Federal Register Vol. 81, No.83,

Federal Register Volume 81, Issue 83 (April 29, 2016)

Page Range25585-26088
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81_FR_83
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81 83 Friday, April 29, 2016 Contents Agriculture Agriculture Department See

Animal and Plant Health Inspection Service

See

Commodity Credit Corporation

See

Forest Service

Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Response Team Customer Satisfaction Survey, 25714-25715 2016-10057 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Scrapie in Sheep and Goats; Interstate Movement Restrictions and Indemnity Program, 25640-25641 2016-10122 Army Army Department NOTICES Intents to Grant Partially Exclusive Licenses: AEgis Technologies Group, Inc., 25654 2016-09993 Meetings: Army Education Advisory Subcommittee, 25653-25654 2016-10001 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement RULES Oil and Gas and Sulfur Operations in the Outer Continental Shelf; Blowout Preventer Systems and Well Control, 25888-26038 2016-08921 Census Bureau Census Bureau NOTICES Meetings: National Advisory Committee, 25642-25643 2016-10118 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25672-25675 2016-10083 2016-10084 Medicare and Medicaid Programs: Approval of the Institute for Medical Quality's Ambulatory Surgical Center Accreditation Program, 25675-25677 2016-10165 Coast Guard Coast Guard NOTICES Meetings: Merchant Marine Personnel Advisory Committee, 25686-25687 2016-09972 Commerce Commerce Department See

Census Bureau

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Industry and Security Bureau

See

National Oceanic and Atmospheric Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25643-25645 2016-10035 2016-10042 2016-10046 2016-10047
Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 25652 2016-10180 Commodity Credit Commodity Credit Corporation RULES Farm Storage Facility Loan Program: Portable Storage Facilities and Reduced Down Payment for FSFL Microloans, 25587-25595 2016-09949 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 25652-25653 2016-10216 Copyright Royalty Board Copyright Royalty Board NOTICES Distribution of 2014 Satellite Royalty Funds, 25719-25720 2016-10094 Defense Department Defense Department See

Army Department

See

Engineers Corps

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25655-25656 2016-09995 Charter Renewals: Department of Defense Federal Advisory Committees, 25654-25655 2016-09971 Meetings: Defense Acquisition University Board of Visitors, 25656 2016-10033 U.S. Strategic Command Strategic Advisory Group, 25654 2016-09982
Energy Department Energy Department See

Federal Energy Regulatory Commission

RULES Energy Conservation Program: Clarification of Test Procedures for Fluorescent Lamps Ballasts, 25595-25601 2016-10012
Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Installation of a Terminal Groin Structure at the Eastern End of Ocean Isle Beach, Extending into the Atlantic Ocean, West of Shallotte Inlet (Brunswick County, NC), 25659-25660 2016-09997 Potential Impacts within Defined Geographic Regions in Texas That May Be Affected by Future U.S. Army Corps of Engineers, Fort Worth District, Permit Decisions for Future Surface Coal and Lignite Mine Expansions or Satellite Mines within the District's Area of Responsibility, 25658 2016-10000 Proposed Lake Columbia Regional Water Supply Reservoir Project in Texas; Termination, 25657 2016-09999 Meetings: City of Norfolk Flood Risk Management Study, 25656-25657 2016-10002 Lake Eufaula Advisory Committee, 25657-25658 2016-10003 Environmental Protection Environmental Protection Agency RULES Air Plan Approvals: Removal of I/M Program in Memphis and Revisions to the 1997 8-Hour Ozone Maintenance Plan for Shelby County, TN, 25605-25608 2016-10166 Air Plan Revisions; Approvals: Arizona; Rescissions and Corrections, 25608-25611 2016-10008 Federal Plan Requirements: Sewage Sludge Incineration Units Constructed on or Before October 14, 2010, 26040-26088 2016-09292 State Plans for Designated Facilities and Pollutants; Approvals and Promulgations: Puerto Rico; Control of Emissions from Existing Sewage Sludge Incineration Units, 25611-25613 2016-09862 NOTICES Environmental Impact Statements; Availability, etc., 25666 2016-10078 Updates to the Demographic and Spatial Allocation Models to Produce Integrated Climate and Land Use Scenarios Version 2, 25666-25667 2016-09860 Federal Aviation Federal Aviation Administration RULES Establishment of Class E Airspace: Hollis, OK, 25602-25603 2016-09994 Horseshoe Bend, AR, 25603-25604 2016-09985 Ketchum, OK, 25601-25602 2016-09989 PROPOSED RULES Airworthiness Directives: Airbus Helicopters (Type Certificate Previously Held by Eurocopter France), 25622-25625 2016-09947 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 2016-10021 2016-10022 25660-25665 2016-10023 2016-10079 2016-10080 2016-10081 2016-10082 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Palmco Power MI LLC, 25660-25661 2016-10137 Torofino Trading LLC, 25663-25664 2016-10157 Refund Effective Dates: Beaver Dam Energy LLC, 25661 2016-10024 Federal Railroad Federal Railroad Administration NOTICES Railroad Safety Infrastructure Improvement Grants, 25752-25758 2016-10077 Federal Reserve Federal Reserve System NOTICES Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 25667 2016-10103 Federal Trade Federal Trade Commission NOTICES Early Terminations of the Waiting Period Under the Premerger Notification Rules; Approvals, 25667-25672 2016-10049 2016-10050 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Eagle Take Permits for the Chokecherry and Sierra Madre Phase I Wind Energy Project, 25688-25690 2016-09783 Food and Drug Food and Drug Administration PROPOSED RULES Food Additive Petitions: 3M Corporation, 25625-25627 2016-09932 NOTICES Center for Biologics Evaluation and Research eSubmitter Program: Electronic Submission of Postmarketing Adverse Event Reports for Human Vaccine Products, 25679-25680 2016-10025 Meetings: Mass Spectrometry in the Clinic: Regulatory Considerations Surrounding Validation of Liquid Chromatography-Mass Spectrometry Based Devices; Public Workshops, 25678-25679 2016-10106 Recommendations on the Regulation of Combination Drug Medicated Feeds, 25677-25678 2016-10028 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Tahoe National Forest; Placer County, California; Squaw Valley to Alpine Meadows Base-to-Base Gondola Project, 25641-25642 2016-09672 New Fee Sites: Carson National Forest, 25641 2016-10039 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25690-25691 2016-10041 Health and Human Health and Human Services Department See

Centers for Medicare & Medicaid Services

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Food and Drug Administration

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Health Resources and Services Administration

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Indian Health Service

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National Institutes of Health

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2016-10062 25681-25682 2016-10066
Health Resources Health Resources and Services Administration NOTICES Statement of Organization, Functions and Delegations of Authority, 25680 2016-10048 Homeland Homeland Security Department See

Coast Guard

Housing Housing and Urban Development Department NOTICES Federal Properties Suitable as Facilities to Assist the Homeless, 25688 2016-09757 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition of Trust Land, 25698-25699 2016-10004 Rate Adjustments for Indian Irrigation Projects, 25691-25698 2016-10045 Indian Health Indian Health Service NOTICES 4-in-1 Grant Program; Correction, 25682-25683 2016-10164 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Special Priorities Assistance, 25645 2016-09987 Interior Interior Department See

Bureau of Safety and Environmental Enforcement

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Fish and Wildlife Service

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Geological Survey

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Indian Affairs Bureau

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Land Management Bureau

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National Park Service

NOTICES List of Programs Eligible for Inclusion in Funding Agreements Negotiated with Self-Governance Tribes by Interior Bureaus Other than the Bureau of Indian Affairs and Fiscal Year 2016 Programmatic Targets, 25699-25703 2016-10040 Meetings: U.S. Extractive Industries Transparency Initiative Public Outreach; Webinar, 25703-25704 2016-10115 School Facilities Construction List, 25704 2016-10044
Internal Revenue Internal Revenue Service NOTICES Credit for Renewable Electricity Production and Refined Coal Production: Inflation Adjustment Factor and Reference Prices for Calendar Year 2016, 25760 2016-10065 Meetings: Advisory Group to the Internal Revenue Service Tax Exempt and Government Entities Division, 25759-25760 2016-10064 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Phosphor Copper from Korea, 25714 2016-10055 Justice Department Justice Department See

Alcohol, Tobacco, Firearms, and Explosives Bureau

See

National Institute of Justice

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Explosives License or Permit, 25715-25716 2016-10101 Controlled Substances Import/Export Declaration, 25716 2016-10058 Juvenile Residential Facility Census, 25717-25718 2016-10059 Proposed Consent Decree Second Modification under the Clean Water Act, 25715 2016-10104 Proposed Consent Decrees Under the Clean Water Act, 25716-25717 2016-10105
Labor Department Labor Department See

Mine Safety and Health Administration

RULES Implementation of OMB Guidance on Nonprocurement Debarment and Suspension, 25585-25587 2016-10015 PROPOSED RULES Implementation of OMB Guidance on Nonprocurement Debarment and Suspension, 25620-25622 2016-10014 NOTICES Privacy Act; Systems of Records, 25766-25885 2016-09510
Land Land Management Bureau NOTICES Meetings: California Desert District Advisory Council, 25705 2016-09941 Requests for Nominations: Utah Resource Advisory Council, 25704-25705 2016-10171 Library Library of Congress See

Copyright Royalty Board

Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: High-Voltage Continuous Mining Machines Standards for Underground Coal Mines, 25719 2016-10169 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25758-25759 2016-10038 National Institute Justice National Institute of Justice NOTICES Draft Test Procedures for the Gun Safety Technology Challenge, 25718 2016-10121 National Institute National Institutes of Health NOTICES Charter Renewals: Advisory Board for Clinical Research, 25686 2016-09979 Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 25685-25686 2016-09980 National Cancer Institute, 25686 2016-10029 National Institute of General Medical Sciences, 25685 2016-10126 National Institute of Neurological Disorders and Stroke, 25684-25685 2016-10030 National Institute on Aging, 25684 2016-10144 National Institute on Alcohol Abuse and Alcoholism, 25685 2016-10132 National Institute on Deafness and other Communication Disorders, 25686 2016-10142 National Institute on Drug Abuse, 25683-25684 2016-10128 Prospective Grant of Exclusive Licenses: AAV-Mediated Aquaporin Gene Transfer to Treat Sjogren's Syndrome, 25683 2016-09978 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Greenland Turbot in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area, 25618-25619 2016-09988 Longnose Skate in the Western Regulatory Area of the Gulf of Alaska, 25618 2016-10056 NOTICES Fisheries of the Northeastern United States: Northeast Multispecies Fishery; Approved Monitoring Service Providers, 25650-25651 2016-09970 Meetings: Fisheries of the Gulf of Mexico and South Atlantic; Southeast Data, Assessment and Review, 25651 2016-10075 New England Fishery Management Council, 25648 2016-10074 Western Pacific Fishery Management Council, 25648-25649, 25651-25652 2016-10073 2016-10162 2016-10163 Permits: Marine Mammals; File No. 15271, 25645-25646 2016-10036 Marine Mammals; File No. 19309, 25650 2016-10037 Presidential Task Force on Combating Illegal Unreported and Unregulated Fishing and Seafood Fraud Action Plan: Commerce Trusted Trader Program, 25646-25648 2016-10005 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Vista Grande Drainage Basin Improvement Project, Golden Gate National Recreation Area, San Francisco and San Mateo Counties, CA, 25707-25709 2016-10172 Inventory Completions: Kansas State Historical Society, Topeka, KS, 25711-25713 2016-10067 Sam Noble Oklahoma Museum of Natural History, Norman, OK, 25705-25707 2016-10069 National Register of Historic Places: Pending Nominations and Related Actions, 25709-25710 2016-10017 Repatriation of Cultural Items: Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA, 25710-25711 2016-10068 Robert S. Peabody Museum of Archaeology, Andover, MA, 25713-25714 2016-10070 National Science National Science Foundation NOTICES Fiscal Year 2015 Service Contract Inventory, 25720 2016-10052 Meetings; Sunshine Act, 25721-25722 2016-10254 Permit Applications: Antarctic Conservation Act, 25720-25721 2016-10054 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Combined License Applications: Bell Bend Nuclear Power Plant, 25722-25723 2016-09986 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Freedom of Information/Privacy Act Record Request Form, 25724 2016-10060 Privacy Act Request for Completed Standard Form SF85/SF85P/SF86, INV 100A, 25723-25724 2016-10061 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials: Incorporation by Reference Edition Update for the American Society of Mechanical Engineers Boiler and Pressure Vessel Code and Transportation Systems for Liquids and Slurries: Pressure Piping Code, 25613-25618 2016-10027 PROPOSED RULES Hazardous Materials: Incorporation of ASME Code Section XII and the National Board Inspection Code, 25627-25639 2016-09919 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25724-25725 2016-10034 Securities Securities and Exchange Commission NOTICES Applications: AllianceBernstein LP, and AllianceBernstein U.S. Real Estate Employee Fund II, LP, 25742-25748 2016-10020 Madison ETF Trust and Madison ETF Advisers, LLC, 25734-25742 2016-10019 Self-Regulatory Organizations; Proposed Rule Changes: New York Stock Exchange LLC, 25725-25734, 25748-25750 2016-09975 2016-09983 Small Business Small Business Administration NOTICES Disaster Declarations: Louisiana, 25750 2016-10071 Military Reservist Economic Injury Disaster Loans: Interest Rate for Third Quarter FY 2016, 25750 2016-10072 Surface Transportation Surface Transportation Board NOTICES Acquisitions and Operation Exemptions: Finger Lakes Railway Corp.; Seneca County Industrial Development Agency, 25752 2016-10090 Lease Exemptions: Seneca County Industrial Development Agency; Finger Lakes Railway Corp., 25751-25752 2016-10091 Sublease and Operation Exemptions: Finger Lakes Railway Corp.; Seneca County Industrial Development Agency, 25750-25751 2016-10092 Trade Representative Trade Representative, Office of United States RULES Establishment of a Petition Process: Review the Eligibility of Countries Under the African Growth and Opportunity Act, 25604-25605 2016-10016 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Railroad Administration

See

National Highway Traffic Safety Administration

See

Pipeline and Hazardous Materials Safety Administration

Treasury Treasury Department See

Internal Revenue Service

See

United States Mint

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25760-25763 2016-10085 2016-10086 2016-10087
U.S. Mint United States Mint NOTICES Coin Exchange; Suspension Extension, 25763 2016-10123 Separate Parts In This Issue Part II Labor Department, 25766-25885 2016-09510 Part III Interior Department, Bureau of Safety and Environmental Enforcement, 25888-26038 2016-08921 Part IV Environmental Protection Agency, 26040-26088 2016-09292 Reader Aids

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

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81 83 Friday, April 29, 2016 Rules and Regulations DEPARTMENT OF LABOR Office of the Assistant Secretary for Administration and Management 2 CFR Part 2998 29 CFR Parts 95 and 98 RIN 1291-AA38 Department of Labor Implementation of OMB Guidance on Nonprocurement Debarment and Suspension AGENCY:

Office of the Assistant Secretary for Administration and Management, Department of Labor.

ACTION:

Direct final rule.

SUMMARY:

The U.S. Department of Labor (DOL) is removing its regulations implementing the government-wide common rule on nonprocurement debarment and suspension, currently located in Part 98 of Title 29 of the Code of Federal Regulations (CFR), and adopting the Office of Management and Budget's (OMB) guidance at Title 2 of the CFR. This regulatory action implements the OMB's initiative to streamline and consolidate into one title of the CFR all Federal regulations on nonprocurement debarment and suspension. These changes constitute an administrative simplification that would make no substantive change in DOL policy or procedures for nonprocurement debarment and suspension.

DATES:

This final rule is effective on April 29, 2016 without further action. Submit comments on or before May 31, 2016 on any unintended changes this action makes in DOL policies and procedures for debarment and suspension. If an adverse comment about unintended changes is received, DOL will publish a timely withdrawal of the rule in the Federal Register.

ADDRESSES:

Comments may be submitted in two ways. All email comments regarding this rule should be sent to Ms. Duyen Tran Ritchie at [email protected] To ensure proper handling, please reference the RIN number in the subject line on your electronic correspondence. Alternatively, comments may be submitted electronically at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

Duyen Tran Ritchie, Office of Chief Procurement Officer, (202) 693-7277 [Note: This is not a toll-free telephone number]; or by email at [email protected]

SUPPLEMENTARY INFORMATION:

I. Background

On November 26, 2003, at 68 FR 66534, DOL adopted the government-wide nonprocurement debarment and suspension common rule, which recast the nonprocurement debarment and suspension regulations in plain English and made other required updates.

Thereafter, on May 11, 2004, at 69 FR 26276, OMB established Title 2 of the CFR as the new central location for OMB guidance and agency implementing regulations concerning grants and agreements. This approach benefits the public by making it easier for the affected public to identify an agency's additions and clarifications to the Government-wide policies and procedures. In that action, OMB announced its intention to replace the common rules with OMB guidance that agencies could adopt. OMB began that process by proposing on August 31, 2005, at 70 FR 51863, an interim final guidance on non-procurement debarment and suspension. That guidance requires each agency to issue a brief rule that: (1) Adopts the guidance, giving it regulatory effect for that agency's activities; and (2) states any agency-specific additions or clarifications to the government-wide policies and procedures. The notice stated that the substantive content of the guidance was intended to conform with the substance of the Federal agencies' most recent update in 2003 to the common rule. The guidance was finalized on November 15, 2006, at 71 FR 66431. The proposed regulatory actions will bring the Department into compliance with OMB's 2006 guidance.

II. The Current Regulatory Actions

Pursuant to requirements in OMB's guidance, DOL is taking three actions. First, DOL is adding a new part to its existing Chapter XXIX under Title 2 of the CFR Subtitle B, which is a brief adoption of the OMB guidance and states DOL-specific additions and clarifications. Second, DOL is removing 29 CFR part 98, the part containing the common rule on nonprocurement debarment and suspension that the OMB guidance supersedes. Third, DOL is making technical corrections to provisions within 29 CFR 95 to replace references to the earlier common rule.

III. Public Participation

Taken together, these regulatory actions are solely an administrative simplification and are not intended to make any substantive change in policies or procedures. In soliciting comments on these actions, we therefore are not seeking to revisit substantive issues that were resolved during the development of the final common rule in 2003. We are inviting comments specifically on any unintended changes in substantive content that the new part in 2 CFR would make relative to the common rule at 29 CFR part 98.

Please submit comments by only one method. Receipt of comments will not be acknowledged; however, the Department will post all comments received on http://www.regulations.gov without making any change to the comments, including any personal information provided. The http://www.regulations.gov Web site is the Federal e-rulemaking portal, and all comments posted there are available and accessible to the public.

The Department cautions commenters not to include personal information, such as Social Security Numbers, personal addresses, telephone numbers and email addresses, in comments, as such submitted information will become viewable by the public via http://www.regulations.gov. It is the responsibility of the commenter to safeguard personal information. Comments submitted through http://www.regulations.gov will not include the commenter's email address unless the commenter chooses to include that information as a part of a comment.

IV. Regulatory Review A. Administrative Procedure Act

Under the Administrative Procedure Act (5 U.S.C. 553), agencies generally propose a regulation and offer interested parties the opportunity to comment before it becomes effective. However, as described in the “Background” section of this preamble, the policies and procedures in this regulation have been proposed for comment two times—one time by Federal agencies as a common rule in 2003 and a second time by OMB as guidance in 2006—and adopted each time after resolution of the comments received.

This direct final rule is solely an administrative simplification that would make no substantive change in DOL's policy or procedures for debarment and suspension. We therefore believe that the rule is noncontroversial and do not expect to receive adverse comments, although we are inviting comments on any unintended substantive change this rule makes.

Accordingly, we find that the solicitation of public comments on this direct final rule is unnecessary and that “good cause” exists under 5 U.S.C. 553(b)(B) and 553(d) to make this rule effective immediately without further action. However, we are affording the public an opportunity to comment, in the unlikely scenario where unintended consequences are identified. If an adverse comment is received, then the rule will be revoked so that such comments can be considered fully.

B. Executive Order 12866

OMB has determined this rule to be not significant for purposes of E.O. 12866.

C. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))

This proposed regulatory action will not have a significant adverse impact on a substantial number of small entities.

D. Unfunded Mandates Act of 1995 (Sec. 202 Pub. L. 104-4)

This proposed regulatory action does not contain a Federal mandate that will result in the expenditure by State, local, and tribal governments, in aggregate, or by the private sector of $100 million or more in any one year.

E. Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35)

This regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act.

F. Federalism (Executive Order 13132)

This proposed regulatory action does not have Federalism implications, as set forth in Executive Order 13132. 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.

G. Impact on Indian Tribes (Executive Order 13175)

This proposed regulatory action does not have tribal implications under Executive Order 13175 that would require a tribal summary impact statement. The proposed rule would not have substantial direct effects 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.

H. Interference With Protected Property Rights (Executive Order 12630)

The proposed regulatory action is not subject to Executive Order 12630 because it does not involve implementation of a policy that has takings implications or that could impose limitations on private property use.

List of Subjects 2 CFR Part 2998

Administrative practice and procedure, Debarment and suspension, Government procurement, Grant programs; Grants administration, Reporting and recordkeeping requirements.

29 CFR Part 95

Foreign governments, Grants and agreements with institutions of higher education, hospitals, and other non-profit organizations, and with commercial organizations, Organizations under the jurisdiction of foreign governments, and International organizations.

29 CFR Part 98

Governmentwide debarment and suspension (nonprocurement).

Dated: April 22, 2016. T. Michael Kerr, Assistant Secretary for Administration and Management.

Accordingly, for the reasons set forth in the preamble, and under the authority of 5 U.S.C. 301; E.O. 12549 (3 CFR, 1986 Comp. p.189); E.O. 12689 (3 CFR, 1989 Comp. p.235); sec 2455 Public Law 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note), the United States Department of Labor amends the Code of Federal Regulations, Title 2, Subtitle B, and Parts 95 and 98 of Subtitle B of Title 29, as follows:

Title 2—Grants and Agreements CHAPTER XXIX—DEPARTMENT OF LABOR 1. Add part 2998 to chapter XXIX of subtitle B to read as follows: PART 2998—NONPROCUREMENT DEBARMENT AND SUSPENSION Sec. 2998.10 What does this part do? 2998.20 Does this part apply to me? 2998.30 What policies and procedures must I follow? Subpart A—General 2998.137 Who in the DOL may grant an exception to let an excluded person participate in a covered transaction? Subpart B—Covered Transactions 2998.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Subpart C—Responsibilities of Participants Regarding Transactions 2998.332 What requirements must I pass down to persons at lower tiers with whom I intend to do business? Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions 2998.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? Subparts E Through J—[Reserved] Authority:

5 U.S.C. 301; E.O. 12549 (3 CFR, 1986 Comp., p.189); E.O. 12689 (3 CFR, 1989 Comp., p.235); sec 2455 Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note).

§ 2998.10 What does this part do?

This part adopts the Office of Management and Budget (OMB) guidance in subparts A through I of 2 CFR part 180, as supplemented by this part, as the Department of Labor (DOL) policies and procedures for non-procurement debarment and suspension. It thereby gives regulatory effect for DOL to the OMB guidance as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR 1986 Comp., p. 189); Executive Order 12689, “Debarment and Suspension” (3 CFR 1989 Comp., p. 235); and section 2455 of the Federal Acquisition Streamlining Act of 1994, 103 (31 U.S.C. 6101 note).

§ 2998.20 Does this part apply to me?

This part and, through this part, pertinent portions of the OMB guidance in subparts A through I of 2 CFR part 180 (see table at 2 CFR 180.100(b)) apply to you if you are a—

(a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “non-procurement transaction” at 2 CFR 180.970);

(b) Respondent in a Department of Labor suspension or debarment action;

(c) Department of Labor debarment or suspension official; or

(d) Department of Labor grants officer, agreements officer, or other official authorized to enter into any type of non-procurement transaction that is a covered transaction.

§ 2998.30 What policies and procedures must I follow?

(a) The Department of Labor's policies and procedures that you must follow are specified in:

(1) Each applicable section of the OMB guidance in subparts A through I of 2 CFR part 180; and

(2) The supplement to each section of the OMB guidance that is found in this part under the same section number. (The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) as supplemented by section 220 in this part (i.e., Sec. 2998.220)).

(b) For any section of OMB guidance in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, the Department of Labor's policies and procedures are those in the OMB guidance.

Subpart A—General
§ 9808.137 Who in DOL may grant an exception to let an excluded person participate in a covered transaction?

Within the Department of Labor, the Secretary of Labor or designee has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance at 2 CFR 180.135. If any designated official grants an exception, the exception must be in writing and state the reason(s) for deviating from the government-wide policy in Executive Order 12549.

Subpart B—Covered Transactions
§ 2998.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?

In addition to the contracts covered under 2 CFR 180.220(b) of the OMB guidance, this part applies to any contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the contract is to be funded or provided by the Department of Labor under a covered non-procurement transaction. This extends the coverage of the Department of Labor non-procurement suspension and debarment requirements to all lower tiers of subcontracts under covered non-procurement transactions, as permitted under the OMB guidance at 2 CFR 180.220(c) (see optional lower tier coverage in the figure in the appendix to 2 CFR part 180).

Subpart C—Responsibilities of Participants Regarding Transactions
§ 2998.332 What requirements must I pass down to persons at lower tiers with whom I intend to do business?

You, as a participant, must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.

Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions
§ 2998.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435?

To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, you must include a term or condition in the transaction that requires the participant's compliance with Subpart C of 2 CFR part 180, and supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.

Subparts E Through J—[Reserved] Title 29—Labor PART 95—[AMENDED] 2. The authority citation for part 95 continues to read as follows: Authority:

5 U.S.C. 301; OMB Circular A-110, as amended, as codified at 2 CFR part 215.

§ 95.2 [Amended]
3. Section 95.2 is amended in paragraph (mm) by revising the first citation “29 CFR part 98” to read “2 CFR part 2998” and revising the second citation “29 CFR part 98, subpart D” to read “29 CFR part 98”.
§ 95.13 [Amended]
4. Section 95.13 is amended by revising the citation “29 CFR part 98” to read “2 CFR part 2998”.
§ 95.44 [Amended]
5. Section 95.44 is amended in paragraph (d) by revising the citation “29 CFR part 98” to read “2 CFR part 2998”.
§ 95.62 [Amended]
6. Section 95.62 is amended in paragraph (d) by revising the citation “29 CFR part 98” to read “2 CFR part 2998”.
Appendix A to Part 95 [Amended] 7. Appendix A to part 95 is amended in paragraph 7 by revising the citation “29 CFR part 98” to read “2 CFR part 2998”. PART 98—[REMOVED] 8. Remove part 98.
[FR Doc. 2016-10015 Filed 4-28-16; 8:45 am] BILLING CODE 4510-7B-M
DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1436 RIN 0560-AI35 Farm Storage Facility Loan (FSFL) Program; Portable Storage Facilities and Reduced Down Payment for FSFL Microloans AGENCY:

Commodity Credit Corporation and Farm Service Agency, USDA.

ACTION:

Final rule.

SUMMARY:

The Farm Service Agency (FSA) administers the FSFL Program on behalf of the Commodity Credit Corporation (CCC). This rule amends the FSFL Program regulations to add eligibility for portable storage structures, portable equipment, and storage and handling trucks, and to reduce the down payment and documentation requirements for a new “microloan” category of FSFLs up to $50,000. These changes are intended to address the needs of smaller farms and specialty crop producers. This rule also includes technical and clarifying changes that are consistent with how the FSFL Program is already implemented, including specifying commodities that are already eligible for FSFLs but are not currently listed in the regulations, and changing the required life span of the storage facility from a minimum of 15 years to a minimum of the FSFL term, plus any extensions.

DATES:

Effective: April 29, 2016.

FOR FURTHER INFORMATION CONTACT:

Toni Williams; phone (202) 720-2270. Persons with disabilities who require alternative means of communication should contact the USDA Target Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION:

Background on the FSFL Program

The FSFL Program is a CCC program administered by FSA. As specified in the CCC Charter Act (15 U.S.C. 714b), the goal of the FSFL Program is to increase producer-owned storage capacity to alleviate national, regional, and local shortages in the storage of eligible commodities. FSFLs are available in amounts up to $500,000 for terms not to exceed 12 years.

The FSFL Program provides low-cost financing for producers to build or upgrade on-farm storage and handling facilities. FSFLs can be used for items such as drying and cooling equipment, safety equipment, and new concrete foundations, as well as for storage buildings and grain bins. The FSFL Program benefits producers who lack local commercial storage options or have limited marketing options for their commodities at harvest time. This rule does not change the basic administrative structure and nature of the FSFL Program.

Having on-farm storage helps producers to sell their crop at a time when the market is favorable for them, rather than being forced to sell immediately after harvest or pay for commercial storage. Producers can use on-farm storage to store livestock feed grown on-farm, rather than buying feed. On-farm storage allows producers to better serve their customers that buy commodities throughout the year. FSFLs are for storage and handling facilities and equipment only; FSFLs are not made for crop production equipment. For example, cold storage facilities to store aquaculture products are eligible for FSFLs, but not tanks in which to raise live aquaculture species.

Eligible commodities for which an FSFL is available include:

• Aquaculture;

• Floriculture;

• Fruits (including nuts) and vegetables;

• Harvested as whole grain: Corn, grain sorghum, rice, soybeans, oats, wheat, sugar, peanuts, barley, and minor oilseeds;

• Harvested as other-than-whole grain: Corn, grain sorghum, wheat, oats, and barley;

• Hay;

• Honey;

• Hops;

• Maple sap;

• Meat and poultry;

• Milk;

• Other grains (triticale, spelt, and buckwheat);

• Pulse crops (lentils, chickpeas, and dry peas);

• Renewable biomass;

• Rye;

• Eggs; and

• Cheese, butter and yogurt.

As part of the application process, FSFL borrowers must demonstrate a satisfactory credit history and an ability to repay the debt. All FSFLs are secured by the facility or equipment for which the FSFL is made. Each FSFL must be secured by a promissory note and security agreement. FSFLs greater than $100,000 require additional security, which typically is a lien on the real estate parcel on which the structure is located or another form of security acceptable to USDA, such as a deed of trust or irrevocable letter of credit. As part of the application process, borrowers must demonstrate their need for storage capacity based on their historical production of eligible commodities.

Intended Impact of This Rule

As part of an ongoing effort to improve the effectiveness of our programs, FSA evaluated the needs of smaller farms and identified potential barriers to their eligibility for FSFLs. Smaller farms and specialty crop producers typically have limited commercial financing options to purchase or upgrade storage and handling facilities that would allow them to expand their business, and with limited capital resererves, may struggle to meet the down payment requirements for FSFLs. Beginning farmers sometimes do not have the production history to demonstrate the need for additional storage capacity. Specialty crop producers have a need for portable equipment such as storage trucks to store and deliver fresh commodities to farmers markets, and need financing to own rather than rent that equipment.

The changes in the rule are primarily intended to help smaller farms and specialty crop producers who have not previously participated in the FSFL Program. Traditional grain producers and large farm operations who have historically been the key customers for the FSFL Program may also benefit if they have a need for portable equipment and portable storage such as portable grain handling equipment and scales, which were not previously eligible for FSFL.

Reduced Down Payment and Documentation Requirements for FSFL Microloans

This rule defines “FSFL microloan” as a new category of the FSFL program. An FSFL microloan is a loan for which the producer's total outstanding balance for all of their outstanding FSFLs is less than or equal to $50,000 at the time of loan application and disbursement. This rule defines the down payment and documentation requirements for an FSFL microloan. Some of the requirements for the FSFL microloan category are different from the existing requirements that will continue to apply to all loans greater than $50,000. Producers can have more than one FSFL outstanding at a time, so the definition is based on the “aggregate” or total outstanding balance to the borrower. For example, a new FSFL of $50,000 would be an FSFL microloan if the producer didn't have any other outstanding FSFLs. A producer with an outstanding balance of $20,000 on an existing FSFL could get an additional FSFL for $30,000 and that second FSFL would be considered an FSFL microloan. However, if the second FSFL was for $40,000, then it would not be considered an FSFL microloan because the aggregate total of the two FSFLs would be $60,000, which exceeds the $50,000 FSFL microloan aggregate outstanding balance threshold.

The $50,000 limit for FSFL microloans is consistent with the FSA Farm Loan Programs Microloan Program limit established as specified in section 5106 of the Agricultural Act of 2014 (Pub. L. 113-79, referred to as the 2014 Farm Bill), amending the Consolidated Farm and Rural Development Act of 1972 (Pub. L. 92-419) (7 U.S.C. 1943), to set the limit of $50,000 for the total microloan indebtedness outstanding at any one time to any single borrower.

This rule specifies a smaller down payment for FSFL microloans than for loans over $50,000 and also specifies different documentation requirements. The smaller down payment requirement for FSFL microloans is intended to help small farm operations, such as beginning farmers, niche and non-traditional farm operations. Currently, the FSFL minimum down payment requirement of the net cost of the storage facility is 15 percent, which may be a difficult requirement for small farms or new farm operations. The rule establishes the down payment requirement for an FSFL microloan at 5 percent of the net cost of the eligible storage facility (costs that may be included in the net cost are specified in § 1436.9(b)) for producers who have no more than $50,000 in total outstanding FSFL indebtedness when the FSFL microloan is made and disbursed. For example, on a $35,000 FSFL to purchase a bulk milk storage tank, the minimum down payment required under these new rules would now be $1,750 instead of $5,250.

For FSFL applications in the new microloan category, this rule also does not require that producers demonstrate storage needs based on 3 years of production history. Instead, the producer applying for an FSFL microloan will have the option to self-certify the farm's storage needs at the time of application, and will not be required to file acreage reporting on an FSA-578 to qualify for an FSFL microloan. (Many producers will need to continue to file an FSA-578 to establish eligibility for other FSA programs.) This distinction for FSFL microloans as compared to regular FSFLs allows applicants for FSFL microloans to self-certify their commodity storage and handling needs. The change is intended to assist smaller start-up farm operations, which may not be able to meet the existing 3-year production requirement. The self-certified information will be used by FSA county- and State-level personnel to determine FSFL eligibility and feasibility. The requirement to document 3 years of production history to justify storage needs will remain for non-microloan FSFLs to borrowers with an aggregate outstanding FSFL indebtedness above $50,000. FSFL microloans will be for a term of 3, 5 or 7 years, with the loan term selected by the producer at the time of application. The loan term for used equipment will be 3 or 5 years.

Portable Storage and Handling Equipment, and Storage and Handling Trucks

This rule expands the FSFL program to include new and used portable storage and handling equipment and storage and handling trucks. Portable or used storage and handling equipment have not previously been eligible for an FSFL. This rule adds definitions for “portable storage and handling equipment” and “storage and handling trucks.” This rule revises the definition of “collateral” to include these new types of equipment. Approval requirements for portable storage and handling equipment and those requirements for storage and handling trucks will be specified in the FSA Handbook.

In § 1436.6, “Eligible storage and handling equipment,” this rule adds new provisions for new and used portable storage and handling equipment. Portable storage and handling equipment includes components such as, but not limited to: Conveyors, augers, vacuums, pilers, scales, batch dryers, storage containers, and other necessary equipment used to handle and maintain eligible commodities being stored. The new provisions ensure efficient operation of the storage and handling of eligible commodities and provides affordable financing so producers can obtain the necessary equipment. For example, if the producer's eligible commodities are fruits and vegetables that sell in farmers markets, the producer will be able to use the FSFL to purchase equipment to weigh vegetables, forklifts to handle the fruits and vegetables, and portable storage containers to store fruits and vegetables for short or extended periods of time. Eligible portable storage facilities include manufactured storage containers that may be used when transported, hitched, or mounted on a trailer or truck for the purpose of storing and handling eligible commodities. All storage and handling trucks must be registered with the applicable State Motor Vehicle Administration (MVA) and all State and local MVA laws, insurance, and title provisions must be adhered to before loan disbursement. The minimum requirement for insurance will require that the producer must obtain insurance equal to the value of the security at the time of loan closing and maintain that insurance for the term of the loan. The insurance obtained by the applicant should be the standard insurance policy for the locality in which the property is located and CCC will be listed as loss payee.

Portable handling equipment for eligible storage commodities will allow a producer to use equipment for more than one storage facility located on the farm. Portable handling equipment includes, but is not limited to, hydraulic self-propelled fork lifts, wheel loaders, grippers, skid steers, front-end loader attachments, or 3-point hitch lifts. Portable handling equipment for eligible storage commodities is often less expensive than affixed equipment, which is especially beneficial to smaller farm operations that may have lower gross incomes available to repay FSFLs.

FSA will add certain details and examples in program related handbooks, that will further explain requirements for types of eligible portable equipment that are being added by this rule. The promise to pay and security requirements for FSFL microloans and other types of FSFL will be outlined in the Promissory Note and Security Agreement, which FSA will provide to the borrower before loan closing. Requirements for how and where to apply for a loan are not changing, and are specified in § 1436.4, “Application for Loans.” Additionally, in order to protect FSA's security interest, throughout the loan term, the Promissory Note and Security Agreement will specify that FSA must have access, which is consistent with the requirement in § 1436.15(e), to the portable collateral to ensure the equipment is being used for its intended purpose and required compliance inspections.

The specific procedures for portable collateral liens, which are applicable to State and local laws for perfecting liens, and allowing FSA physical access to inspect portable collateral to ensure the collateral is being used for its intended purpose will be specified in FSA program related handbooks and in the Promissory Note and Security Agreement. For example, CCC seals with identifiable numbers may be placed on the FSFL portable collateral and storage and handling trucks, and a CCC lien will be recorded at the State or county courthouse for the collateral and with the State MVA for storage and handling trucks, according to State and local laws. This is consistent with current FSFL practice for liens on other types of storage facilities and equipment when the FSFL is $100,000 or less: There is a lien on the collateral (the building or equipment), but no additional security required. Most FSFLs for portable equipment and storage and handling trucks, in general, are expected to be under $100,000, have a maximum of four axles, and have a gross vehicle weight rating of 60,000 lbs. or less.

New and used portable equipment determined to be eligible for an FSFL by the FSA Deputy Administrator for Farm Programs include, but are not limited to, bulk tanks, conveyors, augers, scales, vacuums, pilers, scales, batch dryers, and storage containers. The FSFL request for portable storage and handling equipment will be processed using the existing FSFL process; FSA county office reviewers will review FSFL applications to determine the producer's on-farm production and storage and handling needs for eligible commodities. Loans associated with portable storage and handling equipment and storage and handling trucks may be applied for under an FSFL microloan or regular FSFL request. However, loans for defined used storage and handling equipment or trucks may not have a loan term greater than 5 years.

FSFL Terms and Extensions

This rule provides flexibility to the FSA Deputy Administrator for Farm Programs to establish new loan terms, for commodities other than sugar, not to exceed 12 years based on the FSFL principal and request type. With the addition of FSFLs for portable storage and handling equipment and trucks, new or used, and the new provisions for FSFL microloans, we anticipate that the FSFL Program will make a greater number of FSFLs with smaller loan amounts than in the past. Shorter loan terms of 3 or 5 years for example, may be more appropriate for these smaller FSFLs and more specifically, for used portable storage and handling equipment and trucks; in the past, producers have requested a shorter loan term, but that option had not previously been available. For example, producers have asked FSA for shorter loan terms on FSFLs with larger loan amounts so that their real estate collateral does not have a lien for many years.

Prior to this rule, the regulations have specified that no extensions of the loan term (refinancing to extend the maturity date) are possible, and that the FSFL must be repaid in full at the end of the loan term. In order to permit consideration of external factors that may warrant discretion to extend the loan term, this rule allows extensions when, at the discretion of the Deputy Administrator, unforeseen weather events, unexpected changes to a farming operation (such as unexpected or unplanned departure of a member or partner), unexpected low commodity prices, or other matters, as determined appropriate by the Deputy Administrator, adversely impact the borrower's ability to repay the FSFL by the end of the loan's term. The borrower agrees to the loan term (maturity date of the loan) through the Promissory Note at the time of loan distribution. Borrowers who have already agreed to a loan's term have no right to an extension or even the consideration of a request for extension; however, the regulation will permit the Deputy Administrator to exercise discretion to consider a request to extend a loan's term. This will allow FSA to better manage potentially delinquent debt in the portfolio. It is expected that extensions would be for 1 or 2 years, to be decided on a case by case basis.

Although the rule will now allow the Deputy Administrator the discretion to consider extension requests, if the Deputy Administrator chooses not to consider the extension request, then there are no appeal rights because the borrower is not entitled to an extension at any time. However, if the Deputy Administration does consider an extension request and makes a decision to deny the extension or grant a shorter than requested extension, then the borrower may appeal that determination.

Miscellaneous and Clarifying Changes

In addition to the substantive provisions discussed above, this rule makes a number of clarifying and housekeeping changes to make the rules clear and consistent with how the FSFL Program is currently implemented.

This rule adds a definition for “facility” to specify that a facility includes any on-farm storage and handling facility or structure, storage and handling equipment, or storage and handling truck.

This rule adds a definition for “off farm paid labor.” This definition is needed to clarify that paying workers who are not regular or seasonal employees, but are only hired to construct or install the storage facility, is an eligible FSFL expense.

This rule specifies the full list of currently eligible commodities in the definition of “facility loan commodity.” The CCC Charter Act, in 15 U.S.C. 714b, authorizes CCC to make FSFLs to grain producers needing grain storage facilities in areas where the Secretary determines a deficiency of such storage exists. The Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246, referred to as the 2008 Farm Bill) provides discretionary authority to the Secretary to add additional storable commodities to the list of eligible crops for the FSFL Program. FSA's intent for adding new FSFL commodities is to provide increased access to capital to smaller and specialty producers to purchase and erect storage, drying, and handling facilities for their commodities.

FSA has used this authority, as delegated by the Secretary, to add eligible commodities through notices to the field and handbook changes.

This rule therefore changes the definition of “facility loan commodity” to add the discretionary additional commodities that are already eligible for FSFLs, but are not listed in the regulations. These commodities include specialty grains (triticale, spelt, and buckwheat), floriculture (flowers and ornamental plants), honey, maple sap, hops, rye, milk, cheese, butter, yogurt, meat, poultry, eggs, and aquaculture. A conforming change is made in § 1436.2, “Administration,” to include the additional eligible commodities. In multiple sections, specific references to fruits, vegetables, and grains are removed, since many other types of commodities are eligible for the FSFL Program.

This rule amends the regulations in § 1436.9, “Loan Amount and Loan Application Approvals,” to change the expiration of the 4 month FSFL approval period to 6 months, which was already implemented administratively. As part of the FSFL application process, the county committee determination form is provided to the applicant as part of the application package; on that form, it specifies the 6 month expiration date of the approval and specifies that loan funds will not be disbursed, except for any partial loan disbursement as allowed under the regulation, until the structure has been constructed, assembled, or installed and inspected. As indicated in the county committee determination form and this rule, as amended, 6 months is the timeframe, from approval to expiration, during which the facility must be completely and fully delivered, erected, constructed, assembled, or installed and a CCC representative has inspected and approved the facility. As specified in § 1436.9(a), the cost on which the FSFL is based is the net cost of the eligible facility, accessories, and services; those costs are not known until the FSFL construction or acquisition project is completed. Changing the expiration of the approval period to 6 months helps producers who have difficulty completing their FSFL project in 4 months. For various reasons, such as weather conditions, equipment delivery, or construction scheduling, FSA determined it usually takes more than 4 months for an FSFL construction project to be completed or equipment to be installed. Over a 2-year period, FSA piloted an FSFL approval change from 4 months to 6 months and confirmed the change was beneficial to producers and FSA staff. FSFL producers may also request an additional FSFL approval extension beyond 6 months, if it is determined necessary for the producer to complete the FSFL construction project. For example, if the FSFL request was approved on January 4 and was recorded as having an FSFL loan approval expiration date of July 4, then the producer would need to finish the FSFL project and have receipts from all the suppliers by July 4th. However, the producer may request an additional 6 months for a loan approval extension in June, before the loan approval window expires. After approval by the State or County Office Committee, the loan approval period in this example would be extended to January 4 of the following year.

Current FSFL provisions require that the storage facility or equipment must have a useful life of at least 15 years. That may not be a realistic requirement for portable equipment, so this rule changes the requirement for all FSFL storage and handling equipment, trucks and structures to have a useful life of at least the term of the loan and any authorized loan term extensions.

This rule revises the provisions in § 1436.1, “Applicability,” to specify that unless otherwise specified in the regulation all of the provisions of 7 CFR part 1436 apply to FSFL microloans. This rule also revises the provisions in § 1436.4, “Application for Loans,” to specify where the FSFL application must be submitted.

Availability of FSFL for Aquaculture

Aquaculture is one of the eligible commodities added to the definition of “facility loan commodity.” Aquaculture species, for FSFL purposes, are defined as any species of aquatic organism grown as food for human consumption, or fish raised as feed for fish that are consumed by humans. Aquaculture species are perishable commodities and their quality can only be maintained for a limited period of time. The FSFL program provides cold storage facilities which may extend this period of time. The aquaculture storage capacity will be determined based on production for 1 year. All applicable State laws must be followed by the producer for storing aquaculture in the FSFL storage facility.

Pending a completed Environmental Assessment (EA), consistent with the National Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347), and the Clean Water Act, FSA will consider whether the FSFL program could authorize holding or storage structures that will have uptake or discharge water that comes from natural sources, tributaries, coastal and ocean waters, or perennial waterways. FSA is currently making preparations to have the Environmental Assessment (EA) completed. Once the EA is completed, the findings will be posted on the FSA Web site at https://www.fsa.usda.gov/programs-and-services/environmental-cultural-resource/nepa/current-nepa-documents/index. A notice of the EA availability will be published in the Federal Register. Any substantive change to FSFL policy for aquaculture FSFL as a result of the EA will made through future rulemaking.

Flexibility in Implementation

This rule provides flexibility for the FSA Deputy Administrator, Farm Programs, or a State Committee to rescind authorization for self-certification of storage needs for FSFL microloans or provisions authorizing eligibility of portable collateral, such as storage and handling equipment and storage and handling trucks when it is determined such actions are having an adverse effect on the financial integrity of the FSFL Program. For example, if the FSFL default rate rises for smaller FSFLs or storage and handling equipment and trucks, specifically, portable facility FSFLs, FSA would have the ability to remove or implement additional administrative provisions, such as requiring additional security at a determined threshold, but not less than $50,000, to protect CCC's financial interest at the State or the national level. The authority can only be exercised at the State or national level; it cannot be used to disapprove or to add documentation requirements for individual FSFLs.

Notice and Comment

In general, the Administrative Procedure Act (5 U.S.C. 553) requires that a notice of proposed rulemaking be published in the Federal Register and interested persons be given an opportunity to participate in the rulemaking through submission of written data, views, or arguments with or without opportunity for oral presentation, except when the rule involves a matter relating to public property, loans, grants, benefits, or contracts. This rule involves loans, in addition, the regulations for this program are exempt from the notice and comment provisions of 5 U.S.C. 553 and the Paperwork Reduction Act (44 U.S.C. chapter 35), as specified in section 1601(c) of the 2008 Farm Bill, which allows that the regulations be promulgated and administered without regard to the notice and comment requirements in 5 U.S.C. 553.

Effective Date

The Administrative Procedure Act (5 U.S.C. 553) provides generally that before rules are issued by Government agencies, the rule must be published in the Federal Register, and the required publication of a substantive rule is to be not less than 30 days before its effective date. However, noted above, one of the exceptions is that section 553 does not apply to rulemaking that involves a matter relating to loans. Therefore, because this rule relates to loans, the 30 day effective period requirement in section 553 does not apply. This final rule is effective when published in the Federal Register. This will allow us to provide greater access to capital for small farms as soon as possible before the 2016 planting or harvesting season.

Executive Order 12866 and 13563

Executive Order 12866, “Regulatory Planning and Review,” and Executive Order 13563, “Improving Regulation and Regulatory Review,” 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). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility.

The Office of Management and Budget (OMB) designated this final rule as not significant under Executive Order 12866 and, therefore, OMB did not review this final rule.

Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to the notice and comment rulemaking requirements under the Administrative Procedure Act (5 U.S.C. 553) 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. This rule is not subject to the Regulatory Flexibility Act because CCC is not required by any law to publish a proposed rule for public comments for this rulemaking.

Environmental Review

The environmental impacts of this rule have been considered in a manner consistent with the provisions of NEPA, the regulations of the Council on Environmental Quality (40 CFR parts 1500-1508), and the FSA regulations for compliance with NEPA (7 CFR 799). Previous changes to the FSFL Program were analyzed and evaluated in a Programmatic Environmental Assessment and subsequent Finding of No Significant Impact (74 FR 71674) after the 2008 Farm Bill. FSA has determined that the provisions defined herein will not have a significant impact on the quality of the human environment either individually or cumulatively. Therefore, no Environmental Assessment or Environmental Impact Statement will be prepared for these regulatory changes. To consider additional FSFL provisions for aquaculture beyond those included in this rule, an Environmental Assessment is being prepared to determine if any significant adverse impacts would be anticipated.

Executive Order 12372

Executive Order 12372, “Intergovernmental Review of Federal Programs,” requires consultation with State and local officials that would be directly affected by proposed Federal financial assistance. The objectives of the Executive Order are to foster an intergovernmental partnership and a strengthened Federalism, by relying on State and local processes for State and local government coordination and review of proposed Federal Financial assistance and direct Federal development. For reasons specified in the final rule related notice to 7 CFR part 3015, subpart V (48 FR 29115, June 24, 1983), the programs and activities within this rule are excluded from the scope of Executive Order 12372.

Executive Order 12988

This rule has been reviewed in accordance with Executive Order 12988, “Civil Justice Reform.” This rule will not preempt State or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. This rule will not have retroactive effect. Before any judicial action may be brought regarding the provisions of this rule, the administrative appeal provisions of 7 CFR parts 11 and 780 are to be exhausted.

Executive Order 13132

This rule has been reviewed under Executive Order 13132, “Federalism.” The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, except as required by law. Nor will this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required.

Executive Order 13175

This rule has been reviewed in accordance with the requirements of Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” Executive Order 13175 requires Federal agencies to consult and coordinate with tribes on a government-to-government basis on policies that have tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects 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.

FSA has assessed the impact of this rule on Indian tribes and determined that this rule does not, to our knowledge, have tribal implications that require tribal consultation under Executive Order 13175. If a Tribe requests consultation, FSA will work with the USDA Office of Tribal Relations to ensure meaningful consultation is provided.

Unfunded Mandates

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 104-4) requires Federal agencies to assess the effects of their regulatory actions on State, local, and Tribal governments or the private sector. Agencies generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with Federal mandates that may result in expenditures of $100 million or more in any 1 year for State, local, or Tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more cost effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates, as defined in Title II of UMRA, for State, local, or tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 the UMRA.

SBREFA Congressional Review

This rule is not a major rule under SBREFA (Pub. L. 104-121). Therefore, there is no requirement to delay the effective date for 60 days from the date of publication to allow for Congressional review. This rule is effective on the date of publication in the Federal Register.

Federal Assistance Programs

The title and number of the Federal Domestic Assistance Program in the Catalog of Federal Domestic Assistance to which this rule applies is the Farm Storage Facility Loans—10.056.

Paperwork Reduction Act

The regulations in this rule are exempt from requirements of the Paperwork Reduction Act (44 U.S.C. Chapter 35), as specified in section 1601(c)(2) of the 2008 Farm Bill, which provides that the regulations for the programs in Title I of the 2008 Farm Bill be promulgated and administered without regard to the Paperwork Reduction Act.

E-Government Act Compliance

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

List of Subjects in 7 CFR Part 1436

Administrative practice and procedure, Loan programs-agriculture, Penalties, Price support programs, Reporting and recordkeeping requirements.

For the reasons discussed above, CCC amends 7 CFR part 1436 as follows:

PART 1436—FARM STORAGE FACILITY LOAN PROGRAM REGULATIONS 1. The authority for part 1436 continues to read as follows: Authority:

7 U.S.C. 7971 and 8789; and 15 U.S.C. 714-714p.

2. In § 1436.1, designate the text as paragraph (a) and add paragraph (b) to read as follows:
§ 1436.1 Applicability.

(b) Unless specified otherwise in this part, for FSFL microloans, all provisions of this part apply.

3. In § 1436.2, revise paragraph (g) to read as follows:
§ 1436.2 Administration.

(g) The purpose of the Farm Storage Facility Loan Program is to provide CCC funded loans for producers of grains, oilseeds, pulse crops, sugar, hay, renewable biomass, fruits and vegetables (including nuts), aquaculture, butter, cheese, eggs, floriculture, honey, hops, maple sap, meat, milk, poultry, rye, yogurt, and other grains and storable commodities, as determined by the Secretary, to construct or upgrade storage and handling facilities for the eligible facility loan commodities they produce.

4. Amend § 1436.3 as follows: a. Add in alphabetical order definitions for “Aquaculture,” “ARS,” and “CCC;” b. Revise the definition of “Collateral;” c. In the definition of “Commercial facility,” remove the words “means any structure” and add the words “means any facility” in their place; d. Add in alphabetical order definitions for “Deputy Administrator” and “Facility;” e. Revise the definition of “Facility loan commodity;” and f. Add in alphabetical order definitions for, “FSA”, “FSFL”, “FSFL microloan”, “NAP”, “NEPA”, “NIFA”, “Off-farm paid labor”, “OSHA”, “Portable equipment and storage structures”, “Storage and handling truck”, and “USDA.”

The additions and revisions read as follows:

§ 1436.3 Definitions.

Aquaculture, for FSFL purposes, means any species of aquatic organism grown as food for human consumption, or fish raised as feed for fish that are consumed by humans.

ARS means the Agricultural Research Service of the USDA.

CCC means the Commodity Credit Corporation.

Collateral means the facility and any real estate used to secure the loan.

Deputy Administrator means the Deputy Administrator for Farm Programs, Farm Service Agency, including any designee.

ERS means the Economic Research Service, which is an agency of U.S. Department of Agriculture that is a primary source of economic information and research in the U. S. Department of Agriculture.

Facility means any on-farm storage and handling facility or structure, storage and handling equipment, or storage and handling truck, for which a producer may receive FSFL financing to acquire or upgrade. Such facilities can be new or used, fixed or portable.

Facility loan commodity means corn, grain sorghum, oats, wheat, barley, rice, raw or refined sugar, soybeans, sunflower seed, canola, rapeseed, safflower, flaxseed, mustard seed, crambe, sesame seed, other grains and oilseeds as determined and announced by CCC, dry peas, lentils, or chickpeas harvested as whole grain, peanuts, hay, renewable biomass, fruits and vegetables (including nuts), aquaculture, floriculture, hops, milk, rye, maple sap, honey, meat, poultry, eggs, cheese, butter, yogurt, and other storable commodities as determined by the Secretary. Corn, grain sorghum, wheat, and barley are included whether harvested as whole grain or other than whole grain.

FSA means the Farm Service Agency of the USDA.

FSFL means Farm Storage Facility Loan.

FSFL microloan means a loan for which the producer's aggregate outstanding FSFL balance will be equal to or less than $50,000 at the time of loan application and disbursement.

NAP means the Noninsured Crop Disaster Assistance Program.

NASS means the National Agricultural Statistics Service, which is an agency of U.S. Department of Agriculture that is a primary source of statistical information in the U. S. Department of Agriculture.

NEPA means the National Environmental Policy Act.

NIFA means the National Institute of Food and Agriculture of the USDA.

Off-farm paid labor means any laborer that does not work for the applicant on a regular basis and who is not hired as a seasonal worker.

OSHA means the Occupational Safety and Health Administration of the U.S. Department of Labor.

Portable equipment and storage structures means non-affixed equipment and storage containers that are manufactured to be mounted, hitched, or transported with a farm vehicle, truck, or trailer and its primary function is to store or handle eligible facility loan commodities at different farm, market, or storage locations. Examples of portable equipment include, but are not limited to, bulk tanks, conveyors, augers, scales, vacuums, pilers, scales, batch dryers, and storage containers.

Storage and handling truck means a CCC-approved commodity storage truck or van designed to carry eligible commodities and may be equipped with a variety of mechanical refrigeration systems and will be used to store, handle, and move eligible commodities from the producer's farm location to market or storage.

Term of loan means the duration, in years, of a loan payable in a fixed number of equal installments as specified in section 1436.7. The terms for an FSFL are 3, 5, 7, 10, or 12 years.

USDA means the United States Department of Agriculture.

5. Amend § 1436.4 by revising paragraph (a) and adding paragraph (e) to read as follows:
§ 1436.4 Application for loans.

(a) An application for an FSFL must be submitted to the administrative FSA county office that maintains the records of the farm or farms to which the applicant applies. If some or all of the land does not have farm records established, the application may be submitted to the FSA county office that services the county where the FSFL financed equipment or facility will be primarily located.

(e) The application must include documentation of the need for storage, or for FSFL microloans self-certification, as specified in § 1436.9.

6. Amend § 1436.6 as follows: a. Revise paragraph (a); b. In paragraph (b) introductory text, remove the words “and fruits and vegetables”; c. Revise paragraph (b)(1); d. In paragraph (c) introductory text, remove the words “and fruits and vegetables”; e. Remove paragraphs (c)(1), (3), and (6); f. Redesignate paragraphs (c)(2), (4), and (5) as paragraphs (c)(1) through (3), respectively; g. In newly redesignated paragraph (c)(2), add the word “or” at the end; h. In newly redesignated paragraph (c)(3), remove “; and” and add a period in its place; i. Revise paragraphs (d) and (e); j. In paragraph (f)(1)(i), remove the words “New conventional-type” and add the words “Conventional-type” in their place; k. In paragraph (f)(1)(ii), remove the words “New flat-type” and add the words “Flat-type” in their place; l. In paragraph (f)(1)(iii), remove the words “New storage” and add the word “Storage” in their place; m. Remove paragraphs (f)(3)(i) and (iii); n. Redesignate paragraphs (f)(3)(ii), (iv), and (v) as paragraphs (f)(3)(i), (ii), and (iii), respectively; o. In newly redesignated paragraph (f)(3)(ii), add the word “or” at the end; p. In paragraph (g) introductory text, remove the words “fruit and vegetable”; q. In paragraph (g)(1), in the second sentence, remove the words “permanently installed”; r. Revise paragraphs (g)(2)(i) through (iv) and (g)(3) and (4); and s. Add paragraphs (h) and (i).

The revisions and additions read as follows:

§ 1436.6 Eligible storage and handling equipment.

(a) All eligible storage and handling facilities must be one of the following types:

(1) Conventional-type cribs or bins designed and engineered for whole grain storage and having a useful life of at least the entire term of the loan;

(2) Oxygen-limiting storage structures or remanufactured oxygen-limiting storage structures built to the original manufacturer's design specifications using original manufacturer's rebuild kits or kits from a supplier approved by the Deputy Administrator, Farm Programs, and other upright silo-type structures designed for whole grain storage or other than whole grain storage and with a useful life of at least the entire term of the loan;

(3) Flat-type storage structures including a permanent concrete floor, designed for and primarily used to store facility loan commodities for the term of the loan and having a useful life of at least the entire term of the loan;

(4) Structures that are bunker-type, horizontal, or open silo structures designed for whole grain storage or other than whole grain storage and having a useful life of at least the entire term of the loan;

(5) Structures suitable for storing hay that are built according to acceptable design guidelines from the National Institute of Food and Agriculture (NIFA) or land-grant universities and with a useful life of at least the entire term of the loan;

(6) Structures suitable for storing renewable biomass that are built according to acceptable industry guidelines and with a useful life of at least the entire term of the loan; or

(7) Bulk storage tanks, as approved by the Deputy Administrator, suitable for storing any eligible loan commodity, as determined appropriate by county committees and having a useful life of at least the entire term of the loan.

(b) * * *

(1) Drying and handling equipment, including perforated floors determined by the FSA approving committee to be needed and essential to the proper functioning of the storage system;

(d) Loans for all eligible facility loan commodities, except sugar, may be approved for financing additions to or modifications of an existing storage facility with an expected useful life of at least the entire term of the loan if the county committee determines there is a need for the capacity of the structure, but loans will not be approved solely for the replacement of worn out items such as motors, fans, or wiring.

(e) Loans for all eligible facility loan commodities, except sugar, may be approved for facilities provided the completed facility has a useful life of at least the entire term of the loan. The pre-owned facility must be purchased and moved to a new location. Eligible items for such a loan include costs such as bin rings or roof panels needed to make a purchased pre-owned structure useable, aeration systems, site preparation, construction off-farm paid labor cost, foundation material and off-farm paid labor. Ineligible items for such a loan include the cost of purchasing and moving the used structure.

(g) * * *

(2) * * *

(i) A cold storage facility of wood pole and post construction, steel, or concrete, that is suitable for storing cold storage commodities produced by the borrower and having a useful life of at least the entire term of the loan;

(ii) Walk-in prefabricated cold storage coolers that are suitable for storing the producer's cold storage commodities and having a useful life of at least the entire term of the loan;

(iii) Equipment necessary for a cold storage facility such as refrigeration units or system and circulation fans;

(iv) Equipment to maintain or monitor the quality of commodities stored in a cold storage facility;

(3) FSFLs may be approved for financing additions or modifications to an existing storage facility having an expected useful life of at least the entire term of the loan if CCC determines there is a need for the capacity of the cold storage facility.

(4) FSFLs will not be made for structures or equipment that are not suitable for facility loan commodities that require cold storage.

(h) Storage and handling trucks for facility loan commodities are authorized according to guidelines established by the Deputy Administrator. Storage and handling trucks may include, but are not limited to, cold storage reefer trucks, grain haulers, and may also include storage trucks with a chassis unit. The Deputy Administrator, Farm Programs, or a State Committee may rescind this provision on a Statewide basis if it is determined that allowing loans for storage and handling trucks has increased loan defaults and is not in the best interest of CCC.

(i) The loan collateral must be used for the purpose for which it was delivered, erected, constructed, assembled, or installed for the entire term of the loan.

7. Amend § 1436.7 by revising paragraphs (a) and (b) to read as follows:
§ 1436.7 Loan term.

(a) For eligible facility loan commodities other than sugar, the term of the loan will not exceed 12 years, based on the total loan principal and loan request type, from the date a promissory note and security agreement is completed on both the partial and final loan disbursement. As determined by the Deputy Administrator, used equipment FSFLs may have a loan term of 3 or 5 years. The applicant will choose a loan term, based on the loan request type at the time of submitting the loan application and total cost estimates. Available loan terms are 3, 5, 7, 10, or 12 years; available terms for a specific loan will be based on the loan principal and facility or equipment type.

(b) The Deputy Administrator has the discretion and authority to extend loan terms for 1 or 2 years, on a case by case basis. Loan term extensions will only be granted after a written request is received from the producer before loan term expires and when determined appropriate by Deputy Administrator to assist borrowers with additional loan servicing options. Producers and participants who have already agreed to the loan term (maturity date) have no right to an extension of the loan term. The borrower agrees to the loan term through the Promissory Note at the time of distribution. The Deputy Administrator's refusal to exercise discretion to consider an extension will not be considered an adverse decision or a failure to act under any law or regulation and, therefore, is not appealable. Participants are not entitled to extensions or the consideration of a request for extension.

8. Amend § 1436.8 as follows: a. In paragraph (a) introductory text, remove the words “farm storage”; b. In paragraph (a)(2), in the last sentence, remove the word “storage”; c. Add paragraph (a)(3); d. In paragraph (b) introductory text, in the first sentence, remove the word “storage”; e. Revise paragraph (b)(1); and f. In paragraph (c) introductory text, in the first sentence, remove the words “farm storage”.

The addition and revision read as follows:

§ 1436.8 Security for loan.

(a) * * *

(3) CCC will hold title in accordance to applicable State laws and motor vehicle administration title provisions, to all eligible equipment, structures, components and storage and handling trucks acquired using loan proceeds under this part.

(b) * * *

(1) Agree to increase the down payment on the facility loan from 15 percent to 20 percent, except for an FSFL microloan; or

9. Amend § 1436.9 as follows: a. Revise paragraph (b) introductory text; b. In paragraph (b)(1), remove “new” and add “recently required” in its place; c. Revise paragraph (c); d. In paragraph (d)(1) introductory text, remove “sugar and fruits and vegetables” and add “sugar, cold storage commodities, maple sap, and milk” in their place; e. In paragraph (d)(3) introductory text, remove “for fruits and vegetables”; f. Revise paragraphs (d)(3)(i) and (d)(4); g. Add paragraph (d)(5); and h. Revise paragraph (h).

The revisions and addition read as follows:

§ 1436.9 Loan amount and loan application approvals.

(b) The net cost for all facilities:

(c) The maximum total principal amount of the FSFL, except for FSFL microloans, is 85 percent of the net cost of the applicant's needed facility, not to exceed $500,000 per loan. For FSFL microloans the maximum total principal amount of the farm storage facility loan is 95 percent of the net costs of the applicant's needed storage, handling facility, including drying and handling equipment, or storage and handling trucks, not to exceed an aggregate outstanding balance of $50,000.

(d) * * *

(3) * * *

(i) Multiply the average of the applicant's share of production or of acres farmed for the most recent 3 years for each eligible commodity requiring cold storage at the proposed facility;

(4) For all eligible facility loan commodities, except sugar, if acreage data is not practicable or available for State and County Committees or authorized FSA staff to determine the storage need, specifically, but not limited to, maple sap, eggs, butter, cheese, yogurt, milk, meat and poultry, a reasonable production yield, such as ERS or NASS data may be used to determine the storage capacity need. A reasonable production yield may also be used for newly acquired farms, specialty farming, changes in cropping operations, prevented planted acres, or for facility loan commodities being grown for the first time.

(5) For FSFL microloans if the FSA State and county committees determine that self-certification is practicable based on the applicant's farm operation, then CCC may allow applicants to self-certify to the storage capacity need. The Deputy Administrator, Farm Programs, or an FSA State committee may rescind the FSFL microloan provision on a Statewide basis if it is determined that allowing FSFL microloans has increased the likelihood of loan defaults and is not in the best interest of CCC.

(h) The Farm storage facility loan approval period, which is the timeframe, from approval until expiration, during which the facility must be completely and fully delivered, erected, constructed, assembled, or installed and a CCC representative has inspected and approved such facility for all eligible facility loan commodities except sugar, will expire 6 months after the date of approval unless extended in writing for an additional 6 months by the FSA State Committee. A second 6 month extension, for a total of 18 months from the original approval date, may be approved by the FSA State Committee. This authority will not be re-delegated. Sugar storage facility loan approvals will expire 8 months after the date of approval unless extended in writing for an additional 4 months by the FSA State Committee.

10. Amend § 1436.10 as follows: a. In paragraph (a), remove the word “storage”; and b. Add paragraph (d).

The addition reads as follows:

§ 1436.10 Down payment.

(d) The minimum down payment for an FSFL will be 5 percent for an FSFL microloan and 15 percent for all other FSFLs, with the down payment to be calculated as a percentage of net cost as specified in § 1436.9. As specified in § 1436.8, a larger down payment may be required to meet security requirements.

§ 1436.11 [Amended]
11. Amend § 1436.11(a)(3) by removing the words “farm storage”. 12. Amend § 1436.15 as follows: a. Revise paragraph (a); b. In paragraph (b), remove the word “loan” both times it appears; c. In paragraph (d), remove the words “Structures must” and add the words “Facilities must” in their place, and remove the words “structure” and “structural”; c. In paragraph (e), remove the words “of ingress and egress” add the words “to enter, leave, and return to the property” in their place.

The revision reads as follows:

§ 1436.15 Maintenance, liability, insurance, and inspections.

(a) The borrower must maintain the loan collateral in a condition suitable for the storage or handling of one or more of the facility loan commodities.

§ 1436.16 [Amended]
13. Amend § 1436.16(c) by removing the words “or other property”.
Val Dolcini, Administrator, Farm Service Agency, and Executive Vice President, Commodity Credit Corporation.
[FR Doc. 2016-09949 Filed 4-28-16; 8:45 am] BILLING CODE 3410-05-P
DEPARTMENT OF ENERGY 10 CFR Parts 429 and 430 [Docket No. EERE-2009-BT-TP-0016] RIN 1904-AD58 Energy Conservation Program: Clarification of Test Procedures for Fluorescent Lamps Ballasts AGENCY:

Office of Energy Efficiency and Renewable Energy, Department of Energy.

ACTION:

Final rule.

SUMMARY:

On November 4, 2015, the U.S. Department of Energy (DOE) issued a notice of proposed rulemaking (NOPR) to clarify the test procedures for fluorescent lamp ballasts. That proposed rulemaking serves as the basis for the final rule. DOE is issuing a final rule to replace all instances of ballast efficacy factor (BEF) with ballast luminous efficiency (BLE) in its regulations concerning fluorescent lamps ballasts and to add rounding instructions to the same section for BLE and power factor. DOE is also clarifying the represented value instructions for power factor. Finally, DOE is amending Appendix Q to clarify the lamp-ballast pairings for testing.

DATES:

The effective date of this rule is May 31, 2016. The final rule changes will be mandatory for product testing starting June 28, 2016.

The incorporation by reference of certain material listed in this rule is approved by the Director of the Federal Register as of May 31, 2016.

ADDRESSES:

The docket, which includes Federal Register notices, public meeting attendee lists and transcripts, comments, and other supporting documents/materials, is available for review at regulations.gov. All documents in the docket are listed in the regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available.

A link to the docket Web page can be found at: https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/62. This Web page will contain a link to the docket for this notice on the regulations.gov site. The regulations.gov Web page will contain simple instructions on how to access all documents, including public comments, in the docket.

For further information on how to review the docket, contact Ms. Brenda Edwards at (202) 586-2945 or by email: [email protected]

FOR FURTHER INFORMATION CONTACT:

Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, DC, 20585-0121. Telephone: (202) 287-1604. Email: [email protected] Ms. Sarah Butler, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-1777. Email: [email protected] SUPPLEMENTARY INFORMATION:

DOE is incorporating by reference the following industry standards into 10 CFR part 430.

(1) ANSI _IEC78.901-2005, Revision of ANSI C78.901-2001 (“ANSI C78.901”), American National Standard for Electric Lamps—Single-Based Fluorescent Lamps—Dimensional and Electrical Characteristics, approved March 23, 2005.

(2) IEC 1 60081 (Amendment 4, Edition 5.0, 2010-02), “Double-capped fluorescent lamps—Performance specifications.”

1 International Electrotechnical Commission.

Copies of ANSI C78.901 and IEC 60081 can be obtained from the American National Standards Institute, 25 West 43rd Street, 4th Floor, New York, NY 10036, (212) 642-4900, or go to http://webstore.ansi.org.

Copies of these industry standards can also be reviewed in person at U.S. Department of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 600, Washington, DC, 20024. For further information on accessing standards incorporated by reference, contact Ms. Brenda Edwards at (202) 586-2945 or by email: [email protected]

This standard is discussed further in section IV.M.

Table of Contents I. Authority and Background A. General Test Procedure Rulemaking Process II. Synopsis of the Final Rule III. Discussion A. Replacing Ballast Efficacy Factor With Ballast Luminous Efficiency B. Rounding Requirements for Ballast Luminous Efficiency C. Rounding Requirements and Represented Value for Power Factor D. Lamp Pairing for Testing IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866 B. Review Under the Regulatory Flexibility Act C. Review Under the Paperwork Reduction Act of 1995 D. Review Under the National Environmental Policy Act of 1969 E. Review Under Executive Order 13132 F. Review Under Executive Order 12988 G. Review Under the Unfunded Mandates Reform Act of 1995 H. Review Under the Treasury and General Government Appropriations Act, 1999 I. Review Under Executive Order 12630 J. Review Under Treasury and General Government Appropriations Act, 2001 K. Review Under Executive Order 13211 L. Review Under Section 32 of the Federal Energy Administration Act of 1974 M. Description of Standards Incorporated by Reference N. Congressional Notification O. Approval of the Office of the Secretary I. Authority and Background

Title III, Part B 2 of the Energy Policy and Conservation Act of 1975 (42 U.S.C. 6291, et seq.; “EPCA” or, “the Act”) sets forth a variety of provisions designed to improve energy efficiency and established the “Energy Conservation Program for Consumer Products Other Than Automobiles.” 3 These include fluorescent lamp ballasts, the subject of this final rule. (42 U.S.C. 6292(a)(13))

2 For editorial reasons Part B was codified as Part A in the U.S. Code (42 U.S.C. 6291-6309, as codified).

3 All references to EPCA in this document refer to the statute as amended through the Energy Efficiency Improvement Act of 2015, Public Law 114-11 (Apr. 30, 2015).

Under EPCA, the energy conservation program consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. The testing requirements consist of test procedures that manufacturers of covered products must use as the basis for (1) certifying to DOE that their products comply with the applicable energy conservation standards adopted under EPCA, and (2) making representations about the efficiency of those products. Similarly, DOE must use these test procedures to determine whether the products comply with any relevant standards promulgated under EPCA.

DOE published test procedure final rules on April 24, 1991, October 22, 2009, and May 4, 2011 (hereafter the “May 2011 test procedure final rule”), establishing active mode test procedures, standby and off mode test procedures, and revised active mode test procedures respectively. 56 FR 18677, 74 FR 54445, and 76 FR 25211. The May 2011 test procedure final rule established Appendix Q1 4 to subpart B of 10 CFR part 430. DOE also published final rules establishing and amending energy conservation standards for fluorescent lamp ballasts on September 19, 2000, and November 14, 2011 (hereafter the “November 2011 standards final rule”), which completed the two energy conservation standard rulemakings required under 42 U.S.C. 6295(g)(7). 65 FR 56740; 76 FR 70547. The November 2011 standards final rule established the regulations located at 10 CFR 430.32(m)(8)-(10), which were later relocated to 10 CFR 430.32(m)(1)-(4). DOE also published final rules on February 4, 2015 (hereafter the “February 2015 correction final rule”) and on June 5, 2015 (hereafter the “June 2015 clarification final rule”) to correct and clarify certain requirements and specifications in the CFR relating to energy conservation standards and test procedures. 80 FR 5896; 80 FR 31971.

4 Appendix Q1 was redesignated as Appendix Q in the June 2015 clarification final rule. 80 FR 31971 (June 5, 2015).

This final rule adopts additional clarifications in support of the current test procedure. On November 4, 2015, DOE published a NOPR (hereafter the “November 2015 NOPR”) proposing clarifications to the test procedures for fluorescent lamp ballasts. 80 FR 68274. That notice of proposed rulemaking serves as the basis for this final rule.

A. General Test Procedure Rulemaking Process

Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered products. EPCA provides that any test procedures prescribed or amended under this section shall be reasonably designed to produce test results which measure energy efficiency, energy use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and shall not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))

In addition, if DOE determines that a test procedure amendment is warranted, it must publish proposed test procedures and offer the public an opportunity to present oral and written comments on them. (42 U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test procedure, DOE must determine to what extent, if any, the proposed test procedure would alter the measured energy efficiency of any covered product as determined under the existing test procedure. (42 U.S.C. 6293(e)(1))

With respect to this rulemaking, DOE has determined that the four amendments it is adopting (replacing ballast efficacy factor with ballast luminous efficiency [described in section III.A], rounding requirements for ballast luminous efficiency [described in section III.B], rounding and represented value requirements for power factor [described in section III.C] and lamp pairings for testing [described in section III.D]) will not change the measured energy use of fluorescent lamp ballasts when compared to the current test procedure.

II. Synopsis of the Final Rule

In this final rule, DOE is amending the test procedure with several clarifications to the requirements for fluorescent lamp ballasts. DOE is replacing all instances of ballast efficacy factor (BEF) with ballast luminous efficiency (BLE) in 10 CFR 429.26 and adding rounding instructions in 10 CFR 429.26 for BLE and power factor. DOE is also clarifying the represented value instructions for power factor. Finally, DOE is revising Appendix Q to clarify the lamp-ballast pairings for testing.

Manufacturers are required to comply with the requirements included in this rulemaking starting 60 days after the publication of the final rule.

III. Discussion A. Replacing Ballast Efficacy Factor With Ballast Luminous Efficiency

Manufacturers were previously required to use the test procedure for fluorescent lamp ballasts at 10 CFR part 430, subpart B, appendix Q to determine compliance with DOE's standards, which were expressed in terms of a BEF metric. The May 2011 test procedure final rule, which changed the test procedure to a measurement of BLE, established appendix Q1 to subpart B of 10 CFR part 430 to determine compliance with DOE's fluorescent lamp ballast standards. 76 FR 25211. On November 14, 2011, DOE issued amended standards for fluorescent lamp ballasts based on BLE and compliance with those standards has been required since November 14, 2014. 76 FR 70548. 10 CFR 430.32(m). Because the fluorescent lamp ballast standards based on BEF are no longer applicable, the June 2015 clarification final rule removed the test procedure for BEF at Appendix Q and redesignated the Appendix Q1 test procedure for BLE as Appendix Q. 80 FR 31971. To support the transition from BEF to BLE, DOE proposed in the November 2015 NOPR to replace all instances of BEF with BLE in 10 CFR 429.26.

NEMA commented that they agreed with DOE's suggested changes. (NEMA, No. 33 at p. 1) 5 DOE received no further comments in response to the proposed changes to 10 CFR 429.26. Therefore, DOE is replacing all instances of BEF with BLE in 10 CFR 429.26.

5 A notation in this form provides a reference for information that is in the docket of DOE's rulemaking to develop test procedures for fluorescent lamp ballasts (Docket No. EERE-2009-BT-TP-0016), which is maintained at www.regulations.gov. This notation indicates that the statement preceding the reference is document number 33 in the docket for the fluorescent lamp ballasts test procedure rulemaking, and appears at page 1 of that document.

B. Rounding Requirements for Ballast Luminous Efficiency

Currently, rounding requirements are not provided for the represented value of BLE. When developing standards in the November 2011 standards final rule, DOE rounded BLE to the thousandths place when analyzing the costs and benefits of the adopted standard. For consistency with the November 2011 standards final rule, DOE proposed to specify rounding the represented value of BLE to the nearest thousandths place in a NOPR proposing clarifications to the test procedures for fluorescent lamp ballasts published on January 6, 2015 (hereafter the “January 2015 clarification NOPR”). 80 FR 404. NEMA agreed that rounding to the thousandths place is acceptable as long as significant figures are handled correctly. (NEMA, No. 30 at p. 3) However, DOE determined that rounding requirements would be more appropriately addressed in 10 CFR 429.26,6 and thus did not adopt rounding requirements in the June 2015 clarification final rule. Thus, in the November 2015 NOPR, DOE proposed to amend 10 CFR 429.26 by specifying that the represented value of BLE must be rounded to the nearest thousandths place.

6 The January 2015 clarification NOPR proposed to include rounding requirements at 10 CFR 430.23.

NEMA commented that they agreed with DOE's proposed amendments in the November 2015 NOPR. (NEMA, No. 33 at p. 1) DOE received no further comments on this clarification. Thus, based on the reasons presented in the November 2015 NOPR, DOE is adopting the clarification in 10 CFR 429.26 that the represented value of BLE must be rounded to the nearest thousandths place.

C. Rounding Requirements and Represented Value for Power Factor

Currently, rounding requirements are not provided for the represented value of power factor. Manufacturers have shown the capability to round to the nearest hundredths place. When reporting power factor in product literature and data sheets, it is standard for manufacturers to round to the nearest hundredths place. In the November 2015 NOPR, DOE proposed to amend 10 CFR 429.26 by specifying that the power factor must be rounded to the nearest hundredths place. DOE also proposed to add power factor to 10 CFR 429.26(a)(2)(ii) to clearly indicate the requirements for calculating the represented value of power factor prior to rounding.

NEMA commented that they agreed with DOE's proposed amendments. (NEMA, No. 33 at p. 1) DOE received no additional comments on the changes regarding power factor. Based on the reasons presented in the November 2015 NOPR, DOE is adopting the changes to 10 CFR 429.26 regarding power factor in this final rule.

D. Lamp Pairing for Testing

In the May 2011 test procedure final rule, DOE specified that ballasts are to be paired with the most common wattage lamp and provided a table (Table A of appendix Q of subpart B of 10 CFR part 430) to indicate which lamp should be used with each ballast. 76 FR 25211. Table A lists the ballast description along with the lamp type intended for testing. Though ballasts can frequently operate lamps of the same diameter but different wattages, DOE requires testing with only one lamp wattage per ballast. To clarify this requirement, in the January 2015 clarification NOