated for small refiners and small volume refineries to be allowed to use credits for five years in all cases (i.e., past December 31, 2019, for those credits where December 31, 2019 would be earlier than five years). The Tier 3 rule established January 1, 2020 as the date small refiners and small volume refineries must begin complying with the 10 ppm sulfur standard, and also as the date that credits generated relative to the Tier 2 program 30 ppm sulfur standard will no longer be available to use for compliance. EPA explained in the Tier 3 final rule (79 FR 23547, April 28, 2014), that it is important for the Tier 3 sulfur program to be fully implemented and enforceable beginning January 1, 2020, in part because it provides a date certain to give auto manufacturers greater confidence in designing their vehicles that the in-use sulfur level will be at a 10 ppm average. Allowing credits generated against the 30 ppm standard to be used for compliance with the 10 ppm standard past December 31, 2019 would likely allow higher sulfur levels to continue well beyond January 1, 2020.

    The proposed amendment to 40 CFR 80.1616(b)(2) was simply intended to ensure that the regulations clearly reflected EPA's interpretation of the applicable requirement,1 not to reopen the opportunity for comments on the issue of previous actions taken on credit generation and use periods for small refiners and small volume refineries. Therefore, EPA considers these comments as beyond the scope of the technical amendments. However, to the extent a response is required, we continue to believe that this issue was properly addressed in the April 2014 Tier 3 Final Rule, for the reasons stated above and in that rulemaking. Therefore, in this action, we are finalizing the amendment as originally published in the direct final rule.

    1 EPA does not believe that the prior language could reasonably be interpreted to allow regulated parties to use credits in compliance demonstrations after the 2019 demonstration due March 31, 2020, particularly in light of the preamble discussion, but proposed edits to remove any doubt regarding the last date to utilize credits and the due date of the associated compliance demonstration.

    B. Amendments to 40 CFR 80.1621

    Following publication of the April 2014 Tier 3 Final Rule, we were contacted by some refiners to clarify if or when small volume refineries could be disqualified from receiving small volume refinery status. At that time, we learned that a provision providing the disqualification criteria for small volume refineries had been inadvertently deleted from the regulatory text of the Tier 3 final rule. The regulations specified in 40 CFR 80.1622(e) that a “refiner who qualifies as a small refiner or small volume refinery under this subpart and subsequently fails to meet all the qualifying criteria as set out in §§ 80.1620 and 80.1621 will be disqualified pursuant to § 80.1620(f) or § 80.1621(d).” The criteria and process for disqualifying small refiners appears in 40 CFR 80.1620(f), but there is no 40 CFR 80.1621(d) that provides similar criteria for disqualifying small volume refineries. The provision was inadvertently deleted prior to publication of the Tier 3 rule. We proposed to restore the language that was intended to be included in 40 CFR part 80, and as previously noted, is currently referenced in 40 CFR 80.1622(e).

    We received adverse comment on the amendments to 40 CFR 80.1621 arguing that:

    • EPA neither proposed nor finalized disqualification criteria for small volume refineries for the April 2014 Tier 3 rule, and thus did not provide regulated entities the opportunity to comment on the 20-day notification requirement following disqualification, and further that the restoration of 40 CFR 80.1621(d) was not a technical amendment.

    • The wording of the February 2015 direct final rule and parallel proposal is confusing because it does not explicitly state exactly when and under which circumstances disqualification could occur.

    • Small volume refineries should not be constrained or treated differently than small refiners regarding disqualification, including in the case of growth or mergers.

    • The term “small refinery” was used instead of the correct term “small volume refinery.”

    • EPA did not clarify if credits could continue to be generated during the 30-month grace period allowed for a disqualified small volume refinery to come into compliance.

    • 40 CFR 80.1621 should be reorganized—disqualification criteria should not appear in this section of the regulations.

    Our intent in the February 2015 direct final rule and parallel proposal was to correct an inadvertent omission of regulatory text for the disqualification of small volume refineries as discussed in the Tier 3 final rule preamble. (This discussion can be found at 79 FR 23552-53, April 28, 2014.) We explained (in both the April 2014 Tier 3 final rule, and in the February 2015 actions) that the application process for qualification for small volume refinery status was similar to the process for small refiner status. We further explained that a small refiner that owned and operated a small volume refinery would only need to apply for small refiner status. As explained above, the fact that the deletion of 40 CFR 80.1621(d) was inadvertent can be seen from the cross-reference to this provision in 40 CFR 80.1622(e) in both the proposed and final Tier 3 rule regulations. Thus, as previously explained, the amendment was intended to fix an omission, which was merely to restore 40 CFR 80.1621(d).

    The inadvertent deletion of 40 CFR 80.1621(d) can be seen from the reference in 40 CFR 80.1622(e) in both the proposed and final regulations, which states that “A refiner who qualifies as a small refiner or small volume refinery under this subpart and subsequently fails to meet all the qualifying criteria as set out in §§ 80.1620 and 80.1621 will be disqualified pursuant to § 80.1620(f) or § 80.1621(d).” (79 FR 23662, April 28, 2014.) Further, the Tier 3 final rule preamble reflected our discussion of the similar treatment of both small volume refineries and small refiners, as evidenced by 40 CFR 80.1622. (79 FR 23549-23550, 23552-23553; April 28, 2014.) Moreover, the current small refiner disqualification provision at 40 CFR 80.1620(f), which contains both disqualification criteria and 20-day notification requirements, is analogous to the 40 CFR 80.1621(d) small volume refinery disqualification provision. Again, the April 2014 final Tier 3 rule intended for small refiner and small volume refinery qualification and disqualification for the Tier 3 program to be similar.

    Regarding the comments that EPA should clarify when a disqualifying event occurs, we note that this would not be retroactive. Rather, such disqualification would occur after the effective date of the amended 40 CFR 80.1621(d), which is being amended in this regulatory action. For example, a refiner whose refinery was approved as a small volume refinery in 2015 prior to the restoration of 40 CFR 80.1621(d) would not be disqualified before the effective date of this final rulemaking. As such, the 30-month grace period afforded to small refiners and small volume refineries to come into compliance with the Tier 3 sulfur standards would not begin until the point that the refiner or its refinery is disqualified.

    With regard to comments about the treatment of small volume refineries and small refiners with regard to growth or merger, we note that this is outside the scope of the rulemaking. While our intent with the Tier 3 program is to treat small refiners and small volume refineries similarly, there are some differences between small refiners and small volume refineries that require separate treatment, such as in the case of mergers.

    As explained in the Tier 3 final rule, the Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. As also explained in the preamble to the Tier 3 final rule, in accordance with the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act (RFA/SBREFA), we assessed the impacts of the rule on small entities. For refiners, a small entity is defined in the Small Business Administration's size standards 2 as a refiner whose company-wide employee count is 1,500 employees or fewer across all of the refiner's facilities. Small volume refineries are individual facilities—and these facilities may be owned by a refiner that does not meet the definition of a small entity. This assessment can be found in Section XII.C of the preamble to the Tier 3 final rule (79 FR 23624-26, April 28, 2014).

    2 13 CFR 121.201.

    Further, we finalized a “small volume refinery” definition in the Tier 3 program because, as stated in the preambles to both the proposed and final rulemakings, our modeling during the development of the Tier 3 program showed that the cost of compliance could be higher for certain facilities. We explained that some of these facilities, which may be owned by refiners that would not qualify as small entities, could potentially benefit from additional time for compliance with the Tier 3 program. Thus, we included flexibilities for small volume refineries that are similar to those for small refiners.3

    3 79 FR 23549, April 28, 2014.

    We note that the Tier 3 program's small volume refinery provisions are separate from the RFS program's small refinery provisions. The RFS program is required by statute to provide specific provisions for small refineries.4 While EPA chose to use the same 75,000 barrel threshold for Tier 3 small volume refineries that the RFS program uses for small refineries, we note that the choice to extend flexibilities to small volume refineries in the Tier 3 program was not a statutory requirement as with the RFS program. With the exception of the RFS program, the Tier 3 program is the first EPA fuels program under 40 CFR part 80 in which we have offered flexibilities based on facility size.

    4 CAA section 211(o)(1)(K).

    Regarding comments requesting more clarity in the language of 40 CFR 80.1621(d), we note that the February 2015 direct final rule and parallel proposal used the imprecise term “small refinery” in place of the correct term “small volume refinery,” and we are correcting this language in this action. As disqualification is not meant to disallow the generation and use of credits during the 30-month period that is afforded to small refiners and small volume refineries to come into compliance with the Tier 3 program following a disqualifying event, clarifying language is also being added with this action. Lastly, we believe the comments regarding organization of this section of the regulations are outside of the scope. We also note that this organization is used in both the small refiner and small volume refinery provisions, to ensure that aspects of small refiner and small volume refinery qualification and related requirements were intentionally contained in the same sections of the regulations to provide a more streamlined approach for these parties to locate this information.

    Thus, in this action, we are finalizing the restoration of 40 CFR 80.1621(d), with changes to ensure that the correct terminology (“small volume refinery”) is used, and to clarify when a disqualifying event could occur and that credits can be generated during the 30-month period following disqualification.

    IV. 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 a significant regulatory action that was submitted to the Office of Management and Budget (OMB) for review. Any changes made in response to OMB recommendations have been documented in the docket.

    B. Paperwork Reduction Act

    This action does not impose any new information collection burden under the PRA, since it merely clarifies and corrects existing regulatory language. OMB has previously approved the information collection activities contained in the existing regulations and has assigned OMB control numbers as noted in the table below.

    Regulatory citation Item OMB Control No. 40 CFR part 80 In-use fuel standards 2060-0437 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. 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 relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This rule merely clarifies and corrects existing regulatory language. We therefore anticipate no costs and therefore no regulatory burden associated with this rule. We have therefore concluded that this action will have no net regulatory burden for all directly regulated small entities.

    D. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments. Requirements for the private sector do not exceed $100 million in any one year.

    E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in Executive Order 13175. This rule merely corrects and clarifies regulatory provisions. Tribal governments would be affected only to the extent they purchase and use regulated vehicles or engines. 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 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 Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

    This action is not a “significant energy action” because it is not likely to have a significant adverse effect on the supply, distribution or use of energy.

    I. National Technology Transfer Advancement Act

    This rulemaking does not involve technical standards.

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

    This action is not expected to have any adverse human health or environmental impacts; as a result, the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations.

    K. Congressional Review Act

    This action is subject to the CRA, 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 80

    Environmental protection, Administrative practice and procedure, Air pollution control, Confidential business information, Diesel fuel, Fuel additives, Gasoline, Imports, Penalties, Petroleum, Reporting and recordkeeping requirements.

    Dated: April 12, 2016. Gina McCarthy, Administrator.

    For the reasons set forth in the preamble, EPA amends 40 CFR part 80 as follows:

    PART 80—REGULATION OF FUELS AND FUEL ADDITIVES 1. The authority citation for part 80 continues to read as follows: Authority:

    42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

    Subpart M—Renewable Fuel Standard 2. Section 80.1453 is amended by revising paragraphs (a) introductory text and (a)(12) introductory text to read as follows:
    § 80.1453 What are the product transfer document (PTD) requirements for the RFS program?

    (a) On each occasion when any party transfers ownership of neat and/or blended renewable fuels, except when such fuel is dispensed into motor vehicles or nonroad vehicles, engines, or equipment, or separated RINs subject to this subpart, the transferor must provide to the transferee documents that include all of the following information, as applicable:

    (12) For the transfer of renewable fuel for which RINs were generated, an accurate and clear statement on the product transfer document of the fuel type from Table 1 to § 80.1426, and designation of the fuel use(s) intended by the transferor, as follows:

    Subpart O—Gasoline Sulfur 3. Section 80.1616 is amended by adding and reserving paragraph (a)(4) and revising paragraph (b)(2) to read as follows:
    § 80.1616 Credit use and transfer.

    (a) * * *

    (4) [Reserved]

    (b) * * *

    (2) Credits generated under § 80.1615(b) through (d) are valid for use for five years after the year in which they are generated, except that any CRa credits generated in 2015 and 2016 and any remaining CRT2 credits will expire and become invalid after December 31, 2019 (with the 2019 annual compliance report, due March 31, 2020).

    4. Section 80.1621 is amended by adding and reserving paragraph (c) and adding paragraph (d) to read as follows:
    § 80.1621 Small volume refinery definition.

    (c) [Reserved]

    (d)(1) A refinery approved as a small volume refinery under § 80.1622 that subsequently ceases production of gasoline from processing crude oil through refinery processing units or exceeds the 75,000 barrel average aggregate daily crude oil throughput limit is disqualified as a small volume refinery. If such disqualification occurs, the refinery shall notify EPA in writing no later than 20 days following the disqualifying event.

    (2) Any refinery whose status changes under this paragraph (d) shall meet the applicable standards of § 80.1603 within a period of up to 30 months from the disqualifying event.

    [FR Doc. 2016-08912 Filed 4-21-16; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 679 and 680 [Docket No. 150904826-6336-02] RIN 0648-BF35 Fisheries of the Exclusive Economic Zone Off Alaska; Fixed-Gear Commercial Halibut and Sablefish Fisheries; Bering Sea and Aleutian Islands Crab Rationalization Program; Cost Recovery Authorized Payment Methods AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    NMFS issues regulations to revise the authorized methods for payment of cost recovery fees for the Halibut and Sablefish Individual Fishing Quota Program and the Bering Sea and Aleutian Islands Crab Rationalization Program. These regulations are necessary to improve data security procedures and to reduce administrative costs of processing cost recovery fee payments. This final rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Northern Pacific Halibut Act of 1982, the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area, the Fishery Management Plan for Groundfish of the Gulf of Alaska, the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs, and other applicable laws.

    DATES:

    Effective May 23, 2016.

    ADDRESSES:

    Electronic copies of the following documents are available from http://www.regulations.gov or from the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov:

    • The Regulatory Impact Review/Initial Regulatory Flexibility Analysis (RIR/IRFA), the final Regulatory Impact Review (RIR), and the Categorical Exclusion prepared for this action.

    Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this 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:

    Keeley Kent, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS published a proposed rule to revise the authorized methods for payment of cost recovery fees for the Halibut and Sablefish Individual Fishing Quota Program (IFQ Program) and the Bering Sea and Aleutian Islands Crab Rationalization Program (CR Program) on December 31, 2015 (80 FR 81798). The comment period on the proposed rule ended on February 1, 2016.

    Background

    The following is a brief description of the IFQ Program and CR Program cost recovery and the authorized payment methods. For a more detailed description, please see Section 1.2 of the RIR (see ADDRESSES) and the preamble of the proposed rule (80 FR 81798, December 31, 2015) for this action.

    Cost Recovery—General

    Section 304(d) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) specifies that the Secretary of Commerce is authorized, and shall collect a fee, to recover the actual costs directly related to the management, data collection, and enforcement of any limited access privilege program (LAPP) and community development quota program (CDQ) that allocates a percentage of the total allowable catch of a fishery to such program. Section 304(d) also specifies that such fee shall not exceed three percent of the ex-vessel value of fish harvested under any such program.

    The IFQ Program is a LAPP as defined in the Magnuson-Stevens Act. NMFS implemented cost recovery for the IFQ Program in 2000 (65 FR 14919, March 20, 2000). Regulations implementing IFQ Program cost recovery are located at § 679.45. The CR Program is also a LAPP as defined in section 304(d) of the Magnuson-Stevens Act. Section 313(j) of the Magnuson-Stevens Act provides supplementary authority to section 304(d) and additional detail for cost recovery provisions specific to the CR Program. NMFS implemented cost recovery with the final rule to implement the CR Program in 2005 (70 FR 10174, March 2, 2005). Regulations implementing CR Program cost recovery are located at § 680.44.

    NMFS recovers the incremental costs of managing and enforcing the IFQ Program and CR Program annually through a fee paid by persons who hold a permit granting an exclusive access privilege to a portion of the total allowable catches in IFQ Program and CR Program fisheries. NMFS calculates cost recovery fees for fish (including crab) that are landed and deducted from the total allowable catch in the fisheries subject to cost recovery. NMFS annually calculates the cost recovery fee percentage for the halibut and sablefish IFQ Program and for the CR Program by dividing the total program costs for each program by the total ex-vessel value of the catch subject to the cost recovery fee for the current year. Section 1.2 of the RIR and the preamble of the proposed rule (80 FR 81798, December 31, 2015) for this action describe these processes in greater detail.

    Cost Recovery for the IFQ Program

    The method used by NMFS to calculate the IFQ cost recovery fee percentage is described at § 679.45(d)(2)(ii). The IFQ permit holder is responsible for submitting their cost recovery payment to NMFS on or before the due date of January 31 following the year in which the IFQ halibut and sablefish landings were made. Additional information on the administration of IFQ Program cost recovery is provided in Section 3.5.1.1 of the RIR.

    Cost Recovery for the CR Program

    The method used by NMFS to calculate the CR Program cost recovery fee percentage is described at § 680.44(c)(2). The Registered Crab Receiver (RCR) is responsible for submitting payment to NMFS on or before the due date of July 31, following the crab fishing year in which payment for the crab is made. Additional information on the administration of CR Program cost recovery is provided in Section 3.5.2.2 of the RIR.

    This Final Rule

    This final rule revises the authorized cost recovery fee payment methods for the IFQ and CR Programs by revising regulations at § 679.45(a)(4)(ii) through (iv), § 680.5(g)(3)(iii), and § 680.44(a)(4)(iii) and (iv), and eliminates the option for IFQ permit holders and CR Program RCRs to submit credit card payment information by mail or facsimile upon the effective date of this final rule. Prior to this final rule, cost recovery regulations for the IFQ Program and CR Program (§ 679.45(a)(4)(iv) and § 680.44(a)(4)(iv), respectively) allowed permit holders to pay their fee electronically or non-electronically in U.S. dollars by personal check drawn on a U.S. bank account, money order, bank-certified check, or credit card. Electronic payments could be made using credit card or electronic check via the pay.gov web-based system, or by wiring payment directly from the permit holder's financial institution via the Fedwire Funds Service (Fedwire) funds transfer system. Non-electronic payments could be made by submitting a paper form to NMFS with credit card information via mail or facsimile, or by submitting a paper check or money order via mail.

    Non-electronic submission of payment information to NMFS via mail or facsimile is less secure and results in higher administrative costs than electronic payments because it results in transmission of permit holders' financial information over the NMFS information network and requires NMFS to manually process payments. Before this final rule, permit holders could pay a cost recovery fee with a credit card by submitting a form via mail or facsimile with their credit card information to NMFS. Manual credit card processing results in the possession and transmission of IFQ Program and CR Program permit holders' credit card information over the NMFS information network. Manual credit card processing is a less secure method of payment than the permit holder directly entering their credit card information into pay.gov, and results in higher administrative costs for NMFS. Administrative costs to collect fees are subject to cost recovery. Therefore, the higher administrative costs to process credit cards manually results in an increased fee liability for the IFQ and CR Programs relative to electronic payments.

    This final rule also eliminates paper checks, money orders, and bank-certified checks as authorized payment methods beginning with the 2020 cost recovery fee payment billing cycle. Payment with a paper check, money order, or bank-certified check can also increase administrative costs. Payment with paper check, money order, or bank certified check requires NMFS to manually update the internal cost recovery payment tracking system to reflect the payment. Discrepancies or errors between the cost recovery amount owed and the amount paid by check must be addressed by NMFS. Payment with paper check, money order, or bank-certified check results in higher administrative costs for NMFS, and those additional costs increase the fee liability for the IFQ and CR Programs relative to electronic payments.

    This final rule requires all permit holders to submit payments through pay.gov or Fedwire beginning with the IFQ Program cost recovery fee payment due by January 31, 2020, and beginning with the CR Program cost recovery fee payment due by July 31, 2020. All cost recovery fee payments must be made electronically for any payment made on or after the first day of the billing cycle for IFQ Program and CR Program cost recovery fee payments that will be due in 2020. NMFS will allow non-electronic payments via paper check or money order until the 2020 cost recovery fee billing cycle to provide a transition period for permit holders to become familiar with, and begin transitioning to, electronic payment methods.

    Electronic payments via the pay.gov system and the Fedwire system are the most secure methods of transmitting financial information and result in the lowest administrative costs for NMFS. IFQ Program and CR Program permit holders can access pay.gov through the NMFS Alaska Region online system called eFISH. Pay.gov is operated by the U.S. Department of the Treasury (Treasury) and offers the highest level of security for the personal and financial information submitted to pay fees to NMFS. Pay.gov uses the latest industry-standard methods and encryption to safely collect, store, and transmit information that is submitted.

    Through pay.gov, permit holders can make cost recovery payments using a credit card, debit card, or direct debit (electronic check). Due to the transaction fee incurred by the Treasury, there is a payment limit of $24,999.99 on credit card transactions through pay.gov (see notice online at: http://tfm.fiscal.treasury.gov/v1/announc/a-14-04.html). There is currently no payment limit on debit card or direct debit payments. Payments made through pay.gov automatically update the NMFS internal cost recovery payment tracking system to reflect the payment.

    Permit holders may also make cost recovery fee payments through Fedwire. Fedwire is a real-time transfer system that allows financial institutions to electronically transfer funds. Fedwire allows wire transfers of fee payments from any bank or wire transfer service to NMFS to fulfill cost recovery fee obligations. Payments are processed individually through Fedwire, which uses a highly secure electronic network.

    Table 1 contains the implementation schedule for this final rule to revise authorized cost recovery fee payment methods.

    Table 1—Implementation Schedule for Changes to Authorized Cost Recovery Fee Payment Methods Payment type Current authorized options 2016-2019 fee
  • payment cycle
  • authorized options
  • 2020 and future year
  • fee-payment cycle
  • authorized options
  • Non-electronic Credit card form Paper check Paper check Money order Money order Electronic Pay.gov Pay.gov Pay.gov. Fedwire Fedwire Fedwire.
    Comments and Responses

    NMFS received no public comments on the proposed rule for this action.

    Changes From the Proposed Rule

    This final rule includes a change to the regulatory text and amendatory instructions published in the proposed rule. This final rule modifies amendatory instructions and removes § 680.5(g)(3)(iii), which describes the requirement for RCRs to submit the fee submission form, includes a description of the authorized payment methods for RCRs, and includes a reference to payment methods that are modified by this final rule in § 680.44(a)(4)(iv). Although the proposed rule did not include the removal of § 680.5(g)(3)(iii), NMFS has determined that it would be inconsistent with the objectives of this action to include duplicative descriptions of the authorized payment methods for CR Program cost recovery within the regulations.

    Classification

    Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined this final rule is consistent with the fishery management plans, other provisions of the Magnuson-Stevens Act, and other applicable law.

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

    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. NMFS has posted a small entity compliance guide on the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov) as a plain language guide to assist small entities in complying with this rule. Contact NMFS to request a hard copy of the guide (see ADDRESSES).

    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

    The purpose of this rule is to improve security procedures for protecting financial information and to reduce costs associated with administering cost recovery. The current regulations for IFQ Program and the CR Program cost recovery allow permit holders to submit credit card information for manual credit card processing by NMFS. This results in the possession and electronic transmission of financial information on the NMFS information network, which is a security vulnerability and an administrative cost to both the permit holder and to NMFS.

    This rule also reduces administrative costs for the IFQ Program and CR Program by eliminating other non-electronic payment methods that require manual processing. Manual processing of cost recovery fee payments made by check and money order generates significant costs for the administration of these programs. Eliminating these non-electronic payment methods from authorized payment method options reduces the staffing burden for processing cost recovery fee payments and further reduces the costs of administering cost recovery. Reduced administrative costs will result in lower overall fee liabilities for the IFQ and CR Programs.

    Summary of Significant Issues Raised During Public Comment

    NMFS published a proposed rule to revise the authorized methods for payment of cost recovery fees for the IFQ Program and the CR Program on December 31, 2015 (80 FR 81798). The comment period on the proposed rule ended on February 1, 2016. An IRFA was prepared and summarized in the Classification section of the preamble to the proposed rule. NMFS received no comments on this proposed rule, the IRFA, or the economic impacts of this action generally. 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 Directly Regulated by the Rule

    The entities directly regulated by this rule are permit holders who make halibut and sablefish landings in the IFQ Program fisheries and RCRs who receive landings of crab in the CR Program fisheries. The universe of entities was defined based on who is directly billed by NMFS for cost recovery fees, and therefore who will be directly impacted by a change in the authorized payment methods.

    The Small Business Administration (SBA) defines a small commercial finfish fishing entity as one that has annual gross receipts, from all activities of all affiliates, of less than $20.5 million (79 FR 33647, June 12, 2014). All of the IFQ permit holders are considered to be commercial finfish fishing entities. Based upon available data, and more general information concerning the probable economic activity of vessels in the IFQ Program fisheries, no entity could have landed more than $20.5 million in combined gross receipts in 2014. Therefore, all 2,038 IFQ permit holders are classified as small entities.

    For the CR Program, 18 RCRs were directly billed for cost recovery fee liabilities in the crab fishing year 2014/2015. These 18 RCRs include persons who operate as non-profit entities, seafood dealers that receive but do not process crab, shellfish harvesters, and seafood processors. Section 4.6 of the RIR/IRFA prepared for this rule describes how RCRs operating in these different categories were assessed under the SBA business size criteria (see ADDRESSES). The one RCR operating as a non-profit entity and the seven RCRs operating as seafood dealers were estimated to be small entities under the applicable SBA standard. One RCR operates as a catcher/processor and was evaluated under the shellfish harvesting size criteria. This RCR exceeds the entity size criterion of $5.5 million in combined annual gross receipts and does not qualify as a small business. Nine of the 18 RCRs are shoreside processing entities and were evaluated under the seafood processor size criteria.

    At the time that NMFS conducted the analysis for the IRFA, the SBA defined a seafood processor as a small entity if that entity was independently owned and operated, not dominant in its field of operation, and had a combined annual employment of fewer than 500 employees. On January 26, 2016, the SBA issued a final rule revising the small business size standards for several industries, effective February 26, 2016 (81 FR 4469). SBA's final rule modified the size standard for “seafood product preparation and packaging” (NAICS code 311710) that applies to seafood processors. SBA's final rule modified the definition of a small entity operating as a seafood processor to include all entities that are independently owned and operated, not dominant in their field of operation, and have a combined annual employment of fewer than 750 employees. In this FRFA, NMFS has analyzed the nine RCRs operating as seafood processors using the revised definition of a small entity. The new definition of a small entity did not change the number of seafood processors classified as small. NMFS estimates that three of the nine RCRs classified as seafood processors are small entities. Cumulatively, NMFS estimates that 11 of the 18 RCRs operating across all of the business size categories are small entities.

    Reporting, Recordkeeping and Other Compliance Requirements

    This rule requires modifications to the current recordkeeping and reporting requirements for IFQ Program and CR Program cost recovery in the Alaska Cost Recovery and Observer Fee collection (OMB Control Number 0648-0727). Specifically, this rule eliminates the option for payment by credit card using the paper fee submission form submitted to NMFS by mail or facsimile. Beginning with the 2020 cost recovery fee billing cycle, the paper fee submission form will be eliminated completely for the CR Program as permit holders will be required to submit all cost recovery fee payments electronically through the pay.gov or Fedwire systems. For the IFQ Program, beginning in 2020, the paper fee submission form will be revised to specify that all fee payments must be made electronically through pay.gov or the Fedwire systems.

    Description of Significant Alternatives to This Rule That Minimize Economic Impacts on Small Entities

    The Magnuson-Stevens Act requires that participants in LAPP and CDQ programs pay up to three percent of the ex-vessel value of the fish they are allocated to cover specific costs that are incurred by the management agencies as a direct result of implementing the programs. NMFS has identified this rule as necessary to improve data security procedures for permit holders' financial information and to reduce administrative costs of processing cost recovery payments. There are no alternatives that, consistent with applicable law, will accomplish the objectives of this rule and result in lower adverse economic impacts on directly regulated small entities.

    NMFS considered eliminating the submission of credit card payment information by phone, in person, facsimile, and mail and retaining the use of paper checks and money orders as authorized payment methods under Alternative 2 in the RIR. However, Alternative 2 failed to meet the objective of reducing administrative costs associated with administering cost recovery because processing these payments results in a greater staff burden than processing payments made by the pay.gov or Fedwire systems (see Section 3.7 of the RIR). NMFS also considered Alternative 3, which would have simultaneously implemented both the elimination of credit card payment by phone, in person, facsimile, and mail, and the elimination of paper check and money order payment (see Section 3.8 of the RIR). However, NMFS rejected Alternative 3 in favor of Alternative 3 Option 1, which provided accommodation for the transition costs to permit holders in complying with the rule by delaying full implementation of the changes until the applicable cost recovery fee payment due date in 2020. NMFS determined that Alternative 3 Option 1 provides an opportunity for the permit holders to become familiar with either pay.gov or Fedwire and change to a new payment method. Additionally, Alternative 3 Option 1 spreads out any transition costs for NMFS staff in providing customer service to help permit holders affected by the change (see Section 3.8.1 of the RIR).

    Collection-of-Information Requirements

    This final rule contains collection-of-information requirements subject to the Paperwork Reduction Act (PRA) and which have been approved by the Office of Management and Budget (OMB) under control number 0648-0727. Public reporting burden per response is estimated to average one minute for electronic fee submission and 30 minutes for non-electronic fee submission. Estimates for public reporting burden include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

    Send comments regarding these burden estimates or any other aspect of this data collection, 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, nor shall any person be subject to a 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 Parts 679 and 680

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: April 15, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR parts 679 and 680 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 § 679.45, revise paragraphs (a)(4)(ii) through (iv) to read as follows:
    § 679.45 IFQ cost recovery program.

    (a) * * *

    (4) * * *

    (ii) Payment recipient. Make payment payable to NMFS.

    (iii) Payment address. Submit payment and related documents as instructed on the fee submission form. Payments may be made electronically through the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov. Instructions for electronic payment will be made available on both the payment Web site and a fee liability summary letter mailed to the IFQ permit holder.

    (iv) Payment method—(A) Prior to December 1, 2019, payment must be made in U.S. dollars by personal check drawn on a U.S. bank account, money order, bank-certified check, or electronically by credit card.

    (B) On or after December 1, 2019, payment must be made electronically in U.S. dollars by automated clearing house, credit card, or electronic check drawn on a U.S. bank account.

    PART 680—SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA 3. The authority citation for 50 CFR part 680 continues to read as follows: Authority:

    16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.

    § 680.5 [Amended]
    4. In § 680.5, remove paragraph (g)(3)(iii).
    5. In § 680.44, revise paragraphs (a)(4)(iii) and (iv) to read as follows:
    § 680.44 Cost recovery.

    (a) * * *

    (4) * * *

    (iii) Payment address. Submit payment and related documents as instructed on the fee submission form. Payments may be made electronically through the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov. Instructions for electronic payment will be made available on both the payment Web site and a fee liability summary letter mailed to the RCR permit holder.

    (iv) Payment method—(A) Prior to June 1, 2020, payment must be made in U.S. dollars by personal check drawn on a U.S. bank account, money order, bank-certified check, or electronically by credit card.

    (B) On or after June 1, 2020, payment must be made electronically in U.S. dollars by automated clearing house, credit card, or electronic check drawn on a U.S. bank account.

    [FR Doc. 2016-09308 Filed 4-21-16; 8:45 am] BILLING CODE 3510-22-P
    81 78 Friday, April 22, 2016 Proposed Rules DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 989 [Doc. No. AO-FV-16-0016; AMS-SC-16-0011; SC16-989-1] Raisins Produced From Grapes Grown in California; Hearing on Proposed Amendment of Marketing Order No. 989 AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Notice of hearing on proposed rulemaking.

    SUMMARY:

    Notice is hereby given of a public hearing to receive evidence on proposed amendments to Marketing Order No. 989 (order) that regulates the handling of raisins grown in California. Five amendments are proposed by the Raisin Administrative Committee (Committee), which is responsible for local administration of the order. These proposed amendments would: Authorize production research; establish new nomination procedures for independent grower member and alternate member seats; add authority to regulate quality; add authority to establish different regulations for different markets; and add a continuance referenda requirement.

    In addition, the Agricultural Marketing Service (AMS) proposes two amendments. These amendments would remove order language pertaining to volume regulation and reserve pool authority and would establish term limits for Committee members. In addition, AMS proposes to make any such changes as may be necessary to the order to conform to any amendment that may result from the hearing. These proposed amendments are intended to update the order to reflect past changes in the industry and potential future changes, and to improve the operation and administration of the order.

    DATES:

    The hearing dates are May 3 and 4, 2016, 9:00 a.m. to 5:00 p.m.; and continuing on May 5, 2016, at 9:00 a.m., if necessary, in Clovis, California.

    ADDRESSES:

    The hearing will be held at the Hilton Garden Inn Clovis, 520 W Shaw Ave., Clovis, CA 93612.

    FOR FURTHER INFORMATION CONTACT:

    Melissa Schmaedick, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, Post Office Box 952, Moab, UT 84532; Telephone: (202) 557-4783, Fax: (435) 259-1502, or Michelle Sharrow, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., Stop 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected] or [email protected]

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

    SUPPLEMENTARY INFORMATION:

    This administrative action is instituted pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” This action is governed by the provisions of sections 556 and 557 of title 5 of the United States Code and, therefore, is excluded from the requirements of Executive Order 12866.

    The Regulatory Flexibility Act (5 U.S.C. 601-612) seeks to ensure that within the statutory authority of a program, the regulatory and informational requirements are tailored to the size and nature of small businesses. Interested persons are invited to present evidence at the hearing on the possible regulatory and informational impacts of the proposals on small businesses.

    The amendments proposed herein have been reviewed under Executive Order 12988, Civil Justice Reform. They are not intended to have retroactive effect.

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

    The hearing is called pursuant to the provisions of the Act and the applicable rules of practice and procedure governing the formulation of marketing agreements and orders (7 CFR part 900).

    The proposed amendments were recommended by the Committee on January 27, 2016, and submitted to USDA on February 2, 2016. After reviewing the proposals and other information submitted by the Committee, USDA made a determination to schedule this matter for hearing.

    The proposed amendments to the order recommended by the Committee are summarized as follows:

    1. Amend § 989.53 to authorize production research.

    2. Amend §§ 989.29 and 989.129 to authorize separate nominations for independent grower member and independent grower alternate member seats.

    3. Amend §§ 989.58, 989.59 and 989.61 to add authority to regulate quality. A corresponding change would also revise the heading prior to § 989.58 to include quality.

    4. Amend § 989.59 to add authority to establish different regulations for different markets.

    5. Amend § 989.91 to require continuance referenda.

    6. Amend the order to remove volume regulation and reserve pool authority. This would include: Removing §§ 989.55 and 989.56, §§ 989.65 through 989.67, §§ 989.71, 989.72, 989.82, 989.154, 989.156, 989.166, 989.167, 989.221, 989.257 and 989.401; revising §§ 989.11, 989.53, 989.54, 989.58, 989.59, 989.60, 989.73, 989.79, 989.80, 989.84, 989.158, 989.173 and 989.210; and, redesignating § 989.70 as § 989.96. Corresponding changes would also remove the following headings: “Volume Regulation” prior to §§ 989.65; “Volume Regulation” prior to § 989.166; and, “Subpart—Schedule of Payments” prior to § 989.401.

    7. Amend § 989.28 to establish term limits.

    The Committee works with USDA in administering the order. These proposals submitted by the Committee have not received the approval of USDA. The Committee believes that its proposed amendments would update the order to address changes that have occurred in the industry and potential changes that could occur in the future. The amendments are intended to improve the operation and administration of the order.

    In addition to the proposed amendments to the order, AMS proposes to make any such changes as may be necessary to the order to conform to any amendment that may result from the hearing or to correct minor inconsistencies and typographical errors.

    The public hearing is held for the purpose of: (i) Receiving evidence about the economic and marketing conditions which relate to the proposed amendments of the order; (ii) determining whether there is a need for the proposed amendments to the order; and (iii) determining whether the proposed amendments or appropriate modifications thereof will tend to effectuate the declared policy of the Act.

    Testimony is invited at the hearing on all the proposals and recommendations contained in this notice, as well as any appropriate modifications or alternatives.

    All persons wishing to submit written material as evidence at the hearing should be prepared to submit four copies of such material at the hearing. Four copies of prepared testimony for presentation at the hearing should also be made available. To the extent practicable, eight additional copies of evidentiary exhibits and testimony prepared as an exhibit should be made available to USDA representatives on the day of appearance at the hearing. Any requests for preparation of USDA data for this rulemaking hearing should be made at least 10 days prior to the beginning of the hearing.

    From the time the notice of hearing is issued and until the issuance of a final decision in this proceeding, USDA employees involved in the decisional process are prohibited from discussing the merits of the hearing issues on an ex parte basis with any person having an interest in the proceeding. The prohibition applies to employees in the following organizational units: Office of the Secretary of Agriculture; Office of the Administrator, AMS; Office of the General Counsel; and the Specialty Crops Program, AMS.

    Procedural matters are not subject to the above prohibition and may be discussed at any time.

    List of Subjects in 7 CFR Part 989

    Raisins, Marketing agreements, Reporting and recordkeeping requirements.

    PART 989—RAISINS PRODUCED BY GRAPES GROWN IN CALIFORNIA 1. The authority citation for part 989 continues to read as follows: Authority:

    7 U.S.C. 601-674.

    2. Testimony is invited on the following proposals or appropriate alternatives or modifications to such proposals.

    Proposals submitted by the Raisin Administrative Committee:

    Proposal Number 1 3. In § 989.53(a), revise the introductory text to read as follows:
    § 989.53 Research and development.

    (a) General. The Committee, with the approval of the Secretary, may establish or provide for the establishment of projects involving production research, market research and development, marketing promotion including paid advertising, designed to assist, improve, or promote the production, marketing, distribution, and consumption of raisins in domestic and foreign markets. These projects may include, but need not be limited to those designed to:

    Proposal Number 2
    4. In § 989.29: a. Revise paragraph (b)(2)(ii); b. Redesignate paragraph (b)(2)(iii) as paragraph (b)(2)(iv); c. Add a new paragraph (b)(2)(iii); and d. Revise newly redesignated paragraph (b)(2)(iv).

    The revisions and addition read as follows:

    § 989.29 Initial members and nomination of successor members.

    (b) * * *

    (2) * * *

    (i) * * *

    (ii) Each such producer whose name is offered in nomination for producer member positions to represent on the committee independent producers or producers who are affiliated with cooperative marketing association(s) handling less than 10 percent of the total raisin acquisitions during the preceding crop year shall be given the opportunity to provide the committee a short statement outlining qualifications and desire to serve if selected. Similarly, each such producer whose name is offered in nomination for producer alternate member positions to represent on the committee independent producers or producers who are affiliated with cooperative marketing association(s) handling less than 10 percent of the total raisin acquisitions during the preceding crop year shall be given the opportunity to provide the committee a short statement outlining qualifications and desire to serve if selected. These brief statements, together with a ballot and voting instructions, shall be mailed to all independent producers and producers who are affiliated with cooperative marketing associations handling less than 10 percent of the total raisin acquisitions during the preceding crop year of record with the committee in each district. The producer member candidate receiving the highest number of votes shall be designated as the first member nominee, the second highest shall be designated as the second member nominee until nominees for all producer member positions have been filled. Similarly, the producer alternate member candidate receiving the highest number of votes shall be designated as the first alternate member nominee, the second highest shall be designated as the second alternate member nominee until nominees for all member positions have been filled.

    (iii) In the event that there are more producer member nominees than positions to be filled and not enough producer alternate member nominees to fill all positions, producer member nominees not nominated for a member seat may be nominated to fill vacant alternate member seats. Member seat nominees shall indicate, prior to the nomination vote, whether they are willing to accept nomination for an alternate seat in the event they are not nominated for a member seat and there are vacant alternate member seats. Member seat nominees that do not indicate willingness to be considered for vacant alternate member seats shall not be considered.

    (iv) Each independent producer or producer affiliated with cooperative marketing association(s) handling less than 10 percent of the total raisin acquisitions during the preceding crop year shall cast only one vote with respect to each position for which nominations are to be made. Write-in candidates shall be accepted. The person receiving the most votes with respect to each position to be filled, in accordance with paragraph (b)(2)(ii) and (iii) of this section, shall be the person to be certified to the Secretary as the nominee. The committee may, subject to the approval of the Secretary, establish rules and regulations to effectuate this section.

    5. Section 989.129 is revised to read as follows:
    § 989.129 Voting at nomination meetings.

    Any person (defined in § 989.3 as an individual, partnership, corporation, association, or any other business unit) who is engaged, in a proprietary capacity, in the production of grapes which are sun-dried or dehydrated by artificial means to produce raisins and who qualifies under the provisions of § 989.29(b)(2) shall be eligible to cast one ballot for a nominee for each producer member position and one ballot for a nominee for each producer alternate member position on the committee which is to be filled for his district. Such person must be the one who or which: Owns and farms land resulting in his or its ownership of such grapes produced thereon; rents and farms land, resulting in his or its ownership of all or a portion of such grapes produced thereon; or owns land which he or it does not farm and, as rental for such land, obtains the ownership of a portion of such grapes or the raisins. In this connection, a partnership shall be deemed to include two or more persons (including a husband and wife) with respect to land the title to which, or leasehold interest in which, is vested in them as tenants in common, joint tenants, or under community property laws, as community property. In a landlord-tenant relationship, wherein each of the parties is a producer, each such producer shall be entitled to one vote for a nominee for each producer member position and one vote for each producer alternate member position. Hence, where two persons operate land as landlord and tenant on a share-crop basis, each person is entitled to one vote for each such position to be filled. Where land is leased on a cash rental basis, only the person who is the tenant or cash renter (producer) is entitled to vote. A partnership or corporation, when eligible, is entitled to cast only one vote for a nominee for each producer position to be filled in its district.

    Proposal Number 3
    6. In § 989.58: a. Revise the heading prior to this section, and b. Revise paragraphs (a), (b), (d)(1) and (e)(1).

    The revisions read as follows:

    Grade, Quality, and Condition Standards
    § 989.58 Natural condition raisins.

    (a) Regulation. No handler shall acquire or receive natural condition raisins which fail to meet such minimum grade, quality, and condition standards as the committee may establish, with the approval of the Secretary, in applicable rules and regulations: Provided, That a handler may receive raisins for inspection, may receive off-grade raisins for reconditioning and may receive or acquire off-grade raisins for use in eligible non-normal outlets: And provided further, That a handler may acquire natural condition raisins which exceed the tolerance established for maturity under a weight dockage system established pursuant to rules and regulations recommended by the committee and approved by the Secretary. Nothing contained in this paragraph shall apply to the acquisition or receipt of natural condition raisins of a particular varietal type for which minimum grade, quality, and condition standards are not applicable or then in effect pursuant to this part.

    (b) Changes in minimum grade, quality, and condition standards for natural condition raisins. The committee may recommend to the Secretary changes in the minimum grade, quality, and condition standards for natural condition raisins of any varietal type and may recommend to the Secretary that minimum grade, quality, and condition standards for any varietal type be added to or deleted. The committee shall submit with its recommendation all data and information upon which it acted in making its recommendation, and such other information as the Secretary may request. The Secretary shall approve any such change if he finds, upon the basis of data submitted to him by the committee or from other pertinent information available to him, that to do so would tend to effectuate the declared policy of the act.

    (d) * * *

    (1) Each handler shall cause an inspection and certification to be made of all natural condition raisins acquired or received by him, except with respect to:

    (i) An interplant or interhandler transfer of offgrade raisins as described in paragraph (e)(2) of this section, unless such inspection and certification are required by rules and procedures made effective pursuant to this amended subpart;

    (ii) An interplant or interhandler transfer of free tonnage raisins as described in § 989.59(e);

    (iii) Raisins received from a dehydrator which have been previously inspected pursuant to paragraph (d)(2) of this section;

    (iv) Any raisins for which minimum grade, quality, and condition standards are not then in effect;

    (v) Raisins received from a cooperative bargaining association which have been inspected and are in compliance with requirements established pursuant to paragraph (d)(3) of this section; and

    (vi) Any raisins, if permitted in accordance with such rules and procedures as the committee may establish with the approval of the Secretary, acquired or received for disposition in eligible nonnormal outlets. The handler shall be reimbursed by the committee for inspection costs incurred by him and applicable to pool tonnage held for the account of the committee. Except as otherwise provided in this section, prior to blending raisins, acquiring raisins, storing raisins, reconditioning raisins, or acquiring raisins which have been reconditioned, each handler shall obtain an inspection certification showing whether or not the raisins meet the applicable grade, quality, and condition standards: Provided, That the initial inspection for infestation shall not be required if the raisins are fumigated in accordance with such rules and procedures as the committee shall establish with the approval of the Secretary. The handler shall submit or cause to be submitted to the committee a copy of such certification, together with such other documents or records as the committee may require. Such certification shall be issued by inspectors of the Processed Products Standardization and Inspection Branch of the U.S. Department of Agriculture, unless the committee determines, and the Secretary concurs in such determination, that inspection by another agency would improve the administration of this amended subpart. The committee may require that raisins held on memorandum receipt be reinspected and certified as a condition for their acquisition by a handler.

    (e) * * *

    (1) Any natural condition raisins tendered to a handler which fail to meet the applicable minimum grade, quality, and condition standards may:

    (i) Be received or acquired by the handler for disposition, without further inspection, in eligible non-normal outlets;

    (ii) Be returned unstemmed to the person tendering the raisins; or

    (iii) Be received by the handler for reconditioning. Off-grade raisins received by a handler under any one of the three described categories may be changed to any other of the categories under such rules and procedures as the committee, with the approval of the Secretary, shall establish. No handler shall ship or otherwise dispose of off-grade raisins which he does not return to the tenderer, transfer to another handler as provided in paragraph (e)(2) of this section, or recondition so that they at least meet the minimum standards prescribed in or pursuant to this amended subpart, except into eligible non-normal outlets.

    7. In § 989.59, revise paragraphs (a), (b), (d), (e), and (g) to read as follows:
    § 989.59 Regulation of the handling of raisins subsequent to their acquisition by handlers.

    (a) Regulation. Unless otherwise provided in this part, no handler shall:

    (1) Ship or otherwise make final disposition of natural condition raisins unless they at least meet the effective and applicable minimum grade, quality, and condition standards for natural condition raisins; or

    (2) Ship or otherwise make final disposition of packed raisins unless they at least meet such minimum grade, quality, and condition standards established by the committee, with the approval of the Secretary, in applicable rules and regulations or as later changed or prescribed pursuant to the provisions of paragraph (b) of this section: Provided, That nothing contained in this paragraph shall prohibit the shipment or final disposition of any raisins of a particular varietal type for which minimum standards are not applicable or then in effect pursuant to this part. And provided further, That a handler may grind raisins, which do not meet the minimum grade, quality, and condition standards for packed raisins because of mechanical damage or sugaring, into a raisin paste.

    (b) The committee may recommend changes in the minimum grade, quality, or condition standards for packed raisins of any varietal type and may recommend to the Secretary that minimum grade, quality, or condition standards for any varietal type be added or deleted. The committee shall submit with its recommendation all data and information upon which it acted in making its recommendation, and such other information as the Secretary may request. The Secretary shall approve any such change if he finds, upon the basis of data submitted to him by the committee or from other pertinent information available to him, that to do so would tend to effectuate the declared policy of the act.

    (d) Inspection and certification. Unless otherwise provided in this section, each handler shall, at his own expense, before shipping or otherwise making final disposition of raisins, cause and inspection to be made of such raisins to determine whether they meet the then applicable minimum grade, quality, and condition standards for natural condition raisins or the then applicable minimum standards for packed raisins. Such handler shall obtain a certificate that such raisins meet the aforementioned applicable minimum standards and shall submit or cause to be submitted to the committee a copy of such certificate together with such other documents or records as the committee may require. The certificate shall be issued by the Processed Products Standardization and Inspection Branch of the United States Department of Agriculture, unless the committee determines, and the Secretary concurs in such determination, that inspection by another agency will improve the administration of this amended subpart. Any certificate issued pursuant to this paragraph shall be valid only for such period of time as the committee may specify, with the approval of the Secretary, in appropriate rules and regulations.

    (e) Inter-plant and inter-handler transfers. Any handler may transfer from his plant to his own or another handler's plant within the State of California free tonnage any raisins without having had such raisins inspected as provided in paragraph (d) of this section. The transferring handler shall transmit promptly to the committee a report of such transfer, except that transfers between plants owned or operated by the same handler need not be reported. Before shipping or otherwise making final disposition of such raisins, the receiving handler shall comply with the requirements of this section.

    (g) Exemption of experimental and specialty packs. The committee may establish, with the approval of the Secretary, rules and procedures providing for the exemption of raisins in experimental and specialty packs from one or more of the requirements of the minimum grade, quality, or condition standards of this section, together with the inspection and certification requirements if applicable.

    8. Section 989.61 is revised to read as follows:
    § 989.61 Above parity situations.

    The provisions of this part relating to minimum grade, quality, and condition standards and inspection requirements, within the meaning of section 2(3) of the Act, and any other provisions pertaining to the administration and enforcement of the order, shall continue in effect irrespective of whether the estimated season average price to producers for raisins is in excess of the parity level specified in section 2(1) of the act.

    Proposal Number 4
    9. Section 989.59 is further amended by revising paragraph (a) to read as follows:
    § 989.59 Regulation of the handling of raisins subsequent to their acquisition by handlers.

    (a) Regulation. Unless otherwise provided in this part, no handler shall:

    (1) Ship or otherwise make final disposition of natural condition raisins unless they at least meet the effective and applicable minimum grade, quality, and condition standards for natural condition raisins; or

    (2) Ship or otherwise make final disposition of packed raisins unless they at least meet such minimum grade, quality, and condition standards established by the committee, with the approval of the Secretary, in applicable rules and regulations or as later changed or prescribed pursuant to the provisions of paragraph (b) of this section: Provided, That nothing contained in this paragraph shall prohibit the shipment or final disposition of any raisins of a particular varietal type for which minimum standards are not applicable or then in effect pursuant to this part. And provided further, That a handler may grind raisins, which do not meet the minimum grade, quality, and condition standards for packed raisins because of mechanical damage or sugaring, into a raisin paste. The Committee may establish, with approval of the Secretary, different grade, quality, and condition regulations for different markets.

    Proposal Number 5
    10. In § 989.91: a. Redesignate paragraphs (c) and (d) as paragraphs (d) and (e), respectively, and; b. Add a new paragraph (c).

    The addition to read as follows:

    § 989.91 Suspension or termination.

    (c) No less than two crop years and no later than six crop years after the effective date of this amendment, the Secretary shall conduct a referendum to ascertain whether continuance of this part is favored by producers. Subsequent referenda to ascertain continuance shall be conducted every six crop years thereafter. The Secretary may terminate the provisions of this part at the end of any crop year in which the Secretary has found that continuance of this part is not favored by a two-thirds majority of voting producers, or a two-thirds majority of volume represented thereby, who, during a representative period determined by the Secretary, have been engaged in the production for market of grapes used in the production of raisins in the State of California. Such termination shall be announced on or before the end of the crop year.

    Proposals submitted by USDA:

    Proposal Number 6
    11. Remove §§ 989.55 and 989.56, §§ 989.65 through 989.67, §§ 989.71, 989.72, 989.82, 989.154, 989.156, 989.166, 989.167, 989.221, 989.257 and 989.401. Remove the headings “Volume Regulation” prior to §§ 989.65, “Volume Regulation” prior to § 989.166, and “Subpart—Schedule of Payments” prior to § 989.401. 12. Section 989.11 is revised to read as follows:
    § 989.11 Producer.

    Producer means any person engaged in a proprietary capacity in the production of grapes which are sun-dried or dehydrated by artificial means until they become raisins.

    13. In § 989.53(a), remove the text that follows paragraph (a)(5). 14. In § 989.54: a. Remove paragraphs (a) through (d) and (g); b. Remove paragraph (e)(4); c. Redesignate paragraphs (e)(5) through (e)(10) as (e)(4) through (e)(9), respectively; d. Redesignate paragraphs (e), (f), and (h) as paragraphs (a), (b), and (c), respectively; and e. Revise newly redesignated paragraphs (a) introductory text, (a)(1), (a)(4), (a)(5) and (c).

    The revisions read as follows:

    § 989.54 Marketing policy.

    (a) Each crop year, the Committee shall prepare and submit to the Secretary a report setting forth its recommended marketing policy, including quality regulations for the pending crop. In developing the marketing policy, the Committee may give consideration to the production, harvesting, processing, and storage conditions of that crop, as well as the following factors:

    (1) The estimated tonnage held by producers and handlers at the beginning of the crop year;

    (4) An estimated desirable carryout at the end of the crop year;

    (5) The estimated market demand for raisins, considering the estimated world raisin supply and demand situation;

    (c) Publicity. The Committee shall promptly give reasonable publicity to producers, dehydrators, handlers, and the cooperative bargaining association(s) of each meeting to consider a marketing policy or any modification thereof, and each such meeting shall be open to them. Similar publicity shall be given to producers, dehydrators, handlers, and the cooperative bargaining association(s) of each marketing policy report or modification thereof, filed with the Secretary and of the Secretary's action thereon. Copies of all marketing policy reports shall be maintained in the office of the Committee, where they shall be made available for examination by any producer, dehydrator, handler, or cooperative bargaining association representative. The Committee shall notify handlers, dehydrators and the cooperative bargaining association(s), and give reasonable publicity to producers of its computation.

    15. In § 989.58, further revise paragraphs (d)(1), and (e)(4) to read as follows:
    § 989.58 Natural condition raisins.

    (d) * * *

    (1) Each handler shall cause an inspection and certification to be made of all natural condition raisins acquired or received by him, except with respect to:

    (i) An interplant or interhandler transfer of offgrade raisins as described in paragraph (e)(2) of this section, unless such inspection and certification are required by rules and procedures made effective pursuant to this amended subpart;

    (ii) An interplant or interhandler transfer of natural condition raisins as described in § 989.59(e);

    (iii) Raisins received from a dehydrator which have been previously inspected pursuant to paragraph (d)(2) of this section;

    (iv) Any raisins for which minimum grade, quality, and condition standards are not then in effect;

    (v) Raisins received from a cooperative bargaining association which have been inspected and are in compliance with requirements established pursuant to paragraph (d)(3) of this section; and

    (vi) Any raisins, if permitted in accordance with such rules and procedures as the committee may establish with the approval of the Secretary, acquired or received for disposition in eligible nonnormal outlets. Except as otherwise provided in this section, prior to blending raisins, acquiring raisins, storing raisins, reconditioning raisins, or acquiring raisins which have been reconditioned, each handler shall obtain an inspection certification showing whether or not the raisins meet the applicable grade, quality, and condition standards: Provided, That the initial inspection for infestation shall not be required if the raisins are fumigated in accordance with such rules and procedures as the committee shall establish with the approval of the Secretary. The handler shall submit or cause to be submitted to the committee a copy of such certification, together with such other documents or records as the committee may require. Such certification shall be issued by inspectors of the Processed Products Standardization and Inspection Branch of the U.S. Department of Agriculture, unless the committee determines, and the Secretary concurs in such determination, that inspection by another agency would improve the administration of this amended subpart. The committee may require that raisins held on memorandum receipt be reinspected and certified as a condition for their acquisition by a handler.

    (e) * * *

    (4) If the handler is to acquire the raisins after they are reconditioned, his obligation with respect to such raisins shall be based on the weight of the raisins (if stemmed, adjusted to natural condition weight) after they have been reconditioned.

    16. In § 989.59, further revise paragraph (e) to read as follows:
    § 989.59 Regulation of the handling of raisins subsequent to their acquisition by handlers.

    (e) Inter-plant and inter-handler transfers. Any handler may transfer from his plant to his own or another handler's plant within the State of California any raisins without having had such raisins inspected as provided in paragraph (d) of this section. The transferring handler shall transmit promptly to the committee a report of such transfer, except that transfers between plants owned or operated by the same handler need not be reported. Before shipping or otherwise making final disposition of such raisins, the receiving handler shall comply with the requirements of this section.

    17. Section 989.60(a) is revised to read as follows:
    § 989.60 Exemption.

    (a) Notwithstanding any other provisions of this amended subpart, the committee may establish, with the approval of the Secretary, such rules and procedures as may be necessary to permit the acquisition and disposition of any off-grade raisins, free from any or all regulations, for uses in non-normal outlets.

    18. Redesignate § 989.70 as § 989.96. 19. Section 989.73 (b) is revised to read as follows:
    § 989.73 Reports.

    (b) Acquisition reports. Each handler shall submit to the committee in accordance with such rules and procedures as are prescribed by the committee, with the approval of the Secretary, certified reports, for such periods as the committee may require, with respect to his acquisitions of each varietal type of raisins during the particular period covered by such report, which report shall include, but not be limited to:

    (1) The total quantity of standard raisins acquired;

    (2) The total quantity of off-grade raisins acquired pursuant to § 989.58(e)(1)(i); and

    (3) Cumulative totals of such acquisitions from the beginning of the then current crop year to and including the end of the period for which the report is made. Upon written application made to the committee, a handler may be relieved of submitting such reports after completing his packing operations for the season. Upon request of the committee, each handler shall furnish to the committee, in such manner and at such times as it may require, the name and address of each person from whom he acquired raisins and the quantity of each varietal type of raisins acquired from each such person.

    20. Section 989.79 is revised to read as follows:
    § 989.79 Expenses.

    The committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred by it during each crop year, for the maintenance and functioning of the committee and for such purposes as he may, pursuant to this subpart, determine to be appropriate. The funds to cover such expenses shall be obtained levying assessments as provided in § 989.80. The committee shall file with the Secretary for each crop year a proposed budget of these expenses and a proposal as to the assessment rate to be fixed pursuant to § 989.80, together with a report thereon. Such filing shall be not later than October 5 of the crop year, but this date may be extended by the committee not more than 5 days if warranted by a late crop.

    21. In § 989.80, revise paragraphs (a) through (c) to read as follows:
    § 989.80 Assessments.

    (a) Each handler shall pay to the committee, upon demand, his pro rata share of the expenses which the Secretary finds will be incurred, as aforesaid, by the committee during each crop year less any amounts credited pursuant to § 989.53. Such handler's pro rata share of such expenses shall be equal to the ratio between the total raisin tonnage acquired by such handler during the applicable crop year and the total raisin tonnage acquired by all handlers during the same crop year.

    (b) Each handler who reconditions off-grade raisins but does not acquire the standard raisins recovered therefrom shall, with respect to his assessable portion of all such standard raisins, pay to the committee, upon demand, his pro rata share of the expenses which the Secretary finds will be incurred by the committee each crop year. Such handler's pro rata share of such expenses shall be equal to the ratio between the handler's assessable portion (which shall be a quantity equal to such handler's standard raisins which are acquired by some other handler or handlers) during the applicable crop year and the total raisin tonnage acquired by all handlers.

    (c) The Secretary shall fix the rate of assessment to be paid by all handlers on the basis of a specified rate per ton. At any time during or after a crop year, the Secretary may increase the rate of assessment to obtain sufficient funds to cover any later finding by the Secretary relative to the expenses of the committee. Each handler shall pay such additional assessment to the committee upon demand. In order to provide funds to carry out the functions of the committee, the committee may accept advance payments from any handler to be credited toward such assessments as may be levied pursuant to this section against such handler during the crop year. The payment of assessments for the maintenance and functioning of the committee, and for such purposes as the Secretary may pursuant to this subpart determine to be appropriate, may be required under this part throughout the period it is in effect, irrespective of whether particular provisions thereof are suspended or become inoperative.

    22. Section 989.84 is revised to read as follows:
    § 989.84 Disposition limitation.

    No handler shall dispose of standard raisins, off-grade raisins, or other failing raisins, except in accordance with the provisions of this subpart or pursuant to regulations issued by the committee.

    23. Section 989.158(c)(4)(i) is revised to read as follows:
    § 989.158 Natural condition raisins.

    (c) * * *

    (4) * * *

    (i) The handler shall notify the inspection service at least one business day in advance of the time such handler plans to begin reconditioning each lot of raisins, unless a shorter period is acceptable to the inspection service. Such notification shall be provided verbally or by other means of communication, including email. Natural condition raisins which have been reconditioned shall continue to be considered natural condition raisins for purposes of reinspection (inspection pursuant to § 989.58(d)) after such reconditioning has been completed, if no water or moisture has been added; otherwise, such raisins shall be considered as packed raisins. The weight of the raisins reconditioned successfully shall be determined by reweighing, except where a lot, before reconditioning, failed due to excess moisture only. The weight of such raisins resulting from reconditioning a lot failing account excess moisture may be determined by deducting 1.2 percent of the weight for each percent of moisture in excess of the allowable tolerance. When necessary due to the presence of sand, as determined by the inspection service, the requirement for deducting sand tare and the manner of its determination, as prescribed in paragraph (a)(1) of this section, shall apply in computing the net weight of any such successfully reconditioned natural condition raisins. The weight of the reconditioned raisins acquired as packed raisins shall be adjusted to natural condition weight by the use of factors applicable to the various degrees of processing accomplished. The applicable factor shall be that selected by the inspector of the reconditioned raisins from among factors established by the Committee with the approval of the Secretary.

    24. In § 989.173: a. Remove paragraphs (b)(2)(ii), (f) and (g)(1)(ii); b. Redesignate paragraphs (b)(2)(iii), (g) and (g)(1)(iii) as paragraphs (b)(2)(ii), and (f)(1)(ii), respectively; and c. Revise paragraphs (a), (b)(2)(i), newly redesignated paragraph (b)(2)(ii), (c)(1), (d)(1), (d)(1)(v), and newly redesignated paragraph (f).

    The revisions read as follows:

    § 989.173 Reports.

    (a) Inventory reports. Each handler shall submit to the Committee as of the close of business on July 31 of each crop year, and not later than the following August 6, an inventory report which shall show, with respect to each varietal type of raisins held by such handler, the quantity of off-grade raisins segregated as to those for reconditioning and those for disposition as such. Provided, That, for the Other Seedless varietal type, handlers shall report the information required in this paragraph separately for the different types of Other Seedless raisins. Upon request by the Committee, each handler shall file at other times, and as of other dates, any of the said information which may reasonably be necessary and which the Committee shall specify in its request.

    (b) * * *

    (2) * * *

    (i) The total net weight of the standard raisins acquired during the reporting period; and

    (ii) The cumulative totals of such acquisitions from the beginning of the then current crop year.

    (c) * * *

    (1) Each month each handler who is not a processor shall furnish to the Committee, on an appropriate form provided by the Committee and so that it is received by the Committee not later than the seventh day of the month, a report showing the aggregate quantity of each varietal type of packed raisins and standard natural condition raisins which were shipped or otherwise disposed of by such handler during the preceding month (exclusive of transfers within the State of California between plants of any such handler and from such handler to other handlers): Provided, That, for the Other Seedless varietal type, handlers shall report such information for the different types of Other Seedless raisins. Such required information shall be segregated as to:

    (d) * * *

    (1) Any handler who transfers raisins to another handler within the State of California shall submit to the Committee not later than five calendar days following such transfer a report showing:

    (v) If packed, the transferring handler shall certify that such handler is transferring only acquired raisins that meet all applicable marketing order requirements, including reporting, incoming inspection, and assessments.

    (f) * * *

    (1) * * *

    (i) The quantity of raisins, segregated as to locations where they are stored and whether they are natural condition or packed;

    (ii) * * *

    (2) * * *

    (i) The total net weight of the standard raisins acquired during the reporting period; and

    (3) Disposition report of organically-produced raisins. No later than the seventh day of each month, handlers who are not processors shall submit to the Committee, on an appropriate form provided by the Committee, a report showing the aggregate quantity of packed raisins and standard natural condition raisins which were shipped or otherwise disposed of by such handler during the preceding month (exclusive of transfer within the State of California between the plants of any such handler and from such handler to other handlers). Such information shall include:

    25. In § 989.210: a. Remove paragraphs (b), (c) and (e); b. Redesignate paragraph (d) as (b), paragraph (f) as (c), and paragraph (g) as (d); and c. Revise newly redesignated paragraph (b).

    The revisions read as follows:

    § 989.210 Handling of varietal types of raisins acquired pursuant to a weight dockage system.

    (b) Assessments. Assessments on any lot of raisins of the varietal types specified in paragraph (a) of this section acquired by a handler pursuant to a weight dockage system shall be applicable to the creditable weight of such lot.

    Proposal Number 7
    26. In § 989.28: a. Redesignate the introductory text as paragraph (a); b. Revise newly redesignated paragraph (a); and c. Add paragraph (b).

    The revisions and addition read as follows:

    § 989.28 Term of office.

    (a) The term of office of all representatives serving on the Committee shall be for two years and shall end on April 30 of even numbered calendar years; Provided, That each such member and alternate member shall continue to serve until their successor is selected and has qualified.

    (b) Representatives may serve up to four consecutive, two-year terms of office. In no event shall any representative serve more than eight consecutive years on the Committee. For purposes of determining when a representative has served four consecutive terms, the accrual of terms shall begin following any period of at least twelve consecutive months out of office. This limitation on tenure shall not include service on the Committee prior to implementation of this amendment.

    Proposal Number 8

    Make other such changes as may be necessary to the order to conform with any amendment thereto that may result from the hearing.

    Dated: April 14, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service.
    [FR Doc. 2016-09144 Filed 4-21-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-5306; Directorate Identifier 2015-SW-010-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Helicopters Deutschland GmbH Helicopters AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB-BK 117 C-2 helicopters. This proposed AD would require inspecting each terminal lug and replacing any lug that has discoloration, corrosion, incorrect crimping, or incorrect installation. This proposed AD is prompted by the discovery that terminal lugs with incorrect crimping may have been installed on these helicopters. The proposed actions are intended to detect incorrectly installed or crimped terminal lugs and prevent contact resistance and reduced gastightness between the wire and terminal lug, subsequent loss of electrical power, and an electrical fire.

    DATES:

    We must receive comments on this proposed AD by June 21, 2016.

    ADDRESSES:

    You may send comments by any of the following methods:

    Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your comments electronically.

    Fax: 202-493-2251.

    Mail: Send comments 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 20590-0001.

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

    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-2016-5306; or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the European Aviation Safety Agency (EASA) AD, the economic 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 service information identified in this proposed rule, contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at http://www.airbushelicopters.com/techpub. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

    FOR FURTHER INFORMATION CONTACT:

    George Schwab, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected]

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time.

    We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive.

    Discussion

    EASA, which is the Technical Agent for the Member States of the European Union, has issued AD No. 2015-0044, dated March 13, 2015, to correct an unsafe condition for certain serial-numbered Airbus Helicopters Model MBB-BK117 C-2 helicopters. EASA advises that terminal lugs with incorrect crimping may have been installed on some helicopters in production, and that an incorrect crimping die or crimp tool setting may have been used to terminate the lugs. According to EASA, incorrect crimping may adversely affect contact resistance and gastightness of the contact between the wire and the terminal lug. EASA further advises that this condition, if not detected and corrected, could lead to the loss of electrical power during flight. Because of this, the EASA AD requires a one-time visual inspection of the terminal lugs and replacement of affected lugs if incorrect crimping is found.

    FAA's Determination

    These helicopters have been approved by the aviation authority of Germany and are approved for operation in the United States. Pursuant to our bilateral agreement with Germany, EASA, its technical representative, has notified us of the unsafe condition described in its AD. We are proposing this AD because we evaluated all known relevant information and determined that an unsafe condition is likely to exist or develop on other products of the same type design.

    Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters Alert Service Bulletin ASB MBB-BK117 C-2-24A-013, Revision 1, dated November 25, 2014 (ASB). The ASB specifies a visual inspection of the terminal lugs in the distribution and diode boxes for correct crimping, damage, discoloration, corrosion, and correct installation. If any deviation is detected, the terminal lug must be replaced. The ASB also specifies reporting certain information to Airbus Helicopters.

    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.

    Proposed AD Requirements

    This proposed AD would require, within 100 hours time-in-service or 12 months, whichever occurs first, inspecting each terminal lug for discoloration and corrosion, and for correct crimping and correct installation. If a terminal lug is not correctly crimped or installed or if it has any discoloration or corrosion, this proposed AD would require replacing it before further flight.

    Costs of Compliance

    We estimate that this proposed AD would affect 183 helicopters of U.S. Registry.

    We estimate that operators may incur the following costs in order to comply with this AD. Labor costs are estimated at $85 per work-hour. We estimate about 9 work-hours to inspect the terminal lugs for a cost of $765 per helicopter and $139,995 for the U.S. operator fleet. The cost to replace a lug is minimal.

    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, 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 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.

    We prepared an economic evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket.

    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): Airbus Helicopters Deutschland GmbH: Docket No. FAA-2016-5306; Directorate Identifier 2015-SW-010-AD. (a) Applicability

    This AD applies to Model MBB-BK 117 C-2 helicopters, certificated in any category, with a serial number as listed in the Planning Information, paragraph 1.A.1, of Airbus Helicopters Alert Service Bulletin ASB MBB-BK117 C-2-24A-013, Revision 1, dated November 25, 2014 (ASB).

    (b) Unsafe Condition

    This AD defines the unsafe condition as a terminal lug with incorrect crimping. This condition could result in contact resistance and reduced gastightness between the wire and terminal lug and a subsequent loss of electrical power, which could cause an electrical fire.

    (c) Comments Due Date

    We must receive comments by June 21, 2016.

    (d) Compliance

    You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

    (e) Required Actions

    Within 100 hours time-in-service or 12 months, whichever occurs first:

    (1) Using a mirror, inspect each terminal lug for discoloration and corrosion, and for correct crimping and correct installation in accordance with the Accomplishment Instructions, Table 1, and the examples in Figure 1 through Figure 5 of the ASB.

    (2) If a terminal lug is not correctly crimped or installed or if it has any discoloration or corrosion, replace it before further flight.

    (f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: George Schwab, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected]

    (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.

    (g) Additional Information

    (1) You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

    (2) The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2015-0044, dated March 13, 2015. You may view the EASA AD on the Internet at http://www.regulations.gov in the AD Docket.

    (h) Subject

    Joint Aircraft Service Component (JASC) Code: 24 Electrical Power.

    Issued in Fort Worth, Texas, on April 13, 2016. Scott A. Horn, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2016-09237 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-4074; Airspace Docket No. 15-AWP-16] Proposed Amendment of Class E Airspace, Truckee, CA AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Supplemental notice of proposed rulemaking (SNPRM).

    SUMMARY:

    This supplemental notice of proposed rulemaking would establish Class E surface area airspace within a 4.2-mile radius of Truckee-Tahoe Airport, Truckee, CA, to increase safety and enhance existing instrument flight rules (IFR) procedures in the immediate vicinity of Truckee-Tahoe Airport, Truckee, CA. In an NPRM published in the Federal Register on December 18, 2015, the FAA proposed to amend Class E airspace extending upward from 700 feet above the surface at Truckee-Tahoe Airport. The FAA concurs with a comment received regarding the proposal, and finds establishing Class E surface area airspace along with the proposed Class E airspace modification is warranted for the safety and management of IFR operations.

    DATES:

    Comments must be received on or before June 6, 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 Docket No. FAA-2015-4074/Airspace Docket No. 15-AWP-16, 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:

    Tom Clark, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4511.

    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 Truckee-Tahoe Airport, Truckee, CA.

    Comments Invited

    Interested parties are invited to participate in this supplemental 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 (Docket No. FAA-2015-4074/Airspace Docket No. 15-AWP-16) and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at http://www.regulations.gov.

    Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2015-4074/Airspace Docket No. 15-AWP-16”. The postcard will be date/time stamped and returned to the commenter.

    All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

    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 Northwest Mountain Regional Office of the Federal Aviation Administration, Air Traffic Organization, Western Service Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA 98057.

    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.

    History

    On December 18, 2015, the FAA published in the Federal Register an NPRM proposing to modify Class E airspace extending upward from 700 feet above the surface at Truckee-Tahoe Airport, Truckee, CA (80 FR, 78988) FAA-2015-4074. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. One comment was received from the Truckee-Tahoe Airport District presenting safety concerns with regard to existing Instrument Flight Rules procedures and current aircraft operations, especially when considering the surrounding terrain. The commenter suggested the establishment of Class E surface area airspace within 4.2 miles of Truckee-Tahoe Airport to improve the safety of the existing airspace and operations. The FAA considered this proposal and determined the density and complexity of existing airport traffic and operations is sufficient to establish Class E surface area airspace.

    The Supplemental Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) Part 71 by establishing Class E surface airspace extending upward from the surface within a 4.2-mile radius of Truckee-Tahoe Airport, Truckee, CA. This supplemental proposal adds to the NPRM amending Class E airspace extending upward from 700 feet above the surface, published in the Federal Register [80 FR 78988, December 18, 2015].

    Class E airspace designated as surface areas are published in paragraph 6002 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 6002 Class E Airspace Designated as Surface Areas. AWP CA E2 Truckee, CA [New] Truckee-Tahoe Airport, CA (Lat. 39°19′12″ N., long. 120°08′22″ W.)

    That airspace extending upward from the surface within a 4.2-mile radius of Truckee-Tahoe Airport.

    Issued in Seattle, Washington, on April 15, 2016. Tracey Johnson, Manager, Operations Support Group, Western Service Center.
    [FR Doc. 2016-09300 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2016-4236; Airspace Docket No. 16-ASW-5] Proposed Revocation of Class E Airspace; Lake Providence, LA AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to remove Class E airspace extending upward from 700 feet above the surface at Byerley Airport, Lake Providence, LA. The decommissioning of non-directional radio beacons (NDB) and cancellation of Standard Instrument Approach Procedures (SIAPs) have made this action necessary for continued safety and management within the National Airspace System.

    DATES:

    Comments must be received on or before June 6, 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-2016-4236; Airspace Docket No. 16-ASW-5, 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:

    Rebecca Shelby, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5857.

    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 remove Class E airspace at Byerley Airport, Lake Providence, LA.

    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-2016-4236/Airspace Docket No. 16-ASW-5.” 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 proposes to 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 removing Class E airspace extending upward from 700 feet above the surface within a 6.3 mile radius of Byerley Airport, Lake Providence, LA, and within 2.5 miles each side of the 004° bearing from the Lake Providence RBN extending from the 6.3 mile radius to 7.1 miles north of the airport at Lake Providence, LA. This action is necessary due to the cancellation of Standard Instrument Approach Procedures (SIAPs), and controlled airspace is no longer necessary due to the decommissioning of the NDB and cancellation of the NDB approach at Byerley Airport, Lake Providence, LA.

    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 ASW LA E5 Lake Providence, LA (Removed) Issued in Fort Worth, Texas, on March 31, 2016. Robert W. Beck, Manager, Operations Support Group, Central Service Center.
    [FR Doc. 2016-08770 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 1271 [Docket No. FDA-2015-D-3719] Draft Guidances Relating to the Regulation of Human Cells, Tissues, and Cellular and Tissue-Based Products; Rescheduling of Public Hearing; Request for Comments AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notification of rescheduling of public hearing; request for comments.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing a 2-day public hearing to obtain input on four draft guidance documents relating to the regulation of human cells, tissues, and cellular and tissue-based products (HCT/Ps). FDA had announced a 1-day public hearing for April 13, 2016, to obtain input on the guidances, but on February 29, 2016, announced that due to considerable interest in the public hearing and to give stakeholders additional time to provide comments to the Agency, the hearing was postponed. FDA also stated its intent to extend the comment period for the four draft guidance documents and to schedule a scientific workshop to identify and discuss the scientific considerations and challenges to help inform the development of HCT/Ps subject to premarket approval, including stem cell-based products. FDA will consider information it obtains from the public hearing in the finalization of the four draft guidance documents.

    DATES:

    The public hearing will be held on September 12 and 13, 2016, from 9 a.m. to 5 p.m. The hearing on September 13 may be extended or end early depending on the number of speakers scheduled. Persons (including FDA employees) seeking to view the hearing via a live Webcast are not required to register. Persons (including FDA employees) seeking to attend in person or to attend and speak at the public hearing must register by June 1, 2016. FDA will notify registered speakers of their scheduled times, and make available an agenda at http://www.fda.gov/BiologicsBloodVaccines/NewsEvents/WorkshopsMeetingsConferences/ucm462125.htm on or before July 1, 2016. Once FDA notifies registered speakers of their scheduled times, speakers should submit an electronic copy of their presentation to [email protected] by August 1, 2016. Section IV of this document provides attendance and registration information. Electronic or written comments will be accepted after the public hearing until September 27, 2016.

    ADDRESSES:

    The public hearing will be held at the National Institutes of Health (NIH), 9000 Rockville Pike, Bldg. 10, Masur Auditorium, Bethesda, MD 20892. Entrance for the public hearing attendees and speakers (non-FDA employees) is through Bldg. 66 (Gateway Center), where routine security check procedures will be performed. For parking and security information, please refer to http://www.nih.gov/about-nih/visitor-information.

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2015-D-3719 for “Draft Guidances Relating to the Regulation of Human Cells, Tissues, and Cellular and Tissue-Based Products; Rescheduling of Public Hearing; Request for Comments.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on http://www.regulations.gov. Submit both copies to the Division of Dockets Management. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    A link to the live Webcast of this public hearing will be available at http://www.fda.gov/BiologicsBloodVaccines/NewsEvents/WorkshopsMeetingsConferences/ucm462125.htm on the day of the public hearing. Persons seeking to view the hearing via the live Webcast are not required to register. A video record of the public hearing will be available at http://www.fda.gov/BiologicsBloodVaccines/NewsEvents/WorkshopsMeetingsConferences/ucm462125.htm. A video record of the public hearing will be available at the same Web address for 1 year.

    FOR FURTHER INFORMATION CONTACT:

    Lori Jo Churchyard, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993, 240-402-7911, [email protected],hhs.gov.

    SUPPLEMENTARY INFORMATION: I. Background

    HCT/Ps are defined in § 1271.3(d) (21 CFR 1271.3(d)) as articles containing or consisting of human cells or tissues that are intended for implantation, transplantation, infusion, or transfer into a human recipient. FDA has implemented a risk-based approach to the regulation of HCT/Ps. Under the authority of section 361 of the Public Health Service (PHS) Act (42 U.S.C. 264), FDA established regulations for all HCT/Ps to prevent the introduction, transmission, and spread of communicable diseases. These regulations can be found in part 1271. HCT/Ps are regulated solely under section 361 of the PHS Act and part 1271, if they meet all of the following criteria (§ 1271.10(a)):

    • The HCT/P is minimally manipulated;

    • The HCT/P is intended for homologous use, as reflected by the labeling, advertising, or other indications of the manufacturer's objective intent;

    • The manufacture of the HCT/P does not involve the combination of the cells or tissues with another article, except for water, crystalloids, or a sterilizing, preserving or storage agent, provided that the addition of water, crystalloids, or the sterilizing, preserving, or storage agent does not raise new clinical safety concerns with respect to the HCT/P; and

    • Either

    ○ The HCT/P does not have a systemic effect and is not dependent upon the metabolic activity of living cells for its primary function, or

    ○ The HCT/P has a systemic effect or is dependent upon the metabolic activity of living cells for its primary function, and is for the following uses:

     Autologous,

     Allogeneic, in a first-degree or second-degree blood relative, or

     Reproductive.

    If an HCT/P does not meet all of the criterial set forth under § 1271.10(a), the HCT/P will be regulated as a drug, device, and/or biological product under the Federal Food, Drug, and Cosmetic Act, and/or section 351 of the PHS Act (42 U.S.C. 262).

    In certain circumstances as provided in § 1271.15, an establishment may not be required to comply with some or all of the requirements in part 1271. For example, an establishment is excepted from the requirements in part 1271 if it “removes HCT/P's from an individual and implants such HCT/P's into the same individual during the same surgical procedure” (§ 1271.15(b)).

    II. Draft Guidances

    As part of its commitment to public outreach and to explain the Agency's current thinking on the regulatory framework for HCT/Ps, FDA has issued the following four draft guidances: 1

    1http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/Tissue/default.htm.

    • Same Surgical Procedure Exception under 21 CFR 1271.15(b): Questions and Answers Regarding the Scope of the Exception; Draft Guidance for Industry (Same Surgical Procedure Exception Draft Guidance);

    • Minimal Manipulation of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance for Industry and Food and Drug Administration Staff (Minimal Manipulation Draft Guidance);

    • Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps) from Adipose Tissue: Regulatory Considerations; Draft Guidance for Industry (Adipose Tissue Draft Guidance); and

    • Homologous Use of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance for Industry and FDA Staff (Homologous Use Draft Guidance).

    The Same Surgical Procedure Exception Draft Guidance was announced in the Federal Register of October 23, 2014 (79 FR 63348), and provides answers to common questions regarding the scope of the exception. Comments were requested by December 22, 2014.

    The Minimal Manipulation Draft Guidance was announced in the Federal Register of December 23, 2014 (79 FR 77012), and provides recommendations for meeting the § 1271.10(a)(1) criterion of minimal manipulation. Comments were requested by February 23, 2015.

    The Adipose Tissue Draft Guidance was announced in the Federal Register of December 24, 2014 (79 FR 77414), and provides those who manufacture and use adipose tissue with recommendations for complying with the regulatory framework for HCT/Ps. Comments were requested by February23, 2015.

    The Homologous Use Draft Guidance was announced in the Federal Register of October 30, 2015 (80 FR 66850), and provides recommendations for meeting the § 1271.10(a)(2) homologous use criterion. Comments were requested by April 29, 2016. Also in the Federal Register of October 30, 2015, FDA reopened the comment periods to FDA's public dockets on the three draft guidance documents: Same Surgical Procedure Exception Draft Guidance (Docket No. FDA-2014-D-1584; 80 FR 66847); Minimal Manipulation Draft Guidance (Docket No. FDA-2014-D-1696; 80 FR 66844), and the Adipose Tissue Draft Guidance (Docket No. FDA-2014-D-1856; 80 FR 66849). Comments were requested by April 29, 2016.

    In the Federal Register of October 30, 2015 (80 FR 66845), FDA announced a public hearing in a notice entitled “Draft Guidances Relating to the Regulation of Human Cells, Tissues, and Cellular and Tissue-Based Products; Public Hearing; Request for Comments,” which was to be held on April 13, 2016. Comments were requested by April 29, 2016.

    On February 29, 2016, FDA postponed the public hearing to give stakeholders additional time to provide comments to the Agency. FDA also stated its intent to extend the comment period for the four draft guidance documents and to schedule a scientific workshop to identify and discuss the scientific considerations and challenges to help inform the development of HCT/Ps subject to premarket approval, including stem cell-based products.

    Elsewhere in this issue of the Federal Register, FDA is announcing the extension of the comment period for the four draft guidance documents. In a separate document, FDA is also announcing a public scientific workshop to identify and discuss scientific considerations and challenges to help inform the development of HCT/Ps subject to premarket approval, including stem cell-based products. FDA will provide a summary of the scientific workshop at the public hearing.

    III. Purpose and Scope of the Public Hearing

    The purpose of this public hearing is to obtain comments on the four draft guidances. FDA is seeking feedback on the four draft guidances, both general and specific, from a broad group of stakeholders, including tissue establishments, biological and device product manufacturers, health care professionals, clinicians, biomedical researchers, and the public. For example, FDA would like comments on the scope of the four draft guidances, including the particular topics covered, the particular questions posed, whether there are additional issues for which guidance would be helpful, and whether FDA's recommendations for each topic are sufficiently clear and consistent within and across documents to provide meaningful guidance to stakeholders. In addition, FDA welcomes comments that will enhance the usefulness and clarity of these documents.

    FDA recommends that comments exclude discussion of products that do not meet the definition of an HCT/P, such as platelet-rich plasma and other blood products. FDA also recommends that stakeholders coordinate comments when possible, in order to allow for presentation of a wide range of perspectives within the allotted time of the hearing.

    IV. Attendance and Registration

    The NIH campus is a Federal facility with security procedures and limited seating. Attendance is free.

    Persons (including FDA employees) seeking to view the hearing via a live Webcast are not required to register.

    Persons (including FDA employees) who wish to attend in person, but not speak at the public hearing, must register at https://www.eventbrite.com/e/part-15-hearing-on-draft-guidances-relating-to-the-regulation-of-hctps-registration-22921962206 on or before June 1, 2016, and provide complete contact information, including name, title, affiliation, email, and phone number. Those without email access may register by contacting Sherri Revell or Loni Warren Henderson at 240-402-8010. There will be no onsite registration for this hearing.

    Persons (including FDA employees) who wish to attend and speak at the public hearing must register at https://www.eventbrite.com/e/part-15-hearing-on-draft-guidances-relating-to-the-regulation-of-hctps-registration-22921962206 on or before June 1, 2016. Persons who wish to attend and speak at the public hearing will be required to provide complete contact information, including name, title, affiliation, email, and phone number. To help FDA organize the presentations, persons who wish to attend and speak must also indicate whether they are speaking on their own behalf or on behalf of an organization. If speaking on behalf of an organization, the name of the organization must be provided. Persons who wish to attend and speak must also indicate if they will be speaking on the draft guidance documents. Individuals and organizations with common interests should consolidate or coordinate their presentations and request time for a joint presentation. There will be no open public session at the public hearing.

    FDA will do its best to accommodate requests to speak at the public hearing and will determine the amount of time allotted for each oral presentation, and the approximate time that each oral presentation will be scheduled to begin. Multiple speakers from the same organization will be given one presentation slot for that organization. If the number of persons or organizations requesting to speak is greater than can be reasonably accommodated, FDA will close registration for speakers. FDA will notify registered speakers of their scheduled times, and make available an agenda at http://www.fda.gov/BiologicsBloodVaccines/NewsEvents/WorkshopsMeetingsConferences/ucm462125.htm on or before July 1, 2016. Once FDA notifies registered speakers of their scheduled times, presenters should submit an electronic copy of their presentation to [email protected] by August 1, 2016.

    If you need special accommodations because of a disability, please contact Sherri Revell or Loni Warren Henderson at 240-402-8010 at least 7 days before the hearing.

    A link to the live Webcast of this public hearing will be available at http://www.fda.gov/BiologicsBloodVaccines/NewsEvents/WorkshopsMeetingsConferences/ucm462125.htm on the day of the public hearing. A video record of the public hearing will be available at http://www.fda.gov/BiologicsBloodVaccines/NewsEvents/WorkshopsMeetingsConferences/ucm462125.htm. A video record of the public hearing will be available at the same Web address for 1 year.

    V. Notice of Hearing Under 21 CFR Part 15

    The Commissioner of Food and Drugs is announcing that the public hearing will be held in accordance with part 15 (21 CFR part 15). The hearing will be conducted by a presiding officer, who will be accompanied by FDA senior management from the Office of the Commissioner and the Center for Biologics Evaluation and Research.

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

    VI. Transcripts

    Please be advised that as soon as a transcript is available, it will be accessible at www.regulations.gov and http://www.fda.gov/BiologicsBloodVaccines/NewsEvents/WorkshopsMeetingsConferences/ucm462125.htm. It may be viewed at the Division of Dockets Management (see ADDRESSES). A transcript will also be available in either hardcopy or on CD-ROM, after submission of a Freedom of Information request. The Freedom of Information office address is available on the Agency's Web site at http://www.fda.gov.

    Dated: April 19, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-09372 Filed 4-21-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 1271 [Docket Nos. FDA-2014-D-1584, FDA-2014-D-1696, FDA-2014-D-1856, and FDA-2015-D-3581] Draft Guidances Relating to the Regulation of Human Cells, Tissues, and Cellular and Tissue-Based Products; Extension of Comment Periods AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notification; extension of comment periods.

    SUMMARY:

    The Food and Drug Administration (FDA or the Agency) is extending the comment period for the draft guidance documents entitled “Same Surgical Procedure Exception: Questions and Answers Regarding the Scope of the Exception; Draft Guidance for Industry”; “Minimal Manipulation of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance for Industry and Food and Drug Administration Staff”; “Human Cells, Tissues, and Cellular and Tissue-Based Products from Adipose Tissue: Regulatory Considerations; Draft Guidance for Industry”; and ”Homologous Use of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance for Industry and FDA Staff.” The Agency is taking this action to allow interested persons additional time to submit comments and any new information.

    DATES:

    FDA is extending the comment period on the four draft guidances announced in the Federal Register (see SUPPLEMENTARY INFORMATION). Submit either electronic or written comments by September 27, 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-2014-D-1584 for “Same Surgical Procedure Exception under 21 CFR 1271.15(b): Questions and Answers Regarding the Scope of the Exception; Draft Guidance for Industry”; Docket No. FDA-2014-D-1696 for “Minimal Manipulation of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance for Industry and Food and Drug Administration Staff”; Docket No. FDA-2014-D-1856 for “Human Cells, Tissues, and Cellular and Tissue-Based Products from Adipose Tissue: Regulatory Considerations; Draft Guidance for Industry”; or Docket No. FDA-2015-D-3581 for “Homologous Use of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance for Industry and FDA Staff.” 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 Jo Churchyard, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993, 240-402-7911, [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Federal Register of October 23, 2014 (79 FR 63348), FDA announced the availability of a draft document entitled “Same Surgical Procedure Exception under 21 CFR 1271.15(b): Questions and Answers Regarding the Scope of the Exception; Draft Guidance for Industry” dated October 2014.

    In the Federal Register of December 23, 2014 (79 FR 77012), FDA announced the availability of a draft document entitled “Minimal Manipulation of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance for Industry and Food and Drug Administration Staff” dated December 2014.

    In the Federal Register of December 24, 2014 (79 FR 77414), FDA announced the availability of a draft document entitled “Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps) from Adipose Tissue: Regulatory Considerations; Draft Guidance for Industry” dated December 2014.

    Following publication of these three notices of availability, FDA received requests to allow interested persons additional time to comment.

    In the Federal Register of October 30, 2015 (80 FR 66850), FDA announced the availability of a draft document entitled “Homologous Use of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance for Industry and FDA Staff” dated October 2015.

    In the Federal Register of October 30, 2015 (80 FR 66845), FDA announced a public hearing in a notice entitled “Draft Guidances Relating to the Regulation of Human Cells, Tissues, or Cellular or Tissue-Based Products; Public Hearing; Request for Comments”.

    The draft guidances on same surgical procedure, minimal manipulation, adipose tissue, and homologous use provide recommendations for complying with the regulatory framework for human cells, tissues, and cellular and tissue based products under 21 CFR part 1271 that were to be discussed during the part 15 (21 CFR part 15) hearing. In conjunction with the part 15 hearing and announcement of availability of the homologous use draft guidance, in the Federal Register of October 30, 2015 (80 FR 66847; 80 FR 66844; 80 FR 66849), FDA reopened the comment periods on the same surgical procedure, minimal manipulation, and adipose tissue draft guidances, respectively, to allow potential respondents time to thoroughly evaluate and address pertinent issues. Comments were requested by April 29, 2016. In this notice FDA is extending the comment period to September 27, 2016.

    Elsewhere in this issue of the Federal Register, FDA is announcing the rescheduling of a 2-day part 15 public hearing to September 12 and 13, 2016, to obtain input from stakeholders on the four issued draft guidance documents. In a separate document, FDA is also announcing a public scientific workshop to identify and discuss scientific considerations and challenges to help inform the development of human cells, tissues, and cellular and tissue-based products subject to premarket approval, including stem cell-based products.

    Dated: April 19, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-09366 Filed 4-21-16; 8:45 am] BILLING CODE 4164-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0618; FRL-9945-21-Region 4] Air Plan Approval: Tennessee: Knox County VOC Limits Revision for Permits AGENCY:

    Environmental Protection Agency.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve a portion of a State Implementation Plan (SIP) revision submitted by the State of Tennessee, submitted on March 14, 2014, through the Tennessee Department of Environmental Conservation on behalf of the Knox County Department of Air Quality Management (Knox County) to address changes to a Knox County regulation regarding permits. EPA is proposing to approve this SIP revision because the State has demonstrated that it is consistent with the Clean Air Act.

    DATES:

    Written comments must be received on or before May 23, 2016.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R04-OAR-2015-0618 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Zuri Farngalo or D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Farngalo can be reached at (404) 562-9152 and via electronic mail at [email protected] Mr. Akers can be reached at (404) 562-9089 and via electronic mail at [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Rules and Regulations section of this issue of the Federal Register, EPA is approving the State's implementation plan revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

    Dated: April 6, 2016. Heather McTeer Toney, Regional Administrator, Region 4.
    [FR Doc. 2016-09160 Filed 4-21-16; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management 43 CFR Part 1600 [LLWO210000.16X.L16100000.PN0000] RIN 1004-AE39 Resource Management Planning AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Proposed rule; extension of public comment period.

    SUMMARY:

    On February 25, 2016, the Bureau of Land Management (BLM) published in the Federal Register a proposed rule to amend existing regulations that establish the procedures used to prepare, revise, or amend land use plans pursuant to the Federal Land Policy and Management Act (FLPMA). The proposed rule would enable the BLM to more readily address landscape-scale resource issues, such as wildfire, habitat connectivity, or the demand for renewable and non-renewable energy sources and to respond more effectively to environmental and social changes. The proposed rule would further emphasize the role of science in the planning process and the importance of evaluating the resource, environmental, ecological, social, and economic conditions at the onset of planning. The proposed rule would affirm the important role of other Federal agencies, State and local governments, Indian tribes, and the public during the planning process, and would enhance opportunities for public involvement and transparency during the preparation of resource management plans. Finally, the proposed rule would make revisions to clarify existing text and use plain language to improve the readability of the planning regulations. This notice extends the public comment period for 30 days beyond the initial comment-period deadline.

    DATES:

    Send your comments on this proposed rule to the BLM on or before May 25, 2016. The BLM need not consider, or include in the administrative record for the final rule, comments that the BLM receives after the close of the comment period or comments delivered to an address other than those listed below (see ADDRESSES).

    ADDRESSES:

    Mail: U.S. Department of the Interior, Director (630), Bureau of Land Management, Mail Stop 2134 LM, 1849 C St. NW., Washington, DC 20240, Attention: 1004-AE39. Personal or messenger delivery: Bureau of Land Management, 20 M Street SE., Room 2134 LM, Attention: Regulatory Affairs, Washington, DC 20003. Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions at this Web site.

    FOR FURTHER INFORMATION CONTACT:

    Leah Baker, Division Chief, Decision Support, Planning and NEPA, at 202-912-7282, for information relating to the BLM's national planning program or the substance of this proposed rule. For information on procedural matters or the rulemaking process, you may contact Charles Yudson at 202-912-7437. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individuals during normal business hours. FIRS is available 24 hours a day, 7 days a week to leave a message or question with the above individuals. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION: Public Comment Procedures

    If you wish to comment, you may submit your comments by any one of several methods listed in the ADDRESSES section above. Please make your comments as specific as possible by confining them to issues directly related to the content of the proposed rule, and explain the basis for your comments. The comments and recommendations that will be most useful and likely to influence agency decisions are:

    1. Those supported by quantitative information or studies; and

    2. Those that include citations to, and analyses of, the applicable laws and regulations.

    The BLM is not obligated to consider or include in the Administrative Record for the rule comments received after the close of the comment period (see DATES) or comments delivered to an address other than those listed above (see ADDRESSES).

    Comments, including names and street addresses of respondents, will be available for public review at the address listed under ADDRESSES during regular hours (7:45 a.m. to 4:15 p.m.), Monday through Friday, except holidays.

    Before including your address, telephone number, email address, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so.

    Background

    The proposed rule was published on February 25, 2016 (81 FR 9674), with a 60-day comment period closing on April 25, 2016. Since publication, the BLM has received requests to extend the comment period on the proposed rule. After considering these requests, the BLM determined that it is appropriate to grant the requests to extend the comment period, and the BLM is hereby extending the comment period on the rule for 30 days. The closing date of the extended comment period is May 25, 2016.

    Janice M. Schneider, Assistant Secretary, Land and Minerals Management.
    [FR Doc. 2016-09439 Filed 4-21-16; 8:45 am] BILLING CODE 4310-84-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1816 and 1852 RIN 2700-AE31 NASA Federal Acquisition Regulation Supplement: Clarification of Award Fee Evaluations and Payments (NFS Case 2016-N008) AGENCY:

    National Aeronautics and Space Administration.

    ACTION:

    Proposed rule.

    SUMMARY:

    NASA is proposing to amend the NASA Federal Acquisition Regulation Supplement (NFS) to clarify NASA's award fee process by incorporating terms used in award fee contracting; guidance relative to final award fee evaluations; release of source selection information; and the calculation of the provisional award fee payment percentage in NASA end-item award fee contracts.

    DATES:

    Comments on the proposed rule should be submitted in writing to the address shown below on or before June 21, 2016, to be considered in the formation of a final rule.

    ADDRESSES:

    Submit comments identified by NFS Case 2016-N008, using any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering “NFS Case 2016-N008” under the heading “Enter keyword or ID” and selecting “Search.” Select the link “Submit a Comment” that corresponds with “NFS Case 2016-N008.” Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “NFS Case 2016-N008” on your attached document.

    Email: [email protected] Include NFS Case 2016-N008 in the subject line of the message.

    Fax: (202) 358-3082.

    Mail: NASA Headquarters (HQ), Office of Procurement, Contract and Grant Policy Division, Attn: Mr. William Roets, Suite 5M18, 300 E Street SW., Washington, DC 20546-0001.

    FOR FURTHER INFORMATION CONTACT:

    Mr. William Roets, NASA HQ, Office of Procurement, Contract and Grant Policy Division, Suite 5M18, 300 E Street SW., Washington, DC 20456-0001. Telephone 202-358-4483; facsimile 202-358-3082.

    SUPPLEMENTARY INFORMATION: I. Background

    NASA is proposing to revise the NFS to clarify NASA's award fee process. As part of the NASA Office of Procurement internal reviews and the NASA Office of the Inspector General (OIG) audit entitled “NASA's Use of Award Fee Contracts,” Report Number IG-14-003, NASA is implementing revisions to NFS 1816.4 and 1852.216-77 to clarify NASA's award fee evaluation and payment processes.

    II. Discussion

    NASA is proposing the following revisions to clarify NASA's award fee process:

    • Add new definitions section at NFS 1816.001. Definitions for Earned Award Fee and Unearned Award Fee are being added to provide clarity and consistency in how these terms are utilized in NASA's award fee evaluation process.

    • Revise NFS 1816.405-273(b) to provide further management review for final award fee determinations that meet certain criteria as outlined in this rule's revised NFS text.

    • Revise NFS 1816.405-273(c) to provide clarification regarding the release of source selection information that is included in the Contractor Performance Assessment Reporting System (CPARS).

    • Revise NFS 1816.405-276(b) and 1852.216-77(c)(3) to clarify how provisional award fee payments are calculated in NASA end-item award fee contracts. The current NFS text describes this calculation as “limited to a percentage not to exceed 80 percent of the prior interim period's evaluation score” and yet does not address how the first award fee evaluation period should be handled. To address this issue, NFS is being revised to read: “limited to a percentage not to exceed 80 percent of the prior interim period's evaluation score, except for the first evaluation period, which is limited to 80 percent of the available award fee for that evaluation period.”

    • In addition, since the FAR removed clause 52.216-13 in Federal Acquisition Circular (FAC) 2005-17, NASA is removing references to this clause contained in NFS 1816.307, 1816.307-70, and 1852.216-89.

    III. Executive Orders 12866 and 13563

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

    IV. Regulatory Flexibility Act

    NASA does not expect this rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the guidance largely clarifies NASA's award fee evaluation and payment process, which should result in a more consistent use and administration of award fees within NASA. These revisions should provide all entities, both large and small, with a positive benefit. However, an initial regulatory flexibility analysis (IRFA) has been performed and is summarized as follows:

    An analysis of data in the Federal Procurement Data System (FPDS) revealed that award fee contracts are primarily awarded to large businesses with large dollar contracts. An analysis of FPDS data over the past three years (Fiscal Year (FY)2013 through FY2015) showed that an average of 157 award fee contracts were awarded at NASA per year, of which 33 (approximately 20%) were awarded to small businesses. Thus, the application of the award fee revisions contained in this rule do not apply to a substantial number of small entities.

    The rule imposes no reporting, recordkeeping, or other information collection requirements. The rule does not duplicate, overlap, or conflict with any other Federal rules, and there are no known significant alternatives to the rule.

    NASA invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities.

    NASA will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U.S.C. 610. Interested parties shall submit such comments separately and should cite 5 U.S.C. 610 (NFS Case 2016-N008), in correspondence.

    V. Paperwork Reduction Act

    The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

    List of Subjects in 48 CFR Part 1816 and 1852

    Government procurement.

    Manuel Quinones, NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1816 and 1852 are proposed to be amended as follows:

    1. The authority citation for parts 1816 and 1852 continues to read as follows: Authority:

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

    PART 1816—TYPES OF CONTRACTS 2. Add section 1816.001 to read as follows:
    1816.001 Definitions.

    As used in this part—

    “Earned Award Fee” means the payment of the full amount of an award fee evaluation period's score/rating.

    “Unearned Award Fee” means the difference between the available award fee pool amount for a given award fee evaluation period less the contractor's earned award fee amount for that same evaluation period.

    1816.307 [Amended]
    3. Amend section 1816.307 by removing paragraph (g)(1) in its entirety. 4. Revise section 1816.307-70, in paragraph (f), to read as follows:
    1816.307-70 NASA contract clauses.

    (f) When FAR clause 52.216-7, Allowable Cost and Payment, is included in the contract, as prescribed at FAR 16.307(a), the contracting officer should include the clause at 1852.216-89, Assignment and Release Forms.

    5. Amend section 1816.405-273 by revising paragraphs (b) and (c) to read as follows:
    1816.405-273 Award fee evaluations.

    (b) End Item Contracts. On contracts, such as those for end item deliverables, where the true quality of contractor performance cannot be measured until the end of the contract, only the last evaluation is final. At that point, the total contract award fee pool is available, and the contractor's total performance is evaluated against the award fee plan to determine total earned award fee. In addition to the final evaluation, interim evaluations are done to monitor performance prior to contract completion, provide feedback to the contractor on the Government's assessment of the quality of its performance, and establish the basis for making interim award fee payments (see 1816.405-276(a)). These interim evaluations and associated interim award fee payments are superseded by the fee determination made in the final evaluation at contract completion. However, if the final award fee adjectival rating is higher or lower than the average adjectival rating of all the interim award fee periods, or if the final award fee score is eight base percentage points higher or lower than the average award fee score of all interim award fee periods (e.g. 80% to 88%), then the Head of the Contracting Activity (HCA) or the Deputy Chief Acquisition Officer (if the HCA is the Fee Determination Official) shall review and concur in the final award fee determination. The Government will then pay the contractor, or the contractor will refund to the Government, the difference between the final award fee determination and the cumulative interim fee payments.

    (c) Control of evaluations. Interim and final evaluations may be used to provide past performance information during the source selection process in future acquisitions and should be marked and controlled as “Source Selection Information—see FAR 3.104”. See FAR 42.1503(h) regarding the requirements for releasing Source Selection Information included in the Contractor Performance Assessment Reporting System (CPARS).

    6. Amend section 1816.405-276 by revising the last sentence of paragraph (b) to read as follows:
    1816.405-276 Award fee payments and limitations.

    (b) * * * For an end item contract, the total amount of provisional payments in a period is limited to a percentage not to exceed 80 percent of the prior interim period's evaluation score, except for the first evaluation period which is limited to 80 percent of the available award fee for that evaluation period.

    PART 1852—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 7. Amend section 1852.216-77 by revising the date of the clause and paragraph (c)(3). The revised text reads as follows:
    1852.216-77 Award Fee for End Item Contracts.

    Award Fee for End Item Contracts (Date)

    (c)(1) * * *

    (3) Provisional award fee payments will [insert “not” if applicable] be made under this contract pending each interim evaluation. If applicable, provisional award fee payments will be made to the Contractor on a [insert the frequency of provisional payments (not more often than monthly) basis. The amount of award fee which will be provisionally paid in each evaluation period is limited to [Insert a percent not to exceed 80 percent] of the prior interim evaluation score (see [insert applicable cite]), except for the first evaluation period which is limited to [insert a percent not to exceed 80 percent] of the available award fee for that evaluation period. Provisional award fee payments made each evaluation period will be superseded by the interim award fee evaluation for that period. If provisional payments made exceed the interim evaluation score, the Contractor will either credit the next payment voucher for the amount of such overpayment or refund the difference to the Government, as directed by the Contracting Officer. If the Government determines that (i) the total amount of provisional fee payments will apparently substantially exceed the anticipated final evaluation score, or (ii) the prior interim evaluation is “poor/unsatisfactory,” the Contracting Officer will direct the suspension or reduction of the future payments and/or request a prompt refund of excess payments as appropriate. Written notification of the determination will be provided to the Contractor with a copy to the Deputy Chief Financial Officer (Finance).

    8. Amend section 1852.216-89 by revising the date of the clause, and the first sentence of the paragraph to read as follows:
    1852.216-89 Assignment and Release Forms. Assignment and Release Forms ([Date])

    The Contractor shall use the following forms to fulfill the assignment and release requirements of FAR clause 52.216-7, Allowable Cost and Payment:

    [FR Doc. 2016-09356 Filed 4-21-16; 8:45 am] BILLING CODE 7510-13-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 160104009-6314-01] RIN 0648-BF65 International Fisheries; Tuna and Tuna-Like Species in the Eastern Pacific Ocean; Fishing Restrictions Regarding Mobulid Rays AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    NMFS proposes regulations under the Tuna Conventions Act to implement Resolution C-15-04 (Resolution on the Conservation of Mobulid Rays Caught in Association with Fisheries in the IATTC Convention Area) of the Inter-American Tropical Tuna Commission (IATTC). Per the Resolution, this rule would prohibit any part or whole carcass of mobulid rays (i.e., the family Mobulidae, which includes manta rays (Manta spp.) and devil rays (Mobula spp.)) caught in the IATTC Convention Area from being retained on board, transshipped, landed, stored, sold, or offered for sale. In accordance with the Resolution, the proposed rule also includes requirements for release of mobulid rays. This proposed rule would also revise related codified text for consistency with the recent amendments to the Tuna Conventions Act. This action is necessary for the United States to satisfy its obligations as a member of the IATTC.

    DATES:

    Comments on the proposed rule and supporting documents must be submitted in writing by May 23, 2016.

    ADDRESSES:

    You may submit comments on this document, identified by NOAA-NMFS-2016-0035, by any of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0035, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Submit written comments to Rachael Wadsworth, NMFS West Coast Region Long Beach Office, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier “NOAA-NMFS-2016-0035” in the comments.

    Instructions: Comments must be submitted by one of the above methods to ensure they are received, documented, and considered by NMFS. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

    Copies of the draft Regulatory Impact Review and other supporting documents are available via the Federal eRulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2016-0035 or by contacting the Regional Administrator, William W. Stelle, Jr., NMFS West Coast Region, 7600 Sand Point Way NE., Bldg 1, Seattle, WA 98115-0070, or [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Rachael Wadsworth, NMFS, West Coast Region, 562-980-4036.

    SUPPLEMENTARY INFORMATION: Background on the IATTC

    The United States is a member of the IATTC, which was established under the 1949 Convention for the Establishment of an Inter-American Tropical Tuna Commission. In 2003, the IATTC adopted the Convention for the Strengthening of the IATTC Established by the 1949 Convention between the United States of America and the Republic of Costa Rica (Antigua Convention). The Antigua Convention entered into force in 2010. The United States acceded to the Antigua Convention on February 24, 2016. The full text of the Antigua Convention is available at: https://www.iattc.org/PDFFiles2/Antigua_Convention_Jun_2003.pdf.

    The IATTC consists of 21 member nations and four cooperating non-member nations and facilitates scientific research into, as well as the conservation and management of, tuna and tuna-like species in the IATTC Convention Area. The IATTC Convention Area is defined as waters of the eastern Pacific Ocean (EPO) within the area bounded by the west coast of the Americas and by 50° N. latitude, 150° W. longitude, and 50° S. latitude. The IATTC maintains a scientific research and fishery monitoring program and regularly assesses the status of tuna, sharks, and billfish stocks in the EPO to determine appropriate catch limits and other measures deemed necessary to promote sustainable fisheries and prevent the overexploitation of these stocks.

    International Obligations of the United States Under the Antigua Convention

    As a Party to the Antigua Convention and a member of the IATTC, the United States is legally bound to implement certain decisions of the IATTC. The Tuna Conventions Act (16 U.S.C. 951 et seq.), as amended on November 5, 2015, by Title II of Public Law 114-81, directs the Secretary of Commerce, in consultation with the Secretary of State and, with respect to enforcement measures, the U.S. Coast Guard for the Secretary of the Department of Homeland Security, to promulgate such regulations as may be necessary to carry out the United States' international obligations under the Antigua Convention, including recommendations and decisions adopted by the IATTC. The authority of the Secretary of Commerce to promulgate such regulations has been delegated to NMFS.

    Resolution on Mobulid Rays

    The IATTC adopted Resolution C-15-04 at its 89th meeting in July 2015 in response to the IATTC scientific staff's conservation recommendations related to requirements for release of mobulid rays and concern for the mortality of mobulid rays caught in the IATTC Convention Area. The main objective of Resolution C-15-04 is to promote conservation of mobulid rays by reducing incidental catch mortalities in IATTC fisheries in the EPO.

    U.S. commercial fishing vessels in the EPO do not target mobulid rays or commonly catch mobulid rays incidentally. Five species of mobulid rays are typically caught in the EPO: The giant manta ray (Manta birostris) and the Chilean (Mobula tarapacana), Munk's (M. munkiana), spinetail (M. japanica), and smoothtail (M. thurstoni) devil rays. The International Union for Conservation of Nature's Red List of Threatened Species categorizes the giant manta ray as vulnerable, while the Munk's devil ray and the smoothtail devil ray are categorized as near threatened. The Chilean devil ray and the spinetail devil ray are considered data deficient. In 2013, the giant manta ray was listed by the Convention on International Trade in Endangered Species of Wild Fauna and Flora as an Appendix II species.

    The Resolution calls for IATTC members and cooperating non-members (CPCs) to prohibit any part or whole carcass of mobulid rays (i.e., the family Mobulidae, which includes manta rays (Manta spp.) and devil rays (Mobula spp.)) caught in the IATTC Convention Area from being retained on board, transshipped, landed, stored, sold, or offered for sale. The Resolution provides an exemption in cases where a mobulid ray is unintentionally caught and frozen as part of a purse seine vessel's operation. In that case, the Resolution provides that the vessel owner or operator must surrender the whole mobulid ray to a responsible governmental authority at the point of landing. This provision of the Resolution is implemented in the proposed regulations in consideration of the fact that the U.S. Government does not have the authority or the ability to regulate foreign government authorities. Consequently, NMFS proposes that U.S. purse seine vessel owners or operators that unintentionally catch and freeze a mobulid ray would be required to show the observer the mobulid ray, and then dispose of the mobulid ray at the direction of the governmental authority. Mobulid rays surrendered in this manner may not be sold or bartered, but may be donated for purposes of domestic human consumption.

    The Resolution also requires that any mobulid ray (whether live or dead) caught in the IATTC Convention Area be promptly released unharmed, to the extent practicable, as soon as it is seen in the net, on the hook, or on the deck, without compromising the safety of any persons. Per the Resolution, the requirements for release include prohibitions on the gaffing of mobulid rays, the lifting of mobulid rays by the gill slits or spiracles, and the punching of holes through the bodies of mobulid rays (e.g., to pass a cable through for lifting the mobulid ray). Specific to purse seine vessels, the Resolution also provides that large mobulid rays must be brailed out of the net using methods such as those recommended in Poisson et al. 2012,1 which details safe practices to reduce the mortality of sharks and rays caught incidentally by tropical tuna purse seiners. Per the Resolution, large mobulid rays that cannot be released without compromising the safety of persons or the mobulid ray before being landed on deck must be returned to the water as soon as possible, preferably utilizing a ramp from the deck connecting to an opening on the side of the boat, or, if no such ramp is available, lowered with a sling or net. Poisson et al. describe the latter process of lowering a mobulid ray by using a piece of net or plastic canvas that can be lifted by the crane. The minimum size for the sling or net must be at least 25 feet in diameter. Poisson et al. further recommend that the crew, owner, or operator be prohibited from using bind wire tightly around the mobulid rays' body or inserting wire into their skin in order to tow or lift mobulid rays.

    1 Poisson, F., A.L. Vernet, B. Séret, and L. Dagorn. 2012. Good practices to reduce the mortality of sharks and rays caught incidentally by the tropical tuna purse seiners. EU FP7 project #210496 MADE, Deliverable 6.2., 30p. Available online: https://www.wcpfc.int/system/files/EB-IP-12-Good-practices-reduce-mortality-sharks-and-rays-caught-incidentally-tropical-tuna-purse-sei.pdf.

    The Resolution requires the number of discards and releases of mobulid rays, indicating the status (dead or alive) to be recorded, through observer programs. Any mobulid ray disposed of, at the direction of the responsible governmental authority, must also be recorded. Observers on U.S. commercial fishing vessels for drift gillnet and longline gear in the IATTC Convention Area already record the catch and release status of mobulid rays. However, observers on purse seine vessels have only been recording the release of dead mobulid rays and will now be required to record the release of live mobulid rays.

    The requirements of the Resolution do not apply to small-scale and artisanal fisheries that fish exclusively for domestic consumption and are flagged/registered by a developing CPC. Because the United States is not a developing nation, this exclusion need not be implemented in U.S. regulations.

    Proposed Regulations for Mobulid Rays

    This proposed rule would implement Resolution C-15-04, described above, for U.S. commercial fishing vessels used in the IATTC Convention Area. First, the proposed rule would prohibit any part or whole carcass of a mobulid ray caught by vessels owners or operators in the IATTC Convention Area from being retained on board, transshipped, landed, stored, sold, or offered for sale. Second, the proposed rule would require that the crew, operator, and owner of a U.S. commercial fishing vessel must promptly release unharmed, to the extent practicable, any mobulid ray (whether live or dead) caught in the IATTC Convention Area as soon as it is seen in the net, on the hook, or on the deck, without compromising the safety of any persons. If a mobulid ray is live when caught, the crew, operator, and owner of a U.S. commercial fishing vessel must follow the requirements for release that are described in the description of the Resolution (above) and incorporated into regulatory text. Regulations at 50 CFR 300.25 already require purse seine vessels to release all rays, except those being retained for consumption aboard the vessel, as soon as practicable after being identified on board the vessel during the brailing operation. This proposed rule would revise regulations at 50 CFR 300.25 to specify that there are other regulatory release requirements specifically for mobulid rays, as described above.

    Third, the proposed rule would provide an exemption in the case of any mobulid ray caught in the IATTC Convention Area on an observed purse seine vessel that is not seen during fishing operations and is delivered into the vessel hold. In this circumstance, the mobulid ray may be stored on board and landed, but the vessel owner or operator must show the whole mobulid ray to the observer at the point of landing, and then dispose of the mobulid ray at the direction of the responsible government authority. In U.S. ports the responsible governmental authority is NOAA Office of Law Enforcement, Western Division or Pacific Islands Division, or other authorized personnel. Mobulid rays that are caught and landed in this manner may not be sold or bartered, but may be donated for purposes of domestic human consumption consistent with relevant laws and policies. NMFS is soliciting public comment on other possible methods of use for mobulid rays, including donation for scientific purposes or discard.

    In addition, this proposed rule would also revise related codified text for consistency with the recent amendments to the Tuna Conventions Act (16 U.S.C. 951 et seq.) made by title II of Public Law 114-81 (November 5, 2015). The proposed rule would update the purpose and scope in § 300.20 by clarifying that the regulations in the subpart are issued under the “amended” authority of the Tuna Conventions Act of 1950, and that the regulations implement “recommendations and other decisions” of the IATTC for the conservation and management of stocks of “tunas and tuna-like species and other species of fish taken by vessels fishing for tunas and tuna-like species” in the IATTC Convention Area. The description of how NOAA implements IATTC recommendations and decisions by rulemaking in § 300.25 would also be revised to clarify that the Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the U.S. Coast Guard for the Secretary of the Department of Homeland Security, may promulgate such regulations as may be necessary to carry out the U.S. international obligations. In addition, to improve the readability of the regulatory text, this action would move several paragraphs of regulatory text related to bycatch in § 300.25(e) to a new § 300.27 that would be dedicated to incidental catch and retention requirements. Several paragraphs in the prohibitions at § 300.24 would be updated for consistency with the new section.

    Classification

    The NMFS Assistant Administrator has determined that this proposed rule is consistent with the Tuna Conventions Act and other applicable laws, subject to further consideration after public comment.

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

    There are no new collection-of-information requirements associated with this action that are subject to the Paperwork Reduction Act (PRA), and existing collection-of-information requirements still apply under the following Control Numbers: 0648-0148, 0648-0214, and 0648-0593. 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 Office of Management and Budget control number.

    Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The rationale for the certification is provided in the following paragraphs.

    As described previously in the SUPPLEMENTARY INFORMATION section, the proposed regulations would implement IATTC Resolution C-15-04, which would establish restrictions on mobulid rays as detailed above. The proposed regulations would also revise related codified text for consistency with the recent amendments to the Tuna Conventions Act. Alternatively, the absence of the proposed action would not implement the Resolution or update the codified text.

    On June 12, 2014, the Small Business Administration issued an interim final rule revising the small business size standards for several industries effective July 14, 2014 (79 FR 33467). The rule increased the size standard for Finfish Fishing from $19.0 million to $20.5 million, Shellfish Fishing from $5.0 million to $5.5 million, and Other Marine Fishing from $7.0 million to $7.5 million. NMFS conducted its analysis for this action in light of the new size standards. NMFS considers all entities subject to this action to be small entities as defined by both the former, lower size standards and the revised size standards. The small entities that would be affected by the proposed action are all U.S. commercial fishing vessels that may be used for IATTC fisheries in the IATTC Convention Area (i.e., purse seine, longline, and large-mesh drift gillnet (DGN)).

    There are two components to the U.S. tuna purse seine fishery in the EPO: (1) Purse seine vessels with at least 363 metric tons (mt) of fish hold volume (size class 6 vessels) that typically have been based in the western and central Pacific Ocean (WCPO), and (2) coastal purse seine vessels with smaller fish hold volume that are based on the U.S. West Coast. As of March 10, 2016, there are 15 size class 6 purse seine vessels on the IATTC Regional Vessel Register. The number of size class 6 purse seine vessels on the IATTC Regional Vessel Register has increased substantially in the past two years, due in part to uncertainty regarding fishing access pursuant to the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America (aka the South Pacific Tuna Treaty). In recent years, size class 6 purse seine vessels have landed most of the yellowfin, skipjack, and bigeye tuna catch in the EPO. Estimates of ex-vessel revenues for size class 6 purse seine vessels in the IATTC Convention Area since 2005 are confidential and may not be publicly disclosed because of the small number of vessels in the fishery. Since 2010, fewer than three coastal purse seine vessels targeted tunas; therefore, their landings and revenue are confidential. In 2014, eight coastal purse seine vessels landed 1,413 mt of tuna (ex-vessel value of about $1,535,000) in west coast ports.

    Participation in the large-mesh DGN fishery has declined significantly over the years, from 78 vessels in 2000 to 18 in 2013. The large-mesh DGN fishery primarily targets swordfish and to a lesser extent common thresher shark. During 2003 to 2014, the average ex-vessel value of the landings by the large mesh DGN fishery remained near $1.8 million per year.

    U.S. West Coast vessels with deep-set longline gear primarily target tuna species with a small percentage of swordfish and other highly migratory species taken incidentally. U.S. West Coast-based longline vessels fish primarily in the EPO and are currently restricted to fishing with deep-set longline gear outside of the U.S. West Coast EEZ. Given this restriction, there has been fewer than three west coast-based vessels operating out of southern California ports since 2005; therefore, landings and ex-vessel revenue are confidential. Recently, the number of Hawaii-permitted longline vessels that have landed in west coast ports has increased from one vessel in 2006 to 14 vessels in 2014. In 2014, 621 mt of highly migratory species were landed by Hawaii permitted longline vessels with an average ex-vessel revenue of approximately $247,857 per vessel.

    The available logbook data from 2005 to 2014 does not show a record of mobulid rays caught in fisheries without observers. In fisheries with observers only a few interactions have been recorded over that same time frame. Since at least 2005, the observer coverage rates on class size 6 vessels, large mesh DGN vessels, and deep-set longline vessels in the EPO have been a minimum of 100, 20, and 20 percent, respectfully. In addition, since 2005 the following interactions have been recorded on vessels with observers: three mobulid rays were caught on size class 6 purse seine vessels, all of which were discarded dead because the observers do not record the discard of mobulid rays that are alive when released; two Mobula spp. and one Manta spp. released dead onboard DGN vessels; and the live release of one giant manta ray, one Mobula spp., and two unspecified mobulid rays caught in the IATTC Convention area onboard longline vessels.

    The proposed action is not expected to have a significant economic impact on a substantial number of small entities. This action is not expected to change the typical fishing practices of affected vessels or the income of U.S. vessels because these vessels do not target mobulid rays, and do not commonly catch mobulid rays, even incidentally. In those rare situations when vessels owners and operators do catch mobulid rays, there would be some additional time burden for releasing them by implementing the release requirements. NMFS considers all entities subject to this action to be small entities as defined by both the former, lower size standards and the revised size standards. Because each affected vessel is a small business, this proposed action is considered to equally affect all of these small entities in the same manner. This action is not likely to increase the economic or record keeping and reporting burden on U.S. vessel owners and operators. Accordingly, vessel income is not expected to be altered as a result of this rule. As a result, an Initial Regulatory Flexibility Analysis is not required, and was not prepared for this proposed rule.

    List of Subjects in 50 CFR Part 300

    Fish, Fisheries, Fishing, Fishing vessels, International organizations, Marine resources, Reporting and recordkeeping requirements, Treaties.

    Dated: April 14, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 300 is proposed to be amended as follows:

    PART 300—INTERNATIONAL FISHERIES REGULATIONS 1. The authority citation for part 300, subpart C, continues to read as follows: Authority:

    16 U.S.C. 951 et seq.

    2. Section 300.20 is revised to read as follows:
    § 300.20 Purpose and scope.

    The regulations in this subpart are issued under the authority of the Tuna Conventions Act of 1950, as amended, (Act) and apply to persons and vessels subject to the jurisdiction of the United States. The regulations implement recommendations and other decisions of the Inter-American Tropical Tuna Commission (IATTC) for the conservation and management of stocks of tunas and tuna-like species and other species of fish taken by vessels fishing for tunas and tuna-like species in the IATTC Convention Area.

    3. In § 300.21, revise the introductory paragraph and add the definition for “Mobulid ray” in alphabetical order to read as follows:
    § 300.21 Definitions.

    In addition to the terms defined in § 300.2, the Act, and the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention between the United States of America and the Republic of Costa Rica (Antigua Convention), the terms used in this subpart have the following meanings. If a term is defined differently in § 300.2, in the Act, or in the Antigua Convention, the definition in this section shall apply.

    Mobulid ray means any animal in the family Mobulidae, which includes manta rays (Manta spp.) and devil rays (Mobula spp.).

    4. In § 300.24, revise paragraphs (e), (f), (h), (t), (w), and (x) and add paragraphs (cc) and (dd) to read as follows:
    § 300.24 Prohibitions.

    (e) Fail to retain any bigeye, skipjack, or yellowfin tuna caught by a fishing vessel of the United States of class size 4-6 using purse seine gear in the Convention Area as required under § 300.27(a).

    (f) When using purse seine gear to fish for tuna in the Convention Area, fail to release any non-tuna species as soon as practicable after being identified on board the vessel during the brailing operation as required in § 300.27(b).

    (h) Fail to use the sea turtle handling, release, and resuscitation procedures in § 300.27(c).

    (t) Use a U.S. fishing vessel to fish for HMS in the Convention Area and retain on board, transship, land, store, sell, or offer for sale any part or whole carcass of an oceanic whitetip shark (Carcharhinus longimanus) or fail to release unharmed, to the extent practicable, all oceanic whitetip sharks when brought alongside the vessel in contravention of § 300.27(d).

    (w) Set or attempt to set a purse seine on or around a whale shark (Rhincodon typus) in contravention of § 300.27(e).

    (x) Fail to release a whale shark encircled in a purse seine net of a fishing vessel as required in § 300.27(f).

    (cc) To retain on board, transship, store, land, sell, or offer for sale any part or whole carcass of a mobulid ray, as described in § 300.27(g).

    (dd) Fail to handle or release a mobulid ray as required in § 300.27(h).

    5. In § 300.25, revise paragraph (a), remove paragraph (e), and redesignate paragraphs (f) through (h) as (e) through (g), respectively, to read as follows:
    § 300.25 Eastern Pacific fisheries management.

    (a) IATTC recommendations and decisions. The Secretary of Commerce, in consultation with the Secretary of State and, with respect to enforcement measures, the U.S. Coast Guard, may promulgate such regulations as may be necessary to carry out the U.S. international obligations under the Convention, Antigua Convention, and the Act, including recommendations and other decisions adopted by the IATTC.

    6. Section 300.27 is added to subpart C to read as follows:
    § 300.27 Incidental catch and tuna retention requirements.

    (a) Tuna retention requirements for purse seine vessels. Bigeye, skipjack, and yellowfin tuna caught in the Convention Area by a fishing vessel of the United States of class size 4-6 (more than 182 metric tons carrying capacity) using purse seine gear must be retained on board and landed, except for fish deemed unfit for human consumption for reasons other than size. This requirement shall not apply to the last set of a trip if the available well capacity is insufficient to accommodate the entire catch.

    (b) Release requirements for non-tuna species on purse seine vessels. All purse seine vessels must release all shark, billfish, ray (not including mobulid rays, which are subject to paragraph (g) of this section), dorado (Coryphaena hippurus), and other non-tuna fish species, except those being retained for consumption aboard the vessel, as soon as practicable after being identified on board the vessel during the brailing operation.

    (c) Sea turtle handling and release. All purse seine vessels must apply special sea turtle handling and release requirements, as follows:

    (1) Whenever a sea turtle is sighted in the net, a speedboat shall be stationed close to the point where the net is lifted out of the water to assist in release of the sea turtle;

    (2) If a sea turtle is entangled in the net, net roll shall stop as soon as the sea turtle comes out of the water and shall not resume until the sea turtle has been disentangled and released;

    (3) If, in spite of the measures taken under paragraphs (c)(1) and (2) of this section, a sea turtle is accidentally brought on board the vessel alive and active, the vessel's engine shall be disengaged and the sea turtle shall be released as quickly as practicable;

    (4) If a sea turtle brought on board under paragraph (c)(3) of this section is alive but comatose or inactive, the resuscitation procedures described in § 223.206(d)(1)(i)(B) of this title shall be used before release of the turtle.

    (d) Oceanic whitetip shark restrictions. The crew, operator, or owner of a fishing vessel of the United States used to fish for HMS in the Convention Area shall be prohibited from retaining on board, transshipping, landing, storing, selling, or offering for sale any part or whole carcass of an oceanic whitetip shark (Carcharhinus longimanus) and must release unharmed, to the extent practicable, all oceanic whitetip sharks when brought alongside the vessel.

    (e) Whale shark restrictions for purse seine vessels. Owners, operators, and crew of fishing vessels of the United States commercially fishing for tuna in the Convention Area may not set or attempt to set a purse seine on or around a whale shark (Rhincodon typus) if the animal is sighted prior to the commencement of the set or the attempted set.

    (f) Whale shark release. The crew, operator, and owner of a fishing vessel of the United States commercially fishing for tuna in the Convention Area must release as soon as possible, any whale shark that is encircled in a purse seine net, and must ensure that all reasonable steps are taken to ensure its safe release.

    (g) Mobulid ray restrictions. The crew, operator, and owner of a U.S. commercial fishing vessel is prohibited from retaining on board, transshipping, storing, landing, selling, or offering for sale any part or whole carcass of a mobulid ray that is caught in the IATTC Convention Area, except as provided in the following sentence. In the case of any mobulid ray caught in the IATTC Convention Area on an observed purse seine vessel that is not seen during fishing operations and is delivered into the vessel hold, the mobulid ray may be stored on board and landed, but the vessel owner or operator must show the whole mobulid ray to the observer at the point of landing, and then dispose of the mobulid ray at the direction of the responsible government authority. In U.S. ports the responsible governmental authority is NOAA Office of Law Enforcement, Western Division or Pacific Islands Division, or other authorized personnel. Mobulid rays that are caught and landed in this manner may not be sold or bartered, but may be donated for purposes of domestic human consumption consistent with relevant laws and policies.

    (h) Mobulid ray handling and release. The crew, operator, and owner of a U.S. commercial fishing vessel must promptly release unharmed, to the extent practicable, any mobulid ray (whether live or dead) caught in the IATTC Convention Area as soon as it is seen in the net, on the hook, or on the deck, without compromising the safety of any persons. If a mobulid ray is live when caught, the crew, operator, and owner of a U.S. commercial fishing vessel must use the release procedures described in the following two paragraphs.

    (1) No mobulid ray may be gaffed, no mobulid ray may be lifted by the gill slits or spiracles or by using bind wire against or inserted through the body, and no holes may be punched through the bodies of mobulid ray (e.g., to pass a cable through for lifting the mobulid ray) .

    (2) Applicable to purse seine operations, large mobulid rays must be brailed out of the net by directly releasing the mobulid ray from the brailer into the ocean. Large mobulid rays that cannot be released without compromising the safety of persons or the mobulid ray before being landed on deck, must be returned to the water as soon as possible, either utilizing a ramp from the deck connecting to an opening on the side of the boat, or lowered with a sling or net, using a crane if available. The minimum size for the sling or net must be at least 25 feet in diameter.

    [FR Doc. 2016-09309 Filed 4-21-16; 8:45 am] BILLING CODE 3510-22-P
    81 78 Friday, April 22, 2016 Notices DEPARTMENT OF AGRICULTURE Forest Service Fishlake Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Fishlake Resource Advisory Committee (RAC) will meet in Richfield, Utah. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. RAC information can be found at the following Web site: http://cloudapps-usda-gov.force.com/FSSRS/RAC_Page?id=001t0000002JcvHAAS.

    DATES:

    The meeting will be held May 18, 2016 at 6 p.m. (MDT).

    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 Fishlake National Forest Supervisor's Office, 115 E 900 N, Richfield, Utah.

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

    FOR FURTHER INFORMATION CONTACT:

    John Zapell, RAC Coordinator by phone at (435) 896-1070 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, prioroitze and recommend projects for funding.

    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 May 6, 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 to make oral comments must be sent to John Zapell, Designated Federal Officer, 115 E. 900 N., Richfield, Utah 84701; or by email to [email protected], or via facsimile to 435-896-9347.

    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: April 15, 2016. Mel Bolling, Forest Supervisor.
    [FR Doc. 2016-09353 Filed 4-21-16; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Fishlake Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Fishlake Resource Advisory Committee (RAC) will meet in Richfield, Utah. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. RAC information can be found at the following Web site: http://cloudapps-usda-gov.force.com/FSSRS/RAC_Page?id=001t0000002JcvHAAS.

    DATES:

    The meeting will be held May 11, 2016 at 6 p.m. (MDT).

    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 Fishlake National Forest Supervisor's Office, 115 E 900 N, Richfield, Utah.

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

    FOR FURTHER INFORMATION CONTACT:

    John Zapell, RAC Coordinator by phone at (435) 896-1070 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. Welcome new members;

    2. discuss reauthorization of the Act;

    3. review roles and responsibilties;

    4. review current members' status and the recruitment of new members;

    5. elect a chairperson; and

    6. schedule future meeting dates.

    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 May 2, 2016 to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time to make oral comments must be sent to John Zapell, Designated Federal Officer, 115 E. 900 N., Richfield, Utah 84701; or by email to [email protected], or via facsimile to 435-896-9347.

    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: April 15, 2016. Mel Bolling, Forest Supervisor.
    [FR Doc. 2016-09362 Filed 4-21-16; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Del Norte County Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Del Norte County Resource Advisory Committee (RAC) will meet in Crescent City, California. 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://www.fs.usda.gov/main/srnf/workingtogether/advisorycommittee.

    DATES:

    The meeting will be held May 17, 2016, at 6:00 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 Del Norte County Unified School District, Boardroom, 301 West Washington Boulevard, Crescent City, California.

    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 Six Rivers National Forest (NF) Office. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Lynn Wright, RAC Coordinator, by phone at 707-441-3562 or via email at [email protected].

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

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to:

    1. Provide updates regarding the status of Secure Rural Schools Program and Title II funding; and

    2. Review and recommend potential projects eligible for funding.

    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 May 12, 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 to make oral comments must be sent to Lynn Wright, RAC Coordinator, Six Rivers NF Office, 1330 Bayshore Way, Eureka, California 95501; by email to [email protected], or via facsimile to 707-445-8677.

    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: April 14, 2016. Merv George Jr., Forest Supervisor.
    [FR Doc. 2016-09363 Filed 4-21-16; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-489-819] Steel Concrete Reinforcing Bar From the Republic of Turkey: Notice of Partial Rescission of Countervailing Duty Administrative Review, 2014 AGENCY:

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

    DATES:

    Effective Date: April 22, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Kristen Johnson or Samuel Brummitt, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4793 or (202) 482-7851, respectively.

    SUPPLEMENTARY INFORMATION: Background

    On November 3, 2015, the Department of Commerce (the Department) published a notice of opportunity to request an administrative review of the countervailing duty (CVD) order on steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey) for the period September 15, 2014, through December 31, 2014.1 On November 30, 2015, the Department received a letter from the Rebar Trade Action Coalition (RTAC, or Petitioner) 2 requesting a review of 18 exporters and/or producers of subject merchandise.3 On January 7, 2016, the Department published a notice of initiation of administrative review for this CVD order.4

    1See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 80 FR 67706 (November 3, 2015).

    2 Members of RTAC are Nucor Corporation, Gerdau Ameristeel US Inc., Commercial Metals Company, and Byer Steel Corporation.

    3See Letter from Petitioner regarding “Steel Concrete Reinforcing Bar from Turkey: Request for Administrative Review” (November 30, 2015), and Letter from Petitioner regarding “Steel Concrete Reinforcing Bar from Turkey: Clarification of Request for Administrative Review” (December 21, 2015). Additionally, on November 30, 2015, Colakoglu Metalurji A.S. (Colakoglu) and Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas) each filed a request for an administrative review with the Department. See Letter from Colakoglu regarding “Steel Concrete Reinforcing Bar from the Republic of Turkey: Colakoglu's Request for CVD Administrative Review” (November 30, 2015), and Letter from Icdas regarding “Steel Concrete Reinforcing Bar from the Republic of Turkey: Icdas' Request for CVD Administrative Review” (November 30, 2015). Petitioner requested a review of Icdas. Colakoglu was not included in Petitioner's review request. These public documents and all other public documents and public versions of business proprietary documents for this administrative review are on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).

    4See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 736 (January 7, 2016) (Initiation Notice).

    Between January 13, 2016, and February 8, 2016, the following companies notified the Department that they had no exports, sales, shipments, or entries of subject merchandise to the United States during the period of review (POR): Ege Celik Endustrisi Sanayi ve Ticaret A.S. (Ege Celik), Ekinciler Demir ve Celik Sanayi A.S. (Ekinciler Demir), Mettech Metalurji Madencilik Muhendislik Uretim Danismanlik ve Ticaret Limited Sirketi (Mettech), Asil Celik Sanayi ve Ticaret A.S. (Asil Celik),5 Duferco Celik Ticaret Limited (Duferco Celik), and DufEnergy Trading SA (formerly known as Duferco Investment Services SA) (DufEnergy).6 For each company, we issued a “no shipments inquiry” message to U.S. Customs and Border Protection (CBP).7 We did not receive any response from CBP within the customary ten days regarding any suspended entries from these particular companies during the POR.

    5 Also known as Asil Celik Sanayi ve Ticaret A S and/or Asil Celik Sanayi ve Ticaret AS. See Initiation Notice, 81 FR at 740.

    6See Letter from Ege Celik regarding “Certain Steel Concrete Reinforcing Bar from the Republic of Turkey (C-489-819): CVD Administrative Review” (January 13, 2016); Letter from Ekinciler Demir regarding “Certain Steel Concrete Reinforcing Bar from the Republic of Turkey (C-489-819): CVD Administrative Review” (January 13, 2016; Letter from Mettech regarding “Federal Register/Vol. 81 No. 4/Thursday, January 7, 2016/Notices” (January 14, 2016); Letter from Asil Celik regarding “Certain Steel Concrete Reinforcing Bar from the Republic of Turkey (C-489-819): CVD Administrative Review” (January 18, 2016); Letter from Duferco Celik regarding “Steel Concrete Reinforcing Bar from the Republic of Turkey: No Shipments Letter” (February 5, 2016); and Letter from DufEnergy regarding “Steel Concrete Reinforcing Bar from the Republic of Turkey: No Shipments Letter” (February 8, 2016).

    7 CBP posted the messages on February 9, and February 11, 2016. See message numbers 6060301, 6040302, 6040303, 6040304, 6042303, and 6042304 available at http://addcvd.cbp.gov and also ACCESS.

    On April 6, 2016, Petitioner submitted a timely withdrawal of its request for review of Ege Celik, Ekinciler Demir, Mettech, Asil Celik, Duferco Celik, and DufEnergy.8

    8See Letter from Petitioner regarding “Steel Concrete Reinforcing Bar from the Republic of Turkey: Withdrawal of Requests for Administrative Review” (April 6, 2016).

    Partial Rescission of the 2014 Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation. The Department published the Initiation Notice for this administrative review on January 7, 2016. Petitioner timely withdrew its request for a review of Ege Celik, Ekinciler Demir, Mettech, Asil Celik, Duferco Celik, and DufEnergy within the 90-day period. No other party requested an administrative review of these particular companies. Therefore, in accordance with 19 CFR 351.213(d)(1), and consistent with our practice,9 we are rescinding this review of the CVD order on rebar from Turkey with respect to Ege Celik, Ekinciler Demir, Mettech, Asil Celik, Duferco Celik, and DufEnergy. The administrative review will continue with respect to all other firms for which a review was requested and initiated.

    9See, e.g., Certain Lined Paper Products from India: Notice of Partial Rescission of Countervailing Duty Administrative Review; 2014, 81 FR 7082 (February 10, 2016).

    Assessment

    The Department will instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties on all appropriate entries at a rate equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period September 15, 2014, through December 31, 2014, in accordance with 19 CFR 351.212(c)(1)(i).

    The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice.

    Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3), 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.

    This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: April 18, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2016-09416 Filed 4-21-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-900] Diamond Sawblades and Parts Thereof From the People's Republic of China: Rescission of Antidumping Duty Administrative Review in Part; 2014-2015 AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) is rescinding its administrative review in part on diamond sawblades and parts thereof (diamond sawblades) from the People's Republic of China (the PRC) for the period of review (POR) November 1, 2014, through October 31, 2015.

    DATES:

    Effective Date: April 22, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Yang Jin Chun, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5760.

    SUPPLEMENTARY INFORMATION: Background

    On November 3, 2015, we published a notice of opportunity to request an administrative review of the antidumping duty order on diamond sawblades from the PRC for the POR November 1, 2014, through October 31, 2015.1 On January 7, 2016, in response to timely requests from the petitioner 2 and Husqvarna (Hebei) Co., Ltd. (Husqvarna) and in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the antidumping duty order on diamond sawblades from the PRC with respect to 36 companies, including Husqvarna.3 On April 12, 2016, the petitioner and Husqvarna withdrew their requests for an administrative review for Husqvarna.4

    1See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 80 FR 67706 (November 3, 2015).

    2 The petitioner in this review is Diamond Sawblades Manufacturers' Coalition.

    3See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 736 (January 7, 2016).

    4See the letters of withdrawals of requests for review from the petitioner and Husqvarna dated April 12, 2016.

    On January 27, 2016, the Department exercised its discretion to toll its administrative deadlines due to the closure of the Federal Government.5 Thus, the deadline for withdrawing a request for an administrative review was extended by four business days to April 12, 2016.6 Therefore, the withdrawals of the review requests filed on April 12, 2016, with respect to Husqvarna in this administrative review were timely.

    5See Memorandum to the Record from Ron Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, regarding “Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm `Jonas'” dated January 27, 2016.

    6See the memorandum to the File entitled “Diamond Sawblades and Parts Thereof from the People's Republic of China: Telephone Conversation Concerning Deadline for Withdrawing Review Request” dated April 1, 2016.

    Rescission of Administrative Review in Part

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, “in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review.” Because the petitioner and Husqvarna withdrew their review requests in a timely manner, and because no other party requested a review of Husqvarna, we are rescinding the administrative review in part with respect to Husqvarna.

    Assessment

    The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For Husqvarna, for which the review is rescinded, antidumping duties shall be assessed at the rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP within 15 days after publication of this notice.

    Notifications to Importers

    This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement may result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

    Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable violation.

    This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4).

    Dated: April 18, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2016-09417 Filed 4-21-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE080 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research AGENCY:

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

    ACTION:

    Notice; receipt of application for Letters of Authorization; request for comments and information.

    SUMMARY:

    NMFS' Office of Protected Resources has received a request from the NMFS Southeast Fisheries Science Center (SEFSC) for authorization to take small numbers of marine mammals incidental to conducting fisheries research, over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the SEFSC's request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the SEFSC's application and request.

    DATES:

    Comments and information must be received no later than May 23, 2016.

    ADDRESSES:

    Comments on the applications should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 East-West Highway, Silver Spring, MD 20910 and electronic comments should be sent to [email protected]

    Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments received electronically, including all attachments, must not exceed a 25-megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted to the Internet at www.nmfs.noaa.gov/pr/permits/incidental/research.htm without change. All personal identifying information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information.

    FOR FURTHER INFORMATION CONTACT:

    Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401.

    SUPPLEMENTARY INFORMATION: Availability

    An electronic copy of the SEFSC's application may be obtained by visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. The SEFSC is concurrently releasing a draft Environmental Assessment, prepared pursuant to requirements of the National Environmental Policy Act, for the conduct of their fisheries research. A copy of the draft EA, which would also support our proposed rulemaking under the MMPA, is available at the same Web site.

    Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs the Secretary of Commerce (Secretary) 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) if certain findings are made and regulations are issued.

    Incidental taking shall be allowed if NMFS finds that the taking will have a negligible impact on the species or stock(s) affected and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses, and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking 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.” 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].”

    Summary of Request

    On April 6, 2016, NMFS received an adequate and complete application from the SEFSC requesting authorization for take of marine mammals incidental to fisheries research conducted by the SEFSC. The requested regulations would be valid for five years from the date of issuance. The SEFSC plans to conduct fisheries research surveys in multiple geographic regions within the Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea. It is possible that marine mammals may interact with fishing gear (e.g., trawls nets, longlines) used in SEFSC's fisheries research projects, resulting in injury, serious injury, or mortality. In addition, the SEFSC operates active acoustic devices that have the potential to disturb marine mammals. Because the specified activities have the potential to take marine mammals present within these action areas, the SEFSC requests authorization to take multiple species of marine mammal that may occur in these areas.

    Specified Activities

    The Federal Government has a responsibility to conserve and protect living marine resources in U.S. federal waters and has also entered into a number of international agreements and treaties related to the management of living marine resources in international waters outside the United States. NOAA has the primary responsibility for managing marine fin and shellfish species and their habitats, with that responsibility delegated within NOAA to NMFS.

    In order to direct and coordinate the collection of scientific information needed to make informed management decisions, Congress created six Regional Fisheries Science Centers, each a distinct organizational entity and the scientific focal point within NMFS for region-based federal fisheries-related research. This research is aimed at monitoring fish stock recruitment, abundance, survival and biological rates, geographic distribution of species and stocks, ecosystem process changes, and marine ecological research. The SEFSC is the research arm of NMFS in the southeast U.S., including the Caribbean.

    Research is aimed at monitoring fish stock recruitment, survival and biological rates, abundance and geographic distribution of species and stocks, and providing other scientific information needed to improve our understanding of complex marine ecological processes. The SEFSC proposes to administer and conduct these survey programs over the five-year period.

    Information Solicited

    Interested persons may submit information, suggestions, and comments concerning the SEFSC's request (see ADDRESSES). NMFS will consider all information, suggestions, and comments related to the request during the development of proposed regulations governing the incidental taking of marine mammals by the SEFSC, if appropriate.

    Dated: April 19, 2016. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2016-09352 Filed 4-21-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Fisheries of the South Atlantic; South Atlantic Fishery Management Council and Mid-Atlantic Fishery Management Council; Public Meeting; Correction AGENCY:

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

    ACTION:

    Notice of correction of a public meeting notice.

    SUMMARY:

    The South Atlantic Fishery Management Council, in conjunction with the Mid-Atlantic Fishery Management Council, will hold a Question and Answer (Q&A) public meeting to address cobia management issues in Kill Devil Hills, NC.

    DATES:

    The Cobia Q&A public meeting will be held beginning at 6 p.m. on May 9, 2016.

    ADDRESSES:

    Meeting address: The meeting will be held at the Hilton Garden Inn Outer Banks/Kitty Hawk, 5353 N. Virginia Dare Trail, Kitty Hawk, NC 27949; phone: (252) 261-1290; fax: (252) 255-0153. The meeting will be broadcast via webinar as it occurs. Registration is required and information will be posted on the South Atlantic Council's Web site at www.safmc.net as it becomes available.

    Council addresses: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405; Mid-Atlantic Fishery Management Council, 800 North State Street, Suite 201, Dover, DE 19901.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    The original notice published in the Federal Register on April 15, 2016 (81 FR 22214). In the SUPPLEMENTARY INFORMATION, it stated that the 2015 recreational catch was 1,540,775 pounds, 123% over the recreational Annual Catch Limit (ACL) of 690,000 pounds. It should read the 2015 recreational catch was 1,540,775 pounds, 123% over the recreational Annual Catch Limit (ACL) of 630,000 pounds. All other previously published information remains the same.

    Dated: April 19, 2016. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-09426 Filed 4-21-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

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

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Economic Survey of Gulf of Mexico (GOM) Captains and Crew Associated With the GOM Grouper-Tilefish Individual Fishing Quota Program.

    OMB Control Number: 0648-xxxx.

    Form Number(s): None.

    Type of Request: Regular (request for a new information collection).

    Number of Respondents: 210.

    Average Hours per Response: 30 minutes.

    Burden Hours: 105.

    Needs and Uses: This request is for a new information collection.

    The National Marine Fisheries Service (NMFS) proposes to collect economic and attitudinal data from hired captains and crew regarding the performance of the GOM Grouper-Tilefish IFQ Program five years after its implementation. These data will be used to estimate the effects of the GT-IFQ Program on these stakeholders for the five-year program review mandated by the Magnuson-Stevens Fishery Conservation and Management Act (U.S.C. 1801 et seq). The population targeted by the economic survey is hired captains and crew that participate in the GOM Grouper-Tilefish fishery. In addition, the information will be used to strengthen and improve fishery management decision-making, and satisfy legal mandates under Executive Order 12866, the Regulatory Flexibility Act, the Endangered Species Act, the National Environmental Policy Act and other pertinent statues.

    Affected Public: Business or other for-profit organizations; individuals or households.

    Frequency: One time.

    Respondent's Obligation: Voluntary.

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

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

    Dated: April 18, 2016. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2016-09344 Filed 4-21-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

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

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Permit and Reporting Requirements for Non-Commercial Fishing in the Rose Atoll, Marianas Trench and Pacific Remote Islands Marine National Monuments.

    OMB Control Number: 0648-0664.

    Form Number(s): None.

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

    Number of Respondents: 35.

    Average Hours per Response: Permit applications, 15 minutes each; logsheets, 20 minutes each.

    Burden Hours: 44.

    Needs and Uses: This request is for extension of a current information collection.

    The National Marine Fisheries Service (NMFS) manages fishing activities in the Rose Atoll Marine, Marianas Trench, and Pacific Remote Islands Marine National Monuments. Regulations at 50 CFR part 665 require the owner and operator of a vessel used to non-commercially fish for, take, retain, or possess any management unit species in these monuments to hold a valid permit.

    Regulations also require the owner and operator of a vessel that is chartered to fish recreationally for, take, retain, or possess, any management unit species in these monuments to hold a valid permit. The fishing vessel must be registered to the permit. The charter business must be established legally in the permit area where it will operate. Charter vessel clients are not required to have a permit.

    The permit application collects basic information about the permit applicant, type of operation, vessel, and permit area. NMFS uses this information to determine permit eligibility. The information is important for understanding the nature of the fishery and provides a link to participants. It also aids in the enforcement of Fishery Ecosystem Plan measures.

    Regulations also require the vessel operator to report a complete record of catch, effort, and other data on a NMFS logsheet. The vessel operator must record all requested information on the logsheet within 24 hours of the completion of each fishing day. The vessel operator also must sign, date, and submit the form to NMFS within 30 days of the end of each fishing trip.

    Affected Public: Business or other for-profit organizations.

    Frequency: Annually and on occasion.

    Respondent's Obligation: Required to obtain or retain benefits.

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

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

    Dated: April 18, 2016. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2016-09343 Filed 4-21-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE576 North Pacific Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The North Pacific Fishery Management Council (Council) Crab Plan Team (CPT) will meet May 9, 2016 through May 12, 2016.

    DATES:

    The meeting will be held on Monday May 9, 2016, through Thursday May 12, 2016, from 9 a.m. to 4:30 p.m.

    ADDRESSES:

    The meeting will be held in the Birch/Willow room at the Hilton Hotel, 500 W. 3rd Ave., Anchorage, Alaska 99501.

    Council address: North Pacific Fishery Management Council, 605 W. 4th Ave., Suite 306, Anchorage, AK 99501-2252; telephone (907) 271-2809.

    FOR FURTHER INFORMATION CONTACT:

    Diana Stram, Council staff; telephone: (907) 271-2809.

    SUPPLEMENTARY INFORMATION: Agenda Monday, May 9, 2016 Through Thursday, May 12, 2016

    The agenda includes final assessment on OFL (over fishing limit) and ABC (acceptable biological catch) catch for PIGKC (Pribilof Islands Golden King Crab) and WAIRKC (Western Aleutian Red King Crab), final Tier 5 Assessment and research foundation update for AIGKC (Aleutian Island Golden King Crab), model development and application to SMBKC (St. Matthew Blue King Crab) and BBRKC (Bristol Bay Red King Crab), model discussions and scenarios for September assessment for Tanner Crab, PIRKC (Pribilof Island Red King Crab) and Snow Crab and Essential Fish Habitat review and update, research priorities, and finalize Stock Assessment and Fishery Evaluation.

    The Agenda is subject to change, and the latest version will be posted at http://www.npfmc.org/.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Shannon Gleason at (907) 271-2809 at least 7 working days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 19, 2016. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-09364 Filed 4-21-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Pacific Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The Pacific Fishery Management Council's (Pacific Council) Highly Migratory Species Advisory Subpanel (HMSAS) and Highly Migratory Species Management Team (HMSMT) will hold a joint meeting by webinar, which is open to the public.

    DATES:

    The HMSAS and HMSMT will meet by webinar on Thursday, May 12, 2016, from 1:30 to 3:30 p.m. Pacific Time, or when business for the day is complete.

    ADDRESSES:

    To attend the HMSMT/HMSAS webinar visit this link: http://www.gotomeeting.com/online/webinar/join-webinar. Enter the Webinar ID: 109-140-403. Please enter your name and email address (required). After logging into the webinar, dial this TOLL number +1 (213) 929-4212 (not a toll-free number), enter the attendee phone audio access code 300-135-098, then enter your audio phone PIN (shown after joining the webinar). Participants are encouraged to use their telephone, as this is the best practice to avoid technical issues and excessive feedback. If you do not select “Use Telephone” after joining the webinar you will be connected to audio using your computer's microphone and speakers (VolP). You may send an email to Mr. Kris Kleinschmidt ([email protected]) or contact him at (503) 820-2280, extension 425 for technical assistance. A listening station will also be provided at the Pacific Council office.

    Council address: Pacific Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384.

    FOR FURTHER INFORMATION CONTACT:

    Kit Dahl, Pacific Council, 503-820-2422.

    SUPPLEMENTARY INFORMATION:

    The HMSMT and HMSAS will provide advice to Pacific Council-sponsored attendees to the Second North Pacific Albacore Management Strategy Evaluation Workshop sponsored by the International Scientific Committee for Tuna and Tuna-Like Species in the North Pacific Ocean (ISC). The workshop will be held May 24-25, 2016, in Yokohama, Japan. In January 2016, the Secretariat of the Western and Central Pacific Fisheries Commission (WCPFC) circulated a list of management objectives and related questions compiled by Dr. John Holmes, Chair of the ISC's Albacore Working Group based on input from members of the WCPFC's Northern Committee. (This document may be accessed at http://www.pcouncil.org/wp-content/uploads/2016/02/F4_Att2_NorthernCommMgmtObjectives_MAR2016BB.pdf.) The HMSAS and HMSMT will use this document as a reference for providing advice to the workshop attendees.

    Although nonemergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

    Technical Information and System Requirements

    PC-based attendees: Windows® 7, Vista, or XP operating system required. Mac®-based attendees: Mac OS® X 10.5 or newer required. Mobile attendees: iPhone®, iPad®, AndroidTM phone or Android tablet required (use GoToMeeting Webinar Apps).

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt at (503) 820-2280 at least 5 days prior to the meeting date.

    Dated: April 19, 2016. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-09427 Filed 4-21-16; 8:45 am] BILLING CODE 3510-22-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Additions and Deletions AGENCY:

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

    ACTION:

    Additions to and deletions from the Procurement List.

    SUMMARY:

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

    DATES:

    Effective Date: 5/22/2016.

    ADDRESSES:

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION: Additions

    On 2/19/2016 (81 FR 8486) and 3/4/2016 (81 FR 11520), the Committee for Purchase From People Who Are Blind or Severely Disabled published notices of proposed additions to the Procurement List.

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

    Regulatory Flexibility Act Certification

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

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

    2. The action will result in authorizing small entities to furnish the products and service to the Government.

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

    End of Certification

    Accordingly, the following products and service are added to the Procurement List:

    Products NSN(s)—Product Name(s): 8340-00-NIB-0019—Tarp, Standard, Polyethylene, 20′ x 25′, Grommets 8340-00-NIB-0020—Tarp, Heavy Duty, Polyethylene, 20′ x 25′, Grommets Mandatory Source(s) of Supply: Association for Vision Rehabilitation and Employment, Inc., Binghamton, NY Mandatory for: Total Government Requirement Contracting Activity: Defense Logistics Agency Troop Support Distribution: B-List Service Service Type: Custodial Service Service Mandatory for: US Air Force, Air Force Institute of Technology/Air Force Research Laboratories, Wright-Patterson Air Force Base, OH Mandatory Source(s) of Supply: CW Resources, Inc., New Britain, CT Contracting Activity: Dept of the Air Force, FA8601 AFLCMC PZIO, Wright-Patterson Air Force Base, OH Deletions

    On 3/18/2016 (81 FR 14837-14838), the Committee for Purchase From People Who Are Blind or Severely Disabled published notice of proposed deletions from the Procurement List.

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

    Regulatory Flexibility Act Certification

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

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

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

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

    End of Certification

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

    Products NSN(s)—Product Name(s): 8940-00-131-8761—Dessert Powder, Pudding, Instant,Vanilla Mandatory Source(s) of Supply: UNKNOWN Contracting Activity: Defense Logistics Agency Troop Support NSN(s)—Product Name(s): 7510-00-NIB-0573—Custom Planners & Accessory Kit 7520-01-496-5478—Custom Planners & Accessory Kit Mandatory Source(s) of Supply: The Chicago Lighthouse for People Who Are Blind or Visually Impaired, Chicago, IL Contracting Activity: General Services Administration, FSS Household and Industrial Furniture, Arlington, VA NSN(s)—Product Name(s): 6645-01-516-9630—Slimline Wall Clock—12” Federal Logo—Putty Case Mandatory Source(s) of Supply: The Chicago Lighthouse for People Who Are Blind or Visually Impaired, Chicago, IL Contracting Activity: General Services Administration, New York, NY NSN(s)—Product Name(s): 6645-04-000-3339—Clock, Wall (Postal Service Logo); 6645-04-000-3340; 6645-04-000-3341; 6645-04-000-3342; 6645-04-000-3344; 6645-4-000-4260; 6645-04-000-4261; 6645-04-000-4262; 6645-04-000-4263; 6645-04-000-4264; 6645-04-000-4265; 6645-04-000-4267; 6645-04-000 -4268 Mandatory Source(s) of Supply: The Chicago Lighthouse for People Who Are Blind or Visually Impaired, Chicago, IL Contracting Activity: U.S. Postal Service NSN(s)—Product Name(s): 7920-01-482-6034—Cloth, Cleaning, High Performance, Microfiber, Industrial Weight, Blue; 7920-01-482-6040—Cloth, Cleaning, High Performance, Microfiber, Blue; 7920-01-482-6042—Cloth, Cleaning, High Performance, Microfiber, Electronics, Platinum; 7920-01-482-6045—Cloth, Cleaning, Microfiber, Lens, Blue, 24/BX Mandatory Source(s) of Supply: LC Industries, Inc., Durham, NC Contracting Activity: General Services Administration, Fort Worth, TX NSN(s)—Product Name(s): MR 350—Containers, Storage, 12PG; MR 362—Set, Salad Bowl, Event Serverware; MR 363—Set, Pitcher and Tumbler, Event Serverware; MR 364—Set, Ice Bucket and Goblet, Event Serverware; MR 850—Spinner, Salad; MR 1194—Bottle, Water, Reusable, 26oz Mandatory Source(s) of Supply: Industries for the Blind, Inc., West Allis, WI Contracting Activity: Defense Commissary Agency Services Service Type: Janitorial/Custodial Service Service is Mandatory for: U.S. Border Patrol, Lynden Station Lynden, WA Mandatory Source(s) of Supply: Lake Whatcom Residential and Treatment Center, Bellingham, WA Contracting Activity: U.S. Customs and Border Protection, Border Enforcement Contracting Division, Washington, DC Service Type: Mailroom Operation Service Service is Mandatory for: U.S. Customs House: 220 NE. 8th Avenue, Portland, OR Mandatory Source(s) of Supply: Portland Habilitation Center, Inc., Portland, OR Contracting Activity: Dept of the Army, W071 ENDIST PORTLAND, Portland, OR Service Type: Janitorial Service Service is Mandatory for: Bldgs 736, 658 & 12737; Corner of Quartermaster & D Streets (#); 5th St, Fort Richardson, AK Mandatory Source(s) of Supply: MQC Enterprises, Inc., Anchorage, AK Contracting Activity: Dept of the Army, W2SN ENDIST ALASKA, Anchorage, AK Service Type: Packaging Service Service is Mandatory for: Hurlburt Field AFB, FL Mandatory Source(s) of Supply: Lakeview Center, Inc., Pensacola, FL Contracting Activity: Dept of the Air Force, FA4417 1 SOCONS LGC, Hurlburt Field AFB, FL Service Type: Preparation of Oil Sample Kits Service is Mandatory for: Pensacola Naval Air Station, Pensacola, FL Mandatory Source(s) of Supply: Lakeview Center, Inc., Pensacola, FL Contracting Activity: Dept of the Navy, Naval Air Warfare Center Air Div, Patuxent River, MD Service Type: Janitorial/Custodial Service Service is Mandatory for: Willow Grove Air Reserve Station Center, Bldg. 167 Willow Grove, PA Mandatory Source(s) of Supply: The Chimes, Inc., Baltimore, MD Contracting Activity: Dept of the Air Force, FA7014 AFDW PK, Andrews AFB, MD Service Type: Furnishings Management Service Service is Mandatory for: Dover Air Force Base: Dover Air Force Base, DE Mandatory Source(s) of Supply: The Chimes, Inc., Baltimore, MD Contracting Activity: Dept of the Air Force, FA4497 436 CONS LGC, Dover AFB, DE Service Type: Food Service Attendant Service Service is Mandatory for: Hanscom Air Force Base, Hanscom AFB, MA Mandatory Source(s) of Supply: Work, Incorporated, Dorchester, MA Contracting Activity: Dept of the Air Force, FA2835 AFLCMC HANSCOM PZI, Hanscom AFB, MA Barry S. Lineback, Director, Business Operations.
    [FR Doc. 2016-09386 Filed 4-21-16; 8:45 am] BILLING CODE 6353-01-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Deletions AGENCY:

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

    ACTION:

    Proposed deletions from the Procurement List.

    SUMMARY:

    The Committee is proposing to delete products and a service from the Procurement List that was previously furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.

    DATES:

    Comments Must Be Received on or Before: 5/22/2016.

    ADDRESSES:

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

    For Further Information Or To Submit Comments Contact:

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

    SUPPLEMENTARY INFORMATION:

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

    Deletions

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

    Products NSN(s)—Product Name(s): MR 3206—Goody Hair Care Products—Stay Put Headbands sports 4ct MR 3210—Goody Hair Care Products—Ouchless Elastic Long Thin MR 3237—Goody Hair Care Products—Bobby Pin Box w/magnetic Top black MR 3238—Goody Hair Care Products—Bobby Pin Box w/magnetic Top brown MR 3244—Goody Hair Care Products—Comb, 7in Utility Mandatory Source(s) of Supply: Association for Vision Rehabilitation and Employment, Inc., Binghamton, NY Contracting Activity: Defense Commissary Agency NSN(s)—Product Name(s): 7195-01-567-9518—Bulletin Board, Fabric, 48″ x 36″, Plastic Frame 7195-01-484-0015—Bulletin Board, Granite Finish, 48″ x 36″, Aluminum Frame Mandatory Source(s) of Supply: The Lighthouse for the Blind, Inc. (Seattle Lighthouse), Seattle, WA Contracting Activities: Department of Veterans Affairs, NAC, General Services Administration, FSS Household and Industrial Furniture, Arlington, VA NSN(s)—Product Name(s): 8455-01-591-5248—Lapel Pin, Navy Retired, Dual Flag Mandatory Source(s) of Supply: Industries for the Blind, Inc., West Allis, WI Contracting Activity: Defense Logistics Agency Troop Support NSN(s)—Product Name(s): 7105-00-935-1845—Cover, Folding Cot Mandatory Source(s) of Supply: Cambria County Association for the Blind and Handicapped, Johnstown, PA Contracting Activity: Defense Logistics Agency Troop Support NSN(s)—Product Name(s): 1055-01-141-5205—Webbing Mandatory Source(s) of Supply: Huntsville Rehabilitation Foundation, Huntsville, AL Contracting Activity: Defense Logistics Agency Land and Maritime Service Service Type: Document Destruction Mandatory for: Internal Revenue Service: St. Paul Headquarters, Minneapolis, MN Mandatory Source(s) of Supply: AccessAbility, Inc., Minneapolis, MN Contracting Activity: Dept. of the Treasury, Washington, DC Barry S. Lineback, Director, Business Operations.
    [FR Doc. 2016-09385 Filed 4-21-16; 8:45 am] BILLING CODE 6353-01-P
    DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2016-HQ-0015] Privacy Act of 1974; System of Records AGENCY:

    Department of the Army, DoD.

    ACTION:

    Notice to delete a system of records.

    SUMMARY:

    The Department of the Army is deleting a system of records notice from its existing inventory of record systems subject to the Privacy Act of 1974, as amended. The system of records notice is AAFES 0604.02, entitled “Unfair Labor Practice Claim/Charges Files.”

    DATES:

    Comments will be accepted on or before May 23, 2016. This proposed action will be effective on the day following the end of the comment period unless comments are received which result in a contrary determination.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

    * Federal Rulemaking Portal: http://www.regulations.gov.

    Follow the instructions for submitting comments.

    * Mail: ODCMO, Directorate for Oversight and Compliance, 4800 Mark Center Drive, Attn: Mailbox 24, Alexandria, VA 22350-1700.

    Instructions: All submissions received must include the agency name and docket number for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Tracy Rogers, Department of the Army, Privacy Office, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905 or by calling (703) 428-7499.

    SUPPLEMENTARY INFORMATION:

    The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the Federal Register and are available from the address in FOR FURTHER INFORMATION CONTACT or at the Defense Privacy and Civil Liberties Division Web site at http://dpcld.defense.gov/.

    The proposed changes to the record system being amended are set forth in this notice. The proposed amendment is not within the purview of subsection (r) of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report.

    Dated: April 19, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. Deletion: AAFES 0604.02

    Unfair Labor Practice Claim/Charges Files (August 9, 1996, 61 FR 41572).

    Reason: Based on a recent review of AAFES 0604.02 Unfair Labor Practice Claim/Charges Files it has been determined that records in this system will now be covered by AAFES 0602.04 Legal Office Management System; therefore, the system of records notice can be deleted.

    [FR Doc. 2016-09414 Filed 4-21-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary Strategic Environmental Research and Development Program, Scientific Advisory Board; Notice of Federal Advisory Committee Meeting AGENCY:

    Department of Defense.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Defense is publishing this notice to announce an open meeting of the Strategic Environmental Research and Development Program, Scientific Advisory Board (SAB). This meeting will be open to the public.

    DATES:

    Wednesday, June 8, 2016, from 8:30 a.m. to 5:00 p.m.

    ADDRESSES:

    801 North Glebe Road, Arlington, VA 22203.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Herb Nelson, SERDP Office, 4800 Mark Center Drive, Suite 17D08, Alexandria, VA 22350-3605; or by telephone at (571) 372-6565.

    SUPPLEMENTARY INFORMATION:

    This meeting is being held under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150. This notice is published in accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463).

    Pursuant to 5 U.S.C. 552b and 41 CFR 102-3.140 through 102-3.165, and the availability of space, this meeting is open to the public. Seating is on a first-come basis.

    The purpose of the June 8, 2016 meeting is to review continuing and new start research and development projects requesting Strategic Environmental Research and Development Program funds as required by the SERDP Statute, U.S. Code—Title 10, Subtitle A, Part IV, Chapter 172, § 2904. The full agenda follows:

    Agenda for June 8, 2016 8:30 a.m. Convene/Opening Remarks, Approval of October 2015 Minutes—Dr. Joseph Hughes, Chair 8:35 a.m. Program Update—Dr. Herb Nelson, Acting Executive Director 8:50 a.m. Resource Conservation and Climate Change Overview—Dr. Herb Nelson, Acting Executive Director 9:00 a.m. RC:2245: Defense Coastal/Estuarine Research Program (DCERP)—Dr. Patricia Cunningham, RTI International, Research Triangle Park, NC 9:45 a.m. Break 10:00 a.m. RC:2245: Defense Coastal/Estuarine Research Program (DCERP)—Dr. Patricia Cunningham, RTI International, Research Triangle Park, NC 12:00 p.m. Lunch 1:00 p.m. Munitions Response Overview—Dr. Herb Nelson, Munitions Response, Program Manager 1:10 p.m. 16 MR04-001 (MR-2653): Multichannel Detection and Acoustic Color-Based Classification of Underwater UXO in Sonar (FY16 New Start)—Dr. Mahmood, Azimi-Sadjadi, Colorado State University, Fort Collins, CO 1:55 p.m. Break 2:05 p.m. Environmental Restoration Overview—Dr. Andrea Leeson, Environmental Restoration, Program Manager 2:10 p.m. 16 ER02-006 (ER-2625): Development of Toxicity Data to Support Toxicity Reference Values for Perfluorinated Compounds (FY16 New Start)—Dr. Michael Quinn, U.S. Army Public Health Command, Aberdeen Proving Ground, MD 2:55 p.m. Break 3:05 p.m. Strategy Session—Dr. Herb Nelson, Acting Executive Director 5:00 p.m. Public Discussion/Adjourn

    Pursuant to 41 CFR 102-3.140, and section 10(a)(3) of the Federal Advisory Committee Act of 1972, the public or interested organizations may submit written statements to the Strategic Environmental Research and Development Program, Scientific Advisory Board. Written statements may be submitted to the committee at any time or in response to an approved meeting agenda.

    All written statements shall be submitted to the Designated Federal Officer (DFO) for the Strategic Environmental Research and Development Program, Scientific Advisory Board. The DFO will ensure that the written statements are provided to the membership for their consideration. Contact information for the DFO can be obtained from the GSA's FACA Database at http://www.facadatabase.gov/. Time is allotted at the close of the meeting day for the public to make comments. Oral comments are limited to 5 minutes per person.

    Dated: April 19, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2016-09408 Filed 4-21-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF EDUCATION Applications for New Awards; Magnet Schools Assistance Program AGENCY:

    Office of Innovation and Improvement, Department of Education.

    ACTION:

    Notice.

    Overview Information:

    Magnet Schools Assistance Program (MSAP)

    Notice inviting applications for new awards for fiscal year (FY) 2016.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.165A. DATES:

    Applications Available: April 22, 2016.

    Deadline for Notice of Intent to Apply: May 9, 2016.

    Deadline for Transmittal of Applications: June 1, 2016.

    Deadline for Intergovernmental Review: August 8, 2016.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The MSAP provides grants to eligible local educational agencies (LEAs) and consortia of LEAs to support magnet schools under an approved, required or voluntary, desegregation plan. By supporting the development and implementation of magnet schools that reduce, eliminate, or prevent minority group isolation, these program resources can be used in pursuit of the objectives of the Elementary and Secondary Education Act of 1965, as amended (ESEA), which supports State and local efforts to enable all elementary and secondary school students to achieve high standards. In particular, the MSAP provides an opportunity for eligible entities to provide students from varied backgrounds with the educational benefits of diversity and equitable access to a high-quality education that will enable all students to succeed academically.

    Background: This background section highlights some design changes in the FY 2016 MSAP competition. Despite the potential benefits associated with integration, institutional and contextual barriers often prevent LEAs from integrating their schools in meaningful and impactful ways. Past experience has shown that these barriers often negatively impact schools that receive MSAP funding, shrinking the impact of the implemented services. As such, we have revised the program's selection criteria to place an increased emphasis on desegregation-related activities (including a selection criterion specifically related to desegregation), and a renewed focus on academic rigor. The competition also includes a new focus on the use of evidence. These shifts bring MSAP into greater alignment with the Every Student Succeeds Act (ESSA), which was signed into law on December 10, 2015; beginning in FY 2017, the ESSA will serve as the statutory framework for future MSAP competitions.

    Research consistently demonstrates that concentrated poverty in schools negatively affects academic performance. Children who attend high-poverty schools have poorer academic outcomes than those who do not.1 Conversely, studies have shown that socioeconomic diversity in school contributes to improved academic and life outcomes for students, and that the socioeconomic make-up of a school is one of the strongest predictors of whether or not a student will succeed academically.2 Almost half of public elementary school students attend schools where most of the students are from lower income households, and Black and Latino students are disproportionately concentrated in these schools in almost every State.3 Strategies that promote socioeconomic integration could have a profound impact on reducing the number of high-poverty schools in many districts across the country, which could in turn greatly improve academic achievement and close achievement gaps.4

    1 James S. Coleman, Equality and Educational Opportunity (Washington, DC: U.S. Department of Health, Education, and Welfare, 1966); Christopher Jencks, “The Coleman Report and Conventional Wisdom,” in On Equality of Educational Opportunity: Non-Racial Approaches to Integration, eds. Frederick Mosteller and Daniel P. Moynihan (New York: Vintage Books, 1972), 69-115; Russell Rumberger and Gregory Palardy, “Does Segregation Still Matter? The Impact of Student Composition on Academic Achievement in High School,” Teacher College Record 107, no. 9 (2005): 1999-2045; Laura B. Perry and Andrew McConney, “Does the SES of the School Matter? An Examination of Socioeconomic Status and Student Achievement using PISA 2003,” Teachers College Record 112, no. 4 (2010).

    2 James S. Coleman, Equality and Educational Opportunity; Russell Rumberger and Gregory Palardy, “Does Segregation Still Matter?” 1999-2045.

    3 Susan Aud et al., The Condition of Education 2011 (Washington, DC: U.S. Government Printing Office, 2011), Table A-28-1.

    4 Ann Mantil, Anne G. Perkins, and Stephanie Aberger, “The Challenge of High-Poverty Schools: How Feasible Is Socioeconomic School Integration?” in The Future of School Integration: Socioeconomic Diversity as an Education Reform Strategy, ed. Richard D. Kahlenberg (New York: The Century Foundation, 2012), 155-222.

    In this competition, we are particularly interested in projects that seek to improve MSAP outcomes related to minority group isolation and academic achievement by implementing complementary strategies to increase the socioeconomic integration of schools in an effort to eliminate, reduce, or prevent minority group isolation. Therefore, we include an invitational priority for these types of projects. These proposals will help inform future MSAP competitions conducted under ESSA, which will include the statutory priority for projects proposing to increase racial integration by taking into account socioeconomic diversity in designing and implementing magnet school programs. We also encourage applicants to define socioeconomic status (such as family income, education level or other factors), and to describe how the applicant's approach to defining and using socioeconomic status connects to their efforts to eliminate, reduce, or prevent minority group isolation.

    When proposing projects that seek to eliminate, reduce, or prevent minority group isolation and, if applicable, increase the socioeconomic integration of schools, we encourage all applicants to consult the “Guidance on the Voluntary Use of Race to Achieve Diversity and Avoid Racial Isolation in Elementary and Secondary Schools,” released by the U.S. Department of Education's Office for Civil Rights (OCR) and the U.S. Department of Justice on December 2, 2011.5 This guidance provides some examples of approaches that may be considered, including school and program siting; grade realignment and feeder patterns; school zoning; open choice and enrollment; and inter- and intra-district transfers. We encourage applicants to consult legal counsel when considering which approaches might be best suited to a particular situation and in alignment with this program's objectives.

    5 Available at: www.ed.gov/ocr/letters/colleague-201111.pdf and www.ed.gov/ocr/docs/guidance-ese-201111.pdf. Additional guidance from 2013 and 2014 available at www.ed.gov/ocr/letters/colleague-201309.pdf and www.ed.gov/ocr/letters/colleague-201405-schuette-guidance.pdf.

    This competition is also designed to improve MSAP outcomes by supporting evidence-based strategies for eliminating, reducing, or preventing minority group isolation; increasing diversity; and improving academic achievement. For this reason, we include a selection factor that asks applicants to address the extent to which projects are grounded in a logic model (as defined in this notice) that connects the program's inputs to its intended outcomes.

    In addition, we include a competitive preference priority for applicants that can support their proposed projects with evidence of promise (as defined in this notice). Such evidence will enable us to better understand the empirical connection between school districts that have systematically moved toward integration in the past and student outcomes that are relevant to MSAP. We are particularly interested in evidence-based strategies that promote racial integration by taking into account socioeconomic diversity.

    Priorities: This competition includes five competitive preference priorities, one invitational priority within a competitive preference priority, and one stand alone invitational priority.

    In accordance with 34 CFR 75.105(b)(2)(ii), Competitive Preference Priorities 1, 2, and 3 are from the MSAP regulations (34 CFR 280.32). Competitive Preference Priority 4 is from the notice of final supplemental priorities and definitions for discretionary grant programs, published in the Federal Register on December 10, 2014 (79 FR 73425) (Supplemental Priorities). Competitive Preference Priority 5 is from 34 CFR 75.226.

    Competitive Preference Priorities: For FY 2016 these priorities are competitive preference priorities. Under 34 CFR 280.30(f) we will award up to 15 additional points to an application, depending on how well the applicant addresses Competitive Preference Priorities 1, 2, and 3. Under 34 CFR 75.105(c)(2)(i) we will award up to an additional five points to an application, depending on how well the application addresses Competitive Preference Priority 4, and we will award an additional five points to an application that meets Competitive Preference Priority 5. Together, depending on how well the application meets these priorities, an application may be awarded up to a total of 25 additional points. Applicants may apply under any or all of the competitive preference priorities. The maximum possible points for each competitive preference priority are indicated in parentheses following the name of the priority. These points are in addition to any points the application earns under the selection criteria in this notice.

    These priorities are:

    Competitive Preference Priority 1—Need for Assistance (0 to 5 additional points).

    The Secretary evaluates the applicant's need for assistance by considering—

    (a) The costs of fully implementing the magnet schools project as proposed;

    (b) The resources available to the applicant to carry out the project if funds under the program were not provided;

    (c) The extent to which the costs of the project exceed the applicant's resources; and

    (d) The difficulty of effectively carrying out the approved plan and the project for which assistance is sought, including consideration of how the design of the magnet schools project—e.g., the type of program proposed, the location of the magnet school within the LEA—impacts the applicant's ability to successfully carry out the approved plan.

    Competitive Preference Priority 2—New or Revised Magnet Schools Projects (0 to 5 additional points).

    The Secretary determines the extent to which the applicant proposes to carry out new magnet schools projects or significantly revise existing magnet schools projects.

    Competitive Preference Priority 3—Selection of Students (0 to 5 additional points).

    The Secretary determines the extent to which the applicant proposes to select students to attend magnet schools by methods such as lottery, rather than through academic examination.

    Competitive Preference Priority 4—Promoting Science, Technology, Engineering, and Mathematics (STEM) Education (0 to 5 additional points).

    Projects that are designed to improve student achievement (as defined in this notice) or other related outcomes by supporting local or regional partnerships to give students access to real-world STEM experiences and to give educators access to high-quality STEM-related professional learning.

    Competitive Preference Priority 5—Supporting Strategies for which there is Evidence of Promise (0 or 5 additional points).

    Projects that propose a process, product, strategy, or practice supported by evidence of promise.

    Within this competitive preference priority, we are particularly interested in applications that address the following invitational priority.

    Invitational Priority: Under 34 CFR 75.105(c)(1) we do not give an application that meets this invitational priority a competitive or absolute preference over other applications.

    This priority is:

    Racial and Socioeconomic Integration Evidence of Promise.

    We are especially interested in evidence of promise surrounding racial and socioeconomic integration.

    Note:

    An applicant addressing Competitive Preference Priority 5 should clearly identify up to two research study citation(s) to be reviewed for the purposes of meeting this priority. In addition, the applicant should specify the intervention(s) in the identified study or studies that it plans to implement and the findings within the citation(s) that the applicant is requesting be considered as evidence of promise. At a minimum, applicants should provide the referenced citation(s), and a discussion of the relevant intervention(s) and findings, in the application narrative. The Department will not consider a study citation that an applicant fails to clearly identify for review.

    An applicant must either ensure that all evidence is available to the Department from publicly available sources and provide links or other guidance indicating where it is available; or, in the application, include a copy of the full study in the Appendix. If the Department determines that an applicant provided insufficient information, the applicant will not have an opportunity to provide additional information at a later time.

    Under this competition we are particularly interested in applications that address the following invitational priority.

    Invitational Priority: For FY 2016 this priority is an invitational priority. Under 34 CFR 75.105(c)(1) we do not give an application that meets this invitational priority a competitive or absolute preference over other applications.

    This priority is:

    Socioeconomic Integration.

    The Secretary encourages projects that propose to increase racial integration by taking into account socioeconomic diversity in designing and implementing magnet school programs. Projects may implement inter-district or intra-district integration strategies such as neighborhood preferences or weighted lotteries.

    Definitions: All definitions are from 34 CFR 77.1(c) and the Supplemental Priorities.

    Evidence of promise means there is empirical evidence to support the theoretical linkage(s) between at least one critical component and at least one relevant outcome presented in the logic model for the proposed process, product, strategy, or practice. Specifically, evidence of promise means the conditions in paragraphs (i) and (ii) of this section are met:

    (i) There is at least one study that is a—

    (A) Correlational study with statistical controls for selection bias;

    (B) Quasi-experimental study that meets the What Works Clearinghouse Evidence Standards with reservations; or

    (C) Randomized controlled trial that meets the What Works Clearinghouse Evidence Standards with or without reservations.

    (ii) The study referenced in paragraph (i) found a statistically significant or substantively important (defined as a difference of 0.25 standard deviations or larger), favorable association between at least one critical component and one relevant outcome presented in the logic model for the proposed process, product, strategy, or practice.

    Logic model (also referred to as theory of action) means a well-specified conceptual framework that identifies key components of the proposed process, product, strategy, or practice (i.e., the active “ingredients” that are hypothesized to be critical to achieving the relevant outcomes) and describes the relationships among the key components and outcomes, theoretically and operationally.

    Quasi-experimental design study means a study using a design that attempts to approximate an experimental design by identifying a comparison group that is similar to the treatment group in important respects. These studies, depending on design and implementation, can meet What Works Clearinghouse Evidence Standards with reservations (but not What Works Clearinghouse Evidence Standards without reservations).

    Randomized controlled trial means a study that employs random assignment of, for example, students, teachers, classrooms, schools, or districts to receive the intervention being evaluated (the treatment group) or not to receive the intervention (the control group). The estimated effectiveness of the intervention is the difference between the average outcomes for the treatment group and for the control group. These studies, depending on design and implementation, can meet What Works Clearinghouse Evidence Standards without reservations.

    Relevant outcome means the student outcome(s) (or the ultimate outcome if not related to students) the proposed process, product, strategy, or practice is designed to improve; consistent with the specific goals of a program.

    Strong theory means a rationale for the proposed process, product, strategy, or practice that includes a logic model.

    Student achievement means—

    For grades and subjects in which assessments are required under section 1111(b)(3) of the Elementary and Secondary Act of 1965, as amended (ESEA): (1) A student's score on such assessments; and, as appropriate (2) other measures of student learning, such as those described in the subsequent paragraph, provided that they are rigorous and comparable across schools within a local educational agency (LEA).

    For grades and subjects in which assessments are not required under section 1111(b)(3) of the ESEA: (1) Alternative measures of student learning and performance, such as student results on pre-tests, end-of-course tests, and objective performance-based assessments; (2) student learning objectives; (3) student performance on English language proficiency assessments; and (4) other measures of student achievement that are rigorous and comparable across schools within an LEA.

    What Works Clearinghouse Evidence Standards means the standards set forth in the What Works Clearinghouse Procedures and Standards Handbook (Version 3.0, March 2014), which can be found at the following link: http://ies.ed.gov/ncee/wwc/DocumentSum.aspx?sid=19.

    Program Authority:

    20 U.S.C. 7231-7231j.

    Applicable Regulations: (a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 80, 81, 82, 84, 97, 98, and 99. (b) The OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended as regulations of the Department in 2 CFR part 3474. (d) The regulations for this program in 34 CFR part 280. (e) The Supplemental Priorities.

    II. Award Information

    Type of Award: Discretionary grants.

    Estimated Available Funds: $91,322,994.

    Estimated Range of Awards: $700,000-$4,000,000 per budget year.

    Estimated Average Size of Awards: $3,200,000 per budget year.

    Maximum Award: $12,000,000. We will not fund an annual budget period exceeding $4,000,000 per budget year or $12,000,000 total. We may choose not to further review an application that proposes a one year budget period that exceeds $4,000,000.

    Estimated Number of Awards: 8-10. We may make awards under this competition for the complete three-year (36-month) project period by front-loading all three budget periods using FY 2016 funds. Additional information regarding how we will fund this competition can be found on the MSAP Web site at http://innovation.ed.gov/what-we-do/parental-options/magnet-school-assistance-program-msap/applicant-info-and-eligibility/.

    Note:

    The Department is not bound by any estimates in this notice.

    Project Period: Up to 36 months.

    III. Eligibility Information

    1. Eligible Applicants: LEAs or consortia of LEAs implementing a desegregation plan as specified in section III. 3 of this notice.

    2. Cost Sharing or Matching: This program does not require cost sharing or matching.

    3. Other: Applicants must submit with their applications one of the following types of desegregation plans to establish eligibility to receive MSAP assistance: (a) A desegregation plan required by a court order; (b) a desegregation plan required by a State agency or an official of competent jurisdiction; (c) a desegregation plan required by the Office for Civil Rights (OCR), United States Department of Education (Department), under Title VI of the Civil Rights Act of 1964 (Title VI); or (d) a voluntary desegregation plan adopted by the applicant and submitted to the Department for approval as part of the application. Under the MSAP regulations, applicants are required to provide all of the information required in 34 CFR 280.20(a) through (g) in order to satisfy the civil rights eligibility requirements found in 34 CFR 280.2(a)(2) and (b).

    In addition to the particular data and other items for required and voluntary desegregation plans described in the application package, an application must include—

    • Projected enrollment by race and ethnicity for magnet and feeder schools;

    • Signed civil rights assurances (included in the application package); and

    • An assurance that the desegregation plan is being implemented or will be implemented if the application is funded.

    Required Desegregation Plans

    1. Desegregation plans required by a court order. An applicant that submits a desegregation plan required by a court order must submit complete and signed copies of all court documents demonstrating that the magnet schools are a part of the approved desegregation plan. Examples of the types of documents that would meet this requirement include a Federal or State court order that establishes specific magnet schools, amends a previous order or orders by establishing additional or different specific magnet schools, requires or approves the establishment of one or more unspecified magnet schools, or that authorizes the inclusion of magnet schools at the discretion of the applicant.

    2. Desegregation plans required by a State agency or official of competent jurisdiction. An applicant submitting a desegregation plan ordered by a State agency or official of competent jurisdiction must provide documentation that shows that the desegregation plan was ordered based upon a determination that State law was violated. In the absence of this documentation, the applicant should consider its desegregation plan to be a voluntary plan and submit the data and information necessary for voluntary plans.

    3. Desegregation plans required by Title VI. An applicant that submits a desegregation plan required by OCR under Title VI must submit a complete copy of the desegregation plan demonstrating that magnet schools are part of the approved plan or that the plan authorizes the inclusion of magnet schools at the discretion of the applicant.

    4. Modifications to required desegregation plans. A previously approved desegregation plan that does not include the magnet school or program for which the applicant is now seeking assistance must be modified to include the magnet school component. The modification to the desegregation plan must be approved by the court, agency, or official that originally approved the plan. An applicant that wishes to modify a previously approved OCR Title VI desegregation plan to include different or additional magnet schools must submit the proposed modification for review and approval to the OCR regional office that approved its original plan.

    An applicant should indicate in its application if it is seeking to modify its previously approved desegregation plan. However, all applicants must submit proof of approval of all modifications to their plans to the Department by June 30, 2016. Proof of plan modifications should be mailed to the person and address identified under FOR FURTHER INFORMATION CONTACT in section VII of this notice.

    Voluntary Desegregation Plans

    A voluntary desegregation plan must be approved by the Department each time an application is submitted for funding. Even if the Department has approved a voluntary desegregation plan in an LEA in the past, the desegregation plan must be resubmitted for approval as part of the application.

    An applicant's voluntary desegregation plan must describe how the LEA defines or identifies minority group isolation, demonstrate how the LEA will reduce, eliminate, or prevent minority group isolation for each magnet school in the proposed magnet school application, and, if relevant, at identified feeder schools, and demonstrate that the proposed voluntary desegregation plan is adequate under Title VI. For additional guidance on how an LEA can voluntarily reduce minority group isolation and promote diversity in an LEA in light of the Supreme Court's decision in Parents Involved in Community Schools v. Seattle School District No 1 et al., 551 U.S. 701 (2007), see the December 2, 2011, “Guidance on the Voluntary Use of Race to Achieve Diversity and Avoid Racial Isolation in Elementary and Secondary Schools” available on the Department's Web site at www.ed.gov/ocr/docs/guidance-ese-201111.pdf.

    Complete and accurate enrollment forms and other information as required by the regulations in 34 CFR 280.20(f) and (g) for applicants with voluntary desegregation plans are critical to the Department's determination of an applicant's eligibility under a voluntary desegregation plan (specific requirements are detailed in the application package).

    Voluntary desegregation plan applicants must submit evidence of school board approval or evidence of other official adoption of the plan as required by the regulations in 34 CFR 280.20(f)(2).

    4. Single-Sex Programs: In addition to the normal MSAP grant review process, an applicant proposing to operate a single-sex magnet school or a coeducational magnet school that offers single-sex classes or extracurricular activities will undergo a separate and detailed review of its proposed single-sex educational program to determine compliance with applicable nondiscrimination laws, including the Equal Protection Clause of the U.S. Constitution (as interpreted in United States v. Virginia, 518 U.S. 515 (1996), and other cases) and Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et seq.) and its regulations, including 34 CFR 106.34. This additional review is likely to require the applicant to provide additional fact-specific information about the single-sex program within the Department's timeframes for determining eligibility for funding. It is likely special conditions will be placed on any grant used to support a single-sex educational program. Please see the application package for additional information about an application proposing a single-sex magnet school or a coeducational magnet school offering single-sex classes or extracurricular activities.

    IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an application package via the Internet, from the Education Publications Center (ED Pubs), or from the program office.

    To obtain a copy via the Internet, use the following address: www.ed.gov/fund/grant/apply/grantapps/.

    To obtain a copy from ED Pubs, write, fax, or call the following: Education Publications Center, P.O. Box 22207, Alexandria, VA 22304. Telephone, toll free: 1-877-433-7827. FAX: (703) 605-6794. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call, toll free: 1-877-576-7734.

    You can contact ED Pubs at its Web site, also: www.EdPubs.gov or at its email address: [email protected]

    If you request an application from ED Pubs, be sure to identify this program as follows: CFDA number 84.165A.

    To obtain a copy from the program office, contact: Tiffany McClain, U.S. Department of Education, 400 Maryland Avenue SW., Room 4W250, Washington, DC 20202-5970. Telephone: (202) 453-7200 or by email: [email protected] If you use a TDD or TTY, call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    Individuals with disabilities can obtain a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the program contact person listed in this section.

    2.a. Content and Form of Application Submission: Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition.

    Notice of Intent to Apply: The Department will be able to develop a more efficient process for reviewing grant applications if it has a better understanding of the number of entities that intend to apply for funding under this competition. Therefore, the Secretary strongly encourages each potential applicant to notify the Department of the applicant's intent to submit an application for funding by completing a Web-based form. When completing this form, applicants will provide (1) the applicant organization's name and address, (2) the number of and proposed theme(s) of school(s) that will be served through the MSAP grant, and (3) information on the priority or priorities (if any) under which the applicant intends to apply. Applicants may access this form online at http://innovation.ed.gov/what-we-do/parental-options/magnet-school-assistance-program-msap/. Applicants that do not complete this form may still apply for funding.

    Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria and the competitive preference priorities that reviewers use to evaluate your application. You must limit the application narrative to no more than 150 pages, using the following standards:

    • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides.

    • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs.

    • Use a font that is either 12-point or larger or no smaller than 10 pitch (characters per inch).

    Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. An application submitted in any other font (including Times Roman or Arial Narrow) will not be accepted.

    • Include page numbers at the bottom of each page in your narrative.

    The page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances, certifications, the desegregation plan and related information, and the forms used to respond to Competitive Preference Priorities 2 and 3; or the one-page abstract, the resumes, or letters of support. However, the page limit does apply to all of the application narrative in Part III.

    Our reviewers will not read any pages of your application that exceed the page limit.

    2.b. Submission of Proprietary Information: Given the types of projects that may be proposed in applications for the MSAP program, your application may include business information that you consider proprietary. In 34 CFR 5.11 we define “business information” and describe the process we use in determining whether any of that information is proprietary and, thus, protected from disclosure under Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as amended).

    Because we plan to make successful applications available to the public, you may wish to request confidentiality of business information.

    Consistent with Executive Order 12600, please designate in your application any information that you believe is exempt from disclosure under Exemption 4. In the appropriate Appendix section of your application, under “Other Attachments Form,” please list the page number or numbers on which we can find this information. For additional information please see 34 CFR 5.11(c).

    3. Submission Dates and Times:

    Applications Available: April 22, 2016.

    Date of Informational Webinar: The MSAP intends to hold a Webinar to provide technical assistance to interested applicants. Detailed information regarding this Webinar will be provided on the MSAP Web site at http://www2.ed.gov/programs/magnet/index.html. A recording of this Webinar will be available on the Web site following the session.

    Deadline for Transmittal of Applications: June 1, 2016.

    Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to Other Submission Requirements in section IV of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.

    Deadline for Intergovernmental Review: August 8, 2016.

    4. Intergovernmental Review: This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this program.

    5. Funding Restrictions: We specify unallowable costs in 34 CFR 280.41. We reference additional regulations outlining funding restrictions in the Applicable Regulations section of this notice.

    6. Data Universal Numbering System Number, Taxpayer Identification Number, and System for Award Management: To do business with the Department of Education, you must—

    a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the System for Award Management (SAM) (formerly the Central Contractor Registry), the Government's primary registrant database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet at the following Web site: http://fedgov.dnb.com/webform. A DUNS number can be created within one to two business days.

    If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active.

    The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data you enter into the SAM database. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early.

    Note:

    Once your SAM registration is active, it may be 24 to 48 hours before you can access the information in, and submit an application through, Grants.gov.

    If you are currently registered with SAM, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: http://www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements: Applications for grants under MSAP must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications.

    Applications for grants under MSAP, CFDA number 84.165A, must be submitted electronically using the Governmentwide Grants.gov Apply site at www.Grants.gov. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.

    We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement.

    You may access the electronic grant application for the Magnet Schools Assistance Program at www.Grants.gov. You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.165, not 84.165A).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for MSAP to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at www.G5.gov. In addition, for specific guidance and procedures for submitting an application through Grants.gov, please refer to the Grants.gov Web site at: www.grants.gov/web/grants/applicants/apply-for-grants.html.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: the Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a read-only, non-modifiable Portable Document Format (PDF). Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF (e.g., Word, Excel, WordPerfect, etc.) or submit a password-protected file, we will not review that material. Please note that this could result in your application not being considered for funding because the material in question—for example, the project narrative—is critical to a meaningful review of your proposal. For that reason it is important to allow yourself adequate time to upload all material as PDF files. The Department will not convert material from other formats to PDF.

    • Your electronic application must comply with any page limit requirements described in this notice.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. This notification indicates receipt by Grants.gov only, not receipt by the Department. Grants.gov will also notify you automatically by email if your application met all the Grants.gov validation requirements or if there were any errors (such as submission of your application by someone other than a registered Authorized Organization Representative, or inclusion of an attachment with a file name that contains special characters). You will be given an opportunity to correct any errors and resubmit, but you must still meet the deadline for submission of applications.

    Once your application is successfully validated by Grants.gov, the Department will retrieve your application from Grants.gov and send you an email with a unique PR/Award number for your application.

    These emails do not mean that your application is without any disqualifying errors. While your application may have been successfully validated by Grants.gov, it must also meet the Department's application requirements as specified in this notice and in the application instructions. Disqualifying errors could include, for instance, failure to upload attachments in a read-only, non-modifiable PDF; failure to submit a required part of the application; or failure to meet applicant eligibility requirements. It is your responsibility to ensure that your submitted application has met all of the Department's requirements.

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that the problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. We will contact you after we determine whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system; and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Tiffany McClain, U.S. Department of Education, 400 Maryland Avenue SW., Room 4W250, Washington, DC 20202-5970. FAX: (202) 205-5630.

    Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice.

    b. Submission of Paper Applications by Mail.

    If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.165A) LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    We will not consider applications postmarked after the application deadline date.

    c. Submission of Paper Applications by Hand Delivery.

    If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.165A) 550 12th Street SW., Room 7039, Potomac Center Plaza, Washington, DC 20202-4260.

    The Application Control Center accepts hand deliveries daily between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications:

    If you mail or hand deliver your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The selection criteria are from 34 CFR 75.210, 34 CFR 280.30, 34 CFR 280.31, and section 5305 of the ESEA. All of the selection criteria are listed in this section and in the application package.

    The maximum score for all of the selection criteria is 100 points. The maximum score for each criterion is included in parentheses following the title of the specific selection criterion. Each criterion also includes the factors that reviewers will consider in determining the extent to which an applicant meets the criterion.

    Points awarded under these selection criteria are in addition to any points an applicant earns under the competitive preference priorities in this notice. The maximum score that an application may receive under the competitive preference priorities and the selection criteria is 125 points.

    (a) Desegregation (30 points).

    The Secretary reviews each application to determine the quality of the desegregation-related activities and determines the extent to which the applicant demonstrates—

    (1) The effectiveness of its plan to recruit students from different social, economic, ethnic, and racial backgrounds into the magnet schools. (34 CFR 280.31)

    (2) How it will foster interaction among students of different social, economic, ethnic, and racial backgrounds in classroom activities, extracurricular activities, or other activities in the magnet schools (or, if appropriate, in the schools in which the magnet school programs operate). (34 CFR 280.31)

    (3) How it will ensure equal access and treatment for eligible project participants who have been traditionally underrepresented in courses or activities offered as part of the magnet school, e.g., women and girls in mathematics, science, or technology courses, and disabled students. (34 CFR 280.31)

    (4) The effectiveness of all other desegregation strategies proposed by the applicant for the elimination, reduction, or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students. (Section 5301(b)(1) of the ESEA)

    (b) Quality of Project Design (35 points).

    The Secretary reviews each application to determine the quality of the project design. In determining the quality of the design of the proposed project, the Secretary considers the following factors:

    (1) The manner and extent to which the magnet school program will improve student academic achievement for all students attending each magnet school program, including the manner and extent to which each magnet school program will increase student academic achievement in the instructional area or areas offered by the school. (Sections 5305(b)(1)(B) and 5305(b)(1)(D)(i) of the ESEA)

    (2) The extent to which the applicant demonstrates that it has the resources to operate the project beyond the length of the grant, including a multi-year financial and operating model and accompanying plan; the demonstrated commitment of any partners; evidence of broad support from stakeholders (e.g., State educational agencies, teachers' unions) critical to the project's long-term success; or more than one of these types of evidence. (34 CFR 75.210)

    (3) The extent to which the training or professional development services to be provided by the proposed project are of sufficient quality, intensity, and duration to lead to improvements in practice among the recipients of those services. (34 CFR 75.210)

    (4) The extent to which the proposed project is supported by strong theory (as defined in this notice). (34 CFR 75.210)

    (c) Quality of Management Plan (15 points) (34 CFR 75.210).

    The Secretary considers the quality of the management plan for the proposed project. In determining the quality of the management plan for the proposed project, the Secretary considers the following factors:

    (1) The adequacy of the management plan to achieve the objectives of the proposed project on time and within budget, including clearly defined responsibilities, timelines, and milestones for accomplishing project tasks; and

    (2) How the applicant will ensure that a diversity of perspectives are brought to bear in the operation of the proposed project, including those of parents, teachers, the business community, a variety of disciplinary and professional fields, recipients or beneficiaries of services, or others, as appropriate.

    (d) Quality of Personnel (10 points) (34 CFR 280.31).

    The Secretary reviews each application to determine the qualifications of the personnel the applicant plans to use on the project. The Secretary determines the extent to which—

    (1) The project director (if one is used) is qualified to manage the project;

    (2) Other key personnel are qualified to manage the project; and

    (3) Teachers who will provide instruction in participating magnet schools are qualified to implement the special curriculum of the magnet schools.

    To determine personnel qualifications, the Secretary considers experience and training in fields related to the objectives of the project, including the key personnel's knowledge of and experience in curriculum development and desegregation strategies.

    (e) Quality of Project Evaluation (10 points) (34 CFR 75.210).

    The Secretary considers the quality of the evaluation to be conducted of the proposed project. In determining the quality of the evaluation, the Secretary considers the following factors:

    (1) The extent to which the methods of evaluation provide for examining the effectiveness of project implementation strategies;

    (2) The extent to which the methods of evaluation include the use of objective performance measures that are clearly related to the intended outcomes of the project and will produce quantitative and qualitative data to the extent possible; and

    (3) The extent to which the methods of evaluation will provide performance feedback and permit periodic assessment of progress toward achieving intended outcomes.

    2. Review and Selection Process: We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the applicant in carrying out a previous award, such as the applicant's use of funds, achievement of project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.

    In addition, in making a competitive grant award, the Secretary also requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    3. Risk Assessment and Special Conditions: Consistent with 2 CFR 200.205, before awarding grants under this competition the Department conducts a review of the risks posed by applicants. Under 2 CFR 3474.10, the Secretary may impose special conditions and, in appropriate circumstances, high-risk conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 2 CFR part 200, subpart D; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN); or we may send you an email containing a link to access an electronic version of your GAN. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    (c) The Secretary may provide a grantee with additional funding for data collection analysis and reporting. In this case the Secretary establishes a data collection period.

    4. Performance Measures: We have established the following six performance measures for the MSAP:

    (a) The percentage of magnet schools receiving assistance whose student enrollment reduces, eliminates, or prevents minority group isolation.

    (b) The percentage of students from major racial and ethnic groups in magnet schools receiving assistance who score proficient or above on State assessments in reading/language arts.

    (c) The percentage of students from major racial and ethnic groups in magnet schools receiving assistance who score proficient or above on State assessments in mathematics.

    (d) The cost per student in a magnet school receiving assistance.

    (e) The percentage of magnet schools that received assistance that are still operating magnet school programs three years after Federal funding ends.

    (f) The percentage of magnet schools that received assistance that meet the State's annual measurable objectives and, for high schools, graduation rate targets at least three years after Federal funding ends.

    Note:

    Recognizing that States are no longer required to report annual measurable objectives to the Department under the ESEA, as amended by the ESSA, we include this performance measure in order to ensure grantees monitor and report high school graduation rates. States must establish and measure against ambitious, long-term goals; we encourage MSAP grantees to consider these State goals and incorporate them into their annual performance reporting as appropriate.

    5. Continuation Awards: In making a continuation award under 34 CFR 75.253, the Secretary considers, among other things: Whether a grantee has made substantial progress in achieving the goals and objectives of the project; whether the grantee has expended funds in a manner that is consistent with its approved application and budget; and, if the Secretary has established performance measurement requirements, the performance targets in the grantee's approved application.

    In making a continuation award, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    VII. Agency Contact FOR FURTHER INFORMATION CONTACT:

    Tiffany McClain, U.S. Department of Education, 400 Maryland Avenue SW., Room 4W250, Washington, DC 20202-5970. Telephone: (202) 453-7200 or by email: [email protected]

    If you use a TDD or TTY, call the FRS, at 1-800-877-8339.

    VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this document and a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: April 19, 2016. Nadya Chinoy Dabby, Assistant Deputy Secretary for Innovation and Improvement.
    [FR Doc. 2016-09437 Filed 4-21-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2016-ICCD-0048] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; ED School Climate Surveys (EDSCLS) Benchmark Study 2017 Update AGENCY:

    National Center for Education Statistics (NCES), 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 23, 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-0048. 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 Kashka Kubzdela 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 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: ED School Climate Surveys (EDSCLS) Benchmark Study 2017 Update.

    OMB Control Number: 1850-0923.

    Type of Review: A revision of an existing information collection.

    Respondents/Affected Public: Individuals or Households.

    Total Estimated Number of Annual Responses: 328,877.

    Total Estimated Number of Annual Burden Hours: 241,265.

    Abstract: The ED School Climate Surveys (EDSCLS) are a suite of survey instruments being developed for schools, districts, and states by the U.S. Department of Education's (ED) National Center for Education Statistics (NCES). This national effort extends current activities that measure school climate, including the state-level efforts of the Safe and Supportive Schools (S3) grantees, which were awarded funds in 2010 by the ED's Office of Safe and Healthy Students (OSHS) to improve school climate. Through the EDSCLS, schools nationwide will have access to survey instruments and a survey platform that will allow for the collection and reporting of school climate data across stakeholders at the local level. The surveys can be used to produce school-, district-, and state-level scores on various indicators of school climate from the perspectives of students, teachers, noninstructional school staff and principals, and parents and guardians. The 2017 national EDSCLS benchmark study data collection from a nationally representative sample of schools across the United States to create a national comparison point for users of EDSCLS was last approved in April 2016 (OMB# 1850-0923 v.3). Data will be collected from a nationally representative sample of 500 schools serving students in grades 5-12 has to produce national school climate scores on the various topics covered by EDSCLS, which will be released in the updated EDSCLS platform and provide a basis for comparison between data collected by schools and school systems and the national school climate. This submission requests adjustments to the study plan to allow schools participating in the EDSCLS benchmark data collection the option to survey a sample rather than all students and staff so that participating schools have greater control over the amount of burden posed on EDSCLS respondents.

    Dated: April 19, 2016. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2016-09348 Filed 4-21-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION President's Advisory Commission on Asian Americans and Pacific Islanders AGENCY:

    U.S. Department of Education, President's Advisory Commission on Asian Americans and Pacific Islanders.

    ACTION:

    Announcement of an open meeting.

    SUMMARY:

    This notice sets forth the schedule and agenda of the meeting of the President's Advisory Commission on Asian Americans and Pacific Islanders (AAPI Commission). The notice also describes the functions of the Commission. Notice of the meeting is required by § 10(a)(2) of the Federal Advisory Committee Act and is intended to notify the public of its opportunity to attend.

    DATES:

    The AAPI Commission meeting will be held on May 3, 2016 from 1:00-5:00 p.m. ET and May 4, 2016 from 9:00-12:00 a.m. ET at the U.S. Department of Education, 550 12th Street SW., 10th Floor, Washington, DC 20202.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Tran, White House Initiative on Asian Americans and Pacific Islanders, Potomac Center Plaza, 550 12th Street SW., Washington, DC 20202; telephone: 202-245-6747.

    SUPPLEMENTARY INFORMATION:

    The AAPI Commission's Statutory Authority and Function: The President's Advisory Commission on Asian Americans and Pacific Islanders is established under Executive Order 13515, dated October 14, 2009 and subsequently continued and amended by Executive Order 13585 and extended on September 30, 2015 by Executive Order 13708. The Commission is governed by the provisions of the Federal Advisory Committee Act (FACA), (Pub. L. 92-463; as amended, 5 U.S.C.A. app.) which sets forth standards for the formation and use of advisory committees. According to Executive Order 13515, the Commission shall provide advice to the President, through the Secretary of Education and a senior official to be designated by the President, on: (i) The development, monitoring, and coordination of executive branch efforts to improve the quality of life of Asian Americans and Pacific Islanders (AAPIs) through increased participation in Federal programs in which such persons may be underserved; (ii) the compilation of research and data related to AAPI populations and subpopulations; (iii) the development, monitoring, and coordination of Federal efforts to improve the economic and community development of AAPI businesses; and (iv) strategies to increase public and private-sector collaboration, and community involvement in improving the health, education, environment, and well-being of AAPIs.

    Members of the public who would like to attend the meetings on May 3, 2016 and May 4, 2016, should R.S.V.P. to Jennifer Tran via email at [email protected] no later than April 25, 2016 at 3:00 p.m. ET.

    Submission of Written Comments: Due to time constraints, there will not be a public comment period at these meetings. However, individuals wishing to provide comments regarding the meeting agenda or the Commission's work may send comments to Jennifer Tran via email at [email protected]. Please include in the subject line the wording, “Public Comment—Commission Meeting.”

    Meeting Agenda: The purpose of this meeting is to discuss current and future endeavors of the White House Initiative on Asian Americans and Pacific Islanders and key issues and concerns impacting the AAPI community; review the work of the White House Initiative on Asian Americans and Pacific Islanders; determine key strategies to help meet the Commission's charge as outlined in Executive Order 13515; and determine regional engagement strategies and deliverables around regional activities.

    Access to Records of the Meeting: The Department will post the official report of the meeting on the AAPI Commission Web site not later than 90 days after the meeting. Pursuant to the FACA, the public may also inspect the materials at 550 12th Street SW., Washington, DC 20202 by emailing [email protected] or by calling (202) 245-6747 to schedule an appointment.

    Reasonable Accommodations: The meeting site is accessible to individuals with disabilities. Individuals who will need accommodations for a disability in order to attend the meetings (e.g., interpreting services, assistive listening devices, or material in alternative format) should notify Jennifer Tran at 202-245-6747, no later than April 25, 2016. We will attempt to meet requests for accommodations after this date, but cannot guarantee their availability.

    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 Adobe Portable Document Format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Authority:

    Executive Order No. 13515, as amended by Executive Orders 13585 continued by Executive Order 13708.

    Ted Mitchell, Under Secretary, U.S. Department of Education.
    [FR Doc. 2016-09181 Filed 4-21-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Appliance Standards and Rulemaking Federal Advisory Committee AGENCY:

    Department of Energy, Office of Energy Efficiency and Renewable Energy.

    ACTION:

    Notice of Charter Renewal.

    SUMMARY:

    Pursuant to Section 14(a)(2)(A) of the Federal Advisory Committee Act (Pub. L. 92-463), and in accordance with Title 41 of the Code of Federal Regulations, section 102-3.65(a), and following consultation with the Committee Management Secretariat, General Services Administration, notice is hereby given that the Appliance Standards and Rulemaking Federal Advisory Committee's (ASRAC) charter is being renewed.

    The Committee will provide advice and recommendations to the Secretary of Energy on matters concerning the DOE's Appliances and Commercial Equipment Standards Program's (Program) test procedures and rulemaking process.

    Additionally, the renewal of the ARSAC has been determined to be essential to conduct business of the Department of Energy's and to be the in the public interest in connection with the performance of duties imposed upon the Department of Energy, by law and agreement. The Committee will continue to operate in accordance with the provisions of the Federal Advisory Committee Act, the rules and regulations in implementation of that Act.

    FOR FURTHER INFORMATION CONTACT:

    John Cymbalsky, Designated Federal Officer at (202) 287-1692.

    Issued in Washington, DC, on April 15, 2016. Amy Bodette, Committee Management Officer.
    [FR Doc. 2016-09388 Filed 4-21-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Orders Granting Authority To Import and Export Natural Gas, To Import and Export Liquefied Natural Gas, and To Vacate Authorization During March 2016 FE Docket Nos. ENSTOR ENERGY SERVICES, LLC (formerly known) as IBERDROLA ENERGY SERVICES, LLC 14-104-NG ENSTOR ENERGY SERVICES, LLC (formerly known) as IBERDROLA ENERGY SERVICES, LLC) 15-172-NG WEST TEXAS GAS, INC 16-17-NG GLOBAL PURE ENERGY, LLC 16-24-NG ENERGIA DEL CARIBE, S.A 16-23-NG ALCOA INC. 16-27-NG CAMERON LNG, LLC 15-67-LNG IRVING OIL COMMERCIAL GP 16-21-NG IRVING OIL TERMINALS OPERATIONS INC 16-20-NG NJR ENERGY SERVICES COMPANY 16-30-NG SHELL ENERGY NORTH AMERICA (US), L.P 16-32-NG PROMETHEUS ENERGY GROUP, INC 16-31-LNG IBERDROLA CANADA ENERGY 16-19-NG BG LNG SERVICES, LLC 16-01-LNG ENSTOR ENERGY SERVICES, LLC 16-36-NG ENSTOR ENERGY SERVICES, LLC 16-37-NG NATIONAL FUEL RESOURCES, INC 16-35-NG AGENCY:

    Office of Fossil Energy, Department of Energy.

    ACTION:

    Notice of orders.

    SUMMARY:

    The Office of Fossil Energy (FE) of the Department of Energy gives notice that during March 2016, it issued orders granting authority to import and export natural gas, to import and export liquefied natural gas (LNG), and to vacate authority. These orders are summarized in the attached appendix and may be found on the FE Web site at http://energy.gov/fe/listing-doefe-authorizationsorders-issued-2016.

    They are also available for inspection and copying in the U.S. Department of Energy (FE-34), Division of Natural Gas Regulation, Office of Regulation and International Engagement, Office of Fossil Energy, Docket Room 3E-033, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9478. The Docket Room is open between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays.

    Issued in Washington, DC, on April 14, 2016. John A. Anderson, Director, Office of Regulation and International Engagement, Office of Oil and Natural Gas. Appendix—DOE/FE Orders Granting Import/Export A 3489-A 03/23/16 14-104-NG Enstor Energy Services, LLC (formerly known as Iberdrola Energy Services, LLC) Order vacating blanket authority to import/export natural gas from/to Mexico. 3745-A 03/23/16 15-172-NG Enstor Energy Services, LLC (formerly known as Iberdrola Energy Services, LLC) Order vacating blanket authority to import/export natural gas from/to Canada. 3793 03/15/16 16-17-NG West Texas Gas, Inc Order granting blanket authority to export natural gas to Mexico. 3794 03/15/16 16-24-NG Global Pure Energy, LLC Order granting blanket authority to import/export natural gas from/to Canada/Mexico. 3795 03/15/16 16-23-NG Energia del Caribe, S.A Order granting blanket authority to export natural gas to Mexico. 3796 03/15/16 16-27-NG Alcoa Inc Order granting blanket authority to import natural gas from Canada. 3797 03/18/16 15-67-LNG Cameron LNG, LLC Final Opinion and Order granting Long-term Multi-contract authority to export LNG by vessel from the Cameron Parish Terminal located in Cameron and Calcasieu Parishes, Louisiana, to Non-free Trade Agreement Nations. 3798 03/17/16 16-21-NG Irving Oil Commercial GP Order granting blanket authority to export natural gas to Canada. 3799 03/17/16 16-20-NG Irving Oil Terminals Operations Inc Order granting blanket authority to import natural gas from Canada. 3800 03/17/16 16-30-NG NJR Energy Services Company Order granting blanket authority to import/export natural gas from/to Canada. 3801 03/17/16 16-32-NG Shell Energy North America (US), L.P Order granting blanket authority to export LNG to Canada/Mexico by vessel/truck, and to import LNG from various international sources by vessel. 3802 03/17/16 16-31-LNG Prometheus Energy Group, Inc Order granting blanket authority to import/export LNG to Canada/Mexico by truck. 3804 03/18/16 16-19-NG Iberdrola Canada Energy Services, Ltd Order granting blanket authority to import/export natural gas from/to Canada. 3805 03/18/16 16-01-LNG BG LNG Services, LLC Order granting blanket authority to import LNG from various international sources by vessel. 3806 03/21/16 16-36-NG Enstor Energy Services, LLC Order granting blanket authority to import/export natural gas from/to Canada. 3807 03/21/16 16-37-NG Enstor Energy Services, LLC Order granting blanket authority to import/export natural gas from/to Mexico. 3808 03/29/16 16-35-NG National Fuel Resources, Inc Order granting blanket authority to import/export natural gas from/to Canada/Mexico.
    [FR Doc. 2016-09387 Filed 4-21-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC16-103-000.

    Applicants: Copper Mountain Solar 4, LLC, Mesquite Solar 2, LLC, Mesquite Solar 3, LLC.

    Description: Application for Authorization of Transaction Pursuant to FPA Section 203 of Copper Mountain Solar 4, LLC, et al.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5300.

    Comments Due: 5 p.m. ET 5/6/16.

    Docket Numbers: EC16-104-000.

    Applicants: Maine GenLead, LLC.

    Description: Application for Authorization Under Section 203 of the Federal Power Act and Request for Waivers, Expedited Action, Shortened Comment Period, and Confidential Treatment of Maine GenLead, LLC.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5319.

    Comments Due: 5 p.m. ET 5/6/16.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER15-266-004.

    Applicants: Public Service Company of Colorado.

    Description: Compliance filing: 2016-4-18_PSCoLossesStlmtCompFiling to be effective 1/1/2014.

    Filed Date: 4/18/16.

    Accession Number: 20160418-5096.

    Comments Due: 5 p.m. ET 5/9/16.

    Docket Numbers: ER16-1038-001.

    Applicants: Entergy Louisiana, LLC.

    Description: Tariff Amendment: ELL-SRMPA 8th Extension of Interim Agreement to be effective 3/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5293.

    Comments Due: 5 p.m. ET 5/6/16.

    Docket Numbers: ER16-1077-001.

    Applicants: Southwest Power Pool, Inc.

    Description: Tariff Amendment: Amended Filing in ER16-1077—Southwestern Amendatory Agreement Third Extension to be effective 3/1/2016.

    Filed Date: 4/18/16.

    Accession Number: 20160418-5114.

    Comments Due: 5 p.m. ET 5/9/16.

    Docket Numbers: ER16-1303-001.

    Applicants: Entergy Louisiana, LLC.

    Description: Tariff Amendment: ELL-SRMPA 9th Extension of Interim Agreement to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5294.

    Comments Due: 5 p.m. ET 5/6/16.

    Docket Numbers: ER16-1438-000.

    Applicants: 63SU 8ME LLC.

    Description: § 205(d) Rate Filing: LGIA CTA Concurrence Normal to be effective 6/7/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5268.

    Comments Due: 5 p.m. ET 5/6/16.

    Docket Numbers: ER16-1439-000.

    Applicants: 63SU 8ME LLC.

    Description: § 205(d) Rate Filing: SFA Concurrence Normal to be effective 6/7/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5271.

    Comments Due: 5 p.m. ET 5/6/16.

    Docket Numbers: ER16-1440-000.

    Applicants: Roswell Solar, LLC.

    Description: Baseline eTariff Filing: Roswell Solar, LLC's Application for Market-based Rates to be effective 6/15/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5273.

    Comments Due: 5 p.m. ET 5/6/16.

    Docket Numbers: ER16-1441-000.

    Applicants: Northern States Power Company, a Minnesota corporation.

    Description: Tariff Cancellation: 20160415_Clarity_Cancellation to be effective 12/31/9998.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5295.

    Comments Due: 5 p.m. ET 5/6/16.

    Docket Numbers: ER16-1442-000.

    Applicants: Northern States Power Company, a Wisconsin corporation.

    Description: Tariff Cancellation: 20160415_Clarity Cancellation to be effective 4/15/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5296.

    Comments Due: 5 p.m. ET 5/6/16.

    Docket Numbers: ER16-1443-000.

    Applicants: NRG Power Midwest LP.

    Description: § 205(d) Rate Filing: Revised Rate Schedule and Request for Waiver to be effective 4/16/2016.

    Filed Date: 4/18/16.

    Accession Number: 20160418-5000.

    Comments Due: 5 p.m. ET 5/9/16.

    Docket Numbers: ER16-1444-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Cancellation: Notice of Cancellation of In-Service Construction Service Agreements to be effective 1/14/2011.

    Filed Date: 4/18/16.

    Accession Number: 20160418-5112.

    Comments Due: 5 p.m. ET 5/9/16.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: April 18, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-09351 Filed 4-21-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER11-3279-004.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Compliance filing: 2016-04-18_Schedule 37 Compliance Filing to be effective 6/1/2011.

    Filed Date: 4/18/16.

    Accession Number: 20160418-5150.

    Comments Due: 5 p.m. ET 5/9/16.

    Docket Numbers: ER15-1248-000.

    Applicants: Michigan Electric Transmission Company, LLC.

    Description: Formal Challenge, et. al. of Consumers Energy Company to March 13, 2015 Annual Informational Attachment O filing, as supplemented on March 27, 2016 of Michigan Electric Transmission Company, LLC.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5344.

    Comments Due: 5 p.m. ET 5/6/16.

    Docket Numbers: ER16-833-001.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Compliance filing: 2016-04-18_PRA Compliance Filing to be effective 1/30/2016.

    Filed Date: 4/18/16.

    Accession Number: 20160418-5201.

    Comments Due: 5 p.m. ET 5/9/16.

    Docket Numbers: ER16-1169-000.

    Applicants: Ameren Illinois Company.

    Description: Motion to Intervene and Formal Challenge of the Southwestern Electric Cooperative, Inc. and Southern Illinois Power Cooperative, Inc.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5328.

    Comments Due: 5 p.m. ET 5/6/16.

    Docket Numbers: ER16-1188-000.

    Applicants: Consumers Energy Company.

    Description: Formal Challenge of Michigan Electric Transmission Company, LLC to March 15, 2016 inputs into Formula Rate of Consumers Energy Company.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5332.

    Comments Due: 5 p.m. ET 5/6/16.

    Docket Numbers: ER16-1445-000.

    Applicants: Dynegy Midwest Generation, LLC.

    Description: § 205(d) Rate Filing: Revised Rate Schedule and Request for Expedited Treatment to be effective 6/1/2016.

    Filed Date: 4/18/16.

    Accession Number: 20160418-5134.

    Comments Due: 5 p.m. ET 5/9/16.

    Docket Numbers: ER16-1446-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 2888R1 Arkansas Electric Cooperative Corp NITSA NOA to be effective 4/1/2016.

    Filed Date: 4/18/16.

    Accession Number: 20160418-5137.

    Comments Due: 5 p.m. ET 5/9/16.

    Docket Numbers: ER16-1447-000.

    Applicants: Public Service Company of Colorado.

    Description: Compliance filing: PSCo-Stlmnt Losses Comp to be effective 4/16/2016.

    Filed Date: 4/18/16.

    Accession Number: 20160418-5184.

    Comments Due: 5 p.m. ET 5/9/16.

    Docket Numbers: ER16-1448-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: Service Agreement No. 881 and 882 to be effective 4/22/2016.

    Filed Date: 4/18/16.

    Accession Number: 20160418-5203.

    Comments Due: 5 p.m. ET 5/9/16.

    Docket Numbers: ER16-1449-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Amendment to WMPA SA No. 2934, Queue No. W2-080 per Assignment to SNNJ1 to be effective 10/5/2014.

    Filed Date: 4/18/16.

    Accession Number: 20160418-5210.

    Comments Due: 5 p.m. ET 5/9/16.

    Docket Numbers: ER16-1450-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2016-04-18_SA 2838 METC-AEP IA Certificate of Concurrence to be effective 3/25/2016.

    Filed Date: 4/18/16.

    Accession Number: 20160418-5228.

    Comments Due: 5 p.m. ET 5/9/16.

    Docket Numbers: ER16-1451-000.

    Applicants: Powerex Corp.

    Description: Notice of Cancellation of First Revised Rate Schedule FERC No. 2 of Powerex Corp.

    Filed Date: 4/18/16.

    Accession Number: 20160418-5255.

    Comments Due: 5 p.m. ET 5/9/16.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: April 18, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-09349 Filed 4-21-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Number: PR16-26-001.

    Applicants: Enable Oklahoma Intrastate Transmission, LLC.

    Description: Tariff filing per 284.123(b), (e), (g): EOIT Revised Petition for Rate Approval to be effective 4/1/2016; Filing Type: 1270.

    Filed Date: 4/7/2016.

    Accession Number: 201604075238.

    Comments Due: 5 p.m. ET 4/28/16.

    284.123(g) Protests Due: 5 p.m. ET 4/28/16.

    Docket Number: PR16-45-000.

    Applicants: Black Hills Energy Arkansas, Inc.

    Description: Tariff filing per 284.123(e) + (g): Revised Statement of Operating Conditions to be effective 4/14/2016; Filing Type: 1280.

    Filed Date: 4/13/2016.

    Accession Number: 201604135170.

    Comments Due: 5 p.m. ET 5/4/16.

    284.123(g) Protests Due: 5 p.m. ET 6/13/16.

    Docket Number: PR16-46-000.

    Applicants: Public Service Company of Colorado.

    Description: Tariff filing per 284.123(b)(1), (g): Re-baseline to be effective 4/16/2016; Filing Type: 1330.

    Filed Date: 4/15/2016.

    Accession Number: 201604155141.

    Comments Due: 5 p.m. ET 5/6/16.

    284.123(g) Protests Due: 5 p.m. ET 6/14/16.

    Docket Numbers: RP16-841-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: § 4(d) Rate Filing: DPEs—PSEG, UGI, and Clean-Up to be effective 5/15/2016.

    Filed Date: 4/14/16.

    Accession Number: 20160414-5062.

    Comments Due: 5 p.m. ET 4/26/16.

    Docket Numbers: RP16-842-000.

    Applicants: Discovery Gas Transmission LLC.

    Description: Imbalance Cash-out Report for 2015 Activity for Discovery Gas Transmission LLC.

    Filed Date: 4/14/16.

    Accession Number: 20160414-5067.

    Comments Due: 5 p.m. ET 4/26/16.

    Docket Numbers: RP16-843-000.

    Applicants: Egan Hub Storage, LLC.

    Description: § 4(d) Rate Filing: Egan 2016 Cleanup Filing to be effective 5/16/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5042.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-844-000.

    Applicants: WestGas InterState, Inc.

    Description: Compliance filing Re-baseline to be effective 4/16/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5056.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-845-000.

    Applicants: Questar Pipeline Company.

    Description: Compliance filing Order 587-W Compliance Filing, Revised Sec. No. 26 to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5072.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-846-000.

    Applicants: Questar Overthrust Pipeline Company.

    Description: Compliance filing Order 587-W Compliance Filing, Revised Sec. 27 to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5082.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-847-000.

    Applicants: WestGas InterState, Inc.

    Description: Tariff Cancellation: 20160415_WGI Cancellation to be effective 4/15/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5095.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-848-000.

    Applicants: Questar Southern Trails Pipeline Company.

    Description: Compliance filing Order 587-W Compliance Filing, Revised Sec. No. 28 to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5098.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-849-000.

    Applicants: White River Hub, LLC.

    Description: Compliance filing Order 587-W Compliance Filing, Revised Sec. No. 26 to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5140.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-850-000.

    Applicants: Trans-Union Interstate Pipeline, L.P.

    Description: § 4(d) Rate Filing: Request for Extension of Time to Comply with NAESB Standard to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5165.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-851-000.

    Applicants: Dauphin Island Gathering Partners.

    Description: § 4(d) Rate Filing: Negotiated Rate Filing 4-15-16 to be effective 4/15/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5186.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-852-000.

    Applicants: Rockies Express Pipeline LLC.

    Description: Compliance filing Seneca Incremental Facilities Compliance to be effective 6/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5243.

    Comments Due: 5 p.m. ET 4/27/16.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and § 385.214) on or before 5:00 p.m. Eastern time on the specified date(s). Protests may be considered, but intervention is necessary to become a party to the proceeding.

    Filings in Existing Proceedings

    Docket Numbers: RP16-409-001.

    Applicants: Panhandle Eastern Pipe Line Company, LP.

    Description: Compliance filing Compliance with RP16-409 NAESB Order to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5031.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-410-001.

    Applicants: Trunkline Gas Company, LLC.

    Description: Compliance filing Compliance with RP16-410 NAESB Order to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5032.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-427-001.

    Applicants: Garden Banks Gas Pipeline, LLC.

    Description: Compliance filing Garden Banks Compliance Refile NAESB 3.0 to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5136.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-428-001.

    Applicants: Mississippi Canyon Gas Pipeline, L.L.C.

    Description: Compliance filing Mississippi Canyon Compliance Refile NAESB 3,0 to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5147.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-429-001.

    Applicants: Nautilus Pipeline Company, L.L.C.

    Description: Compliance filing Nautilus Compliance Refile for NAESB 3.0 to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5145.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-432-001.

    Applicants: Cameron Interstate Pipeline, LLC.

    Description: Compliance filing Cameron Interstate Pipeline Filing in Compliance with March 29, 2016 FERC Order to be effective 4/1/2016.

    Filed Date: 4/14/16.

    Accession Number: 20160414-5103.

    Comments Due: 5 p.m. ET 4/26/16.

    Docket Numbers: RP16-433-001.

    Applicants: LA Storage, LLC.

    Description: Compliance filing LA Storage Revised Tariff Filing in Compliance with March 29, 2016 FERC Order to be effective 4/1/2016.

    Filed Date: 4/14/16.

    Accession Number: 20160414-5107.

    Comments Due: 5 p.m. ET 4/26/16.

    Docket Numbers: RP16-434-001.

    Applicants: Mississippi Hub, LLC.

    Description: Compliance filing Mississippi Hub Tariff Filing in Compliance with March 29, 2016 FERC Order to be effective 4/1/2016.

    Filed Date: 4/14/16.

    Accession Number: 20160414-5111.

    Comments Due: 5 p.m. ET 4/26/16.

    Docket Numbers: RP16-435-001.

    Applicants: Southwest Gas Storage Company.

    Description: Compliance filing Compliance with RP16-435 NAESB Order to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5033.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-469-001.

    Applicants: Lake Charles LNG Company, LLC.

    Description: Compliance filing Compliance with RP16-469 NAESB Order to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5034.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-495-001.

    Applicants: American Midstream (AlaTenn), LLC.

    Description: Compliance filing Compliance with Order No. 587-W to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5001.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-496-001.

    Applicants: American Midstream (Midla), LLC.

    Description: Compliance filing Compliance with Order No. 587-W to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5002.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-501-001.

    Applicants: High Point Gas Transmission, LLC.

    Description: Compliance filing Compliance with Order No. 587-W to be effective 4/1/2016.

    Filed Date: 4/14/16.

    Accession Number: 20160414-5217.

    Comments Due: 5 p.m. ET 4/26/16.

    Docket Numbers: RP16-503-001.

    Applicants: Kern River Gas Transmission Company.

    Description: Compliance filing 2016 NAESB 3.0 Compliance to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5142.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-516-001.

    Applicants: Empire Pipeline, Inc.

    Description: Compliance filing Empire NAESB v3 CF (RP16-516) to be effective 4/1/2016.

    Filed Date: 4/14/16.

    Accession Number: 20160414-5161.

    Comments Due: 5 p.m. ET 4/26/16.

    Docket Numbers: RP16-519-001.

    Applicants: National Fuel Gas Supply Corporation.

    Description: Compliance filing NFGSC CF for Order 587-W (RP16-519) to be effective 4/1/2016.

    Filed Date: 4/14/16.

    Accession Number: 20160414-5061.

    Comments Due: 5 p.m. ET 4/26/16.

    Docket Numbers: RP16-539-001.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: Compliance filing AGT RP16-539-000 Compliance Filing to be effective 4/1/2016.

    Filed Date: 4/14/16.

    Accession Number: 20160414-5002.

    Comments Due: 5 p.m. ET 4/26/16.

    Docket Numbers: RP16-540-001.

    Applicants: Southern LNG Company, L.L.C.

    Description: Compliance filing Order No. 587-W Compliance Filing Compliance to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5079.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-542-001.

    Applicants: Elba Express Company, L.L.C.

    Description: Compliance filing Order No. 587-W Compliance Filing Compliance to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5080.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-544-001.

    Applicants: Southern Natural Gas Company, L.L.C.

    Description: Compliance filing Order No. 587-W Compliance Filing Compliance to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5076.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-561-001.

    Applicants: Midcontinent Express Pipeline LLC.

    Description: Compliance filing Compliance Filing 2 Pursuant to Order No. 587-W to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5187.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-562-001.

    Applicants: Gulfstream Natural Gas System, L.L.C.

    Description: Compliance filing Gulfstream RP562-000 Compliance Fiiling to be effective 4/1/2016.

    Filed Date: 4/14/16.

    Accession Number: 20160414-5000.

    Comments Due: 5 p.m. ET 4/26/16.

    Docket Numbers: RP16-572-001.

    Applicants: Sabine Pipe Line LLC.

    Description: Compliance filing Sabine Pipeline Order 587-W compliance filing to be effective 4/1/2016.

    Filed Date: 4/14/16.

    Accession Number: 20160414-5175.

    Comments Due: 5 p.m. ET 4/26/16.

    Docket Numbers: RP16-573-001.

    Applicants: Chandeleur Pipe Line, LLC.

    Description: Compliance filing Chandeluer Pipeline Order 587-W compliance 4-14-16 to be effective 4/1/2016.

    Filed Date: 4/14/16.

    Accession Number: 20160414-5177.

    Comments Due: 5 p.m. ET 4/26/16.

    Docket Numbers: RP16-574-001.

    Applicants: Iroquois Gas Transmission System, L.P.

    Description: Compliance filing 04/15/16 FERC Orders 587-W and 809 Compliance Conditions Filing to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5201.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-576-002.

    Applicants: Cimarron River Pipeline, LLC.

    Description: Compliance filing NAESB 3.0—Compliance Obligation Filing to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5185.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-579-002.

    Applicants: Dauphin Island Gathering Partners.

    Description: Compliance filing NAESB 3.0 Compliance Obligations Filing to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5184.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-805-001.

    Applicants: Gulf South Pipeline Company, LP.

    Description: Tariff Amendment: Amendment to Filing (4-14-2016) to be effective 4/1/2016.

    Filed Date: 4/14/16.

    Accession Number: 20160414-5166.

    Comments Due: 5 p.m. ET 4/26/16.

    Any person desiring to protest in any of the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: April 18, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-09394 Filed 4-21-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2458-214] Great Lakes Hydro America, LLC; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:

    a. Application Type: Request to Amend Project Boundary.

    b. Project No: 2458-214.

    c. Date Filed: December 16, 2015.

    d. Applicant: Great Lakes Hydro America, LLC.

    e. Name of Project: Penobscot Hydroelectric Project.

    f. Location: The project is located on the Penobscot River in Piscataquis and Penobscot counties, Maine.

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.

    h. Applicant Contact: Kevin Bernier, Senior Compliance Specialist; [email protected]; (207) 723-4341.

    i. FERC Contact: Krista Sakallaris, (202) 502-6302, [email protected]

    j. Deadline for filing comments, motions to intervene, and protests: May 18, 2016.

    The Commission strongly encourages electronic filing. Please file motions to intervene, protests, comments, or recommendations using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-2458-214.

    The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.

    k. Description of Request: Great Lakes Hydro America, LLC proposes to amend the project boundary for the Penobscot Hydroelectric Project to remove a 2.5 acre island. The island includes a historic structure listed in the National Register of Historic Places. The licensee is proposing to transfer the island, including the historic structure, to the West Branch Historical Preservation Committee, a Maine not-for-profit organization formed for the purpose of owning, operating, and maintaining historic structures. The amendment application includes provisions to ensure protection of the historic property once removed from the Commissions jurisdiction, which were drafted in consultation with the Maine Historic Preservation Commission.

    l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street NE., Room 2A, Washington, DC 20426, or by calling (202) 502-8371. This filing may also be viewed on the Commission's Web site at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or email [email protected], for TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above. Agencies may obtain copies of the application directly from the applicant.

    m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214, respectively. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

    o. Filing and Service of Documents: Any filing must (1) bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE” as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person commenting, protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis. Any filing made by an intervenor must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 385.2010.

    Dated: April 18, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-09350 Filed 4-21-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER16-1371-000] 63SU 8ME LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of 63SU 8ME LLC`s application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is May 4, 2016.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: April 14, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-09395 Filed 4-21-16; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9945-51-Region 5] Notification of a Public Teleconference of the Science and Information Subcommittee AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) announces a public teleconference of the Science and Information Subcommittee (SIS) to the Great Lakes Advisory Board (Board). The purpose of this meeting is to discuss the Great Lakes Restoration Initiative (GLRI) covering FY15-19 and other relevant matters.

    DATES:

    The teleconference will be held on Wednesday, May 11, 2016 from 10:00 a.m. to 12:00 p.m. Central Time, 11:00 a.m. to 1:00 p.m. Eastern Time. An opportunity will be provided to the public to comment.

    ADDRESSES:

    The public teleconference will be held by teleconference only. The teleconference number is: 1-877-226-9607; participant code: 605 016 6037.

    FOR FURTHER INFORMATION CONTACT:

    Any member of the public wishing further information regarding this teleconference may contact Rita Cestaric, Designated Federal Officer (DFO), by email at [email protected] General information on the GLRI, the Board and SIS can be found at http://glri.us/public.html.

    SUPPLEMENTARY INFORMATION:

    Background: The SIS was established in accordance with the provisions of the Federal Advisory Committee Act (FACA), Public Law 92-463. The SIS is composed of members from governmental, private sector, non-profit and academic organizations, appointed by the EPA Administrator in her capacity as Chair of the Interagency Task Force (IATF), who were selected based on their established records of distinguished service in their professional community and their knowledge of ecological protection and restoration issues. The SIS will assist the Board in providing ongoing advice on Great Lakes adaptive management and may provide other recommendations, as requested by the IATF.

    Availability of Meeting Materials: The agenda and other materials in support of the meeting will be available at http://glri.us/advisory/index.html.

    Procedures for Providing Public Input: Federal advisory committees provide independent advice to federal agencies. Members of the public can submit relevant comments for consideration by the SIS. Input from the public to the SIS will have the most impact if it provides specific information for the SIS to consider. Members of the public wishing to provide comments should contact the DFO directly.

    Oral Statements: In general, individuals or groups requesting an oral presentation at this public meeting will be limited to three minutes per speaker, subject to the number of people wanting to comment. Interested parties should contact the DFO in writing (preferably via email) at the contact information noted above by May 9, 2016 to be placed on the list of publi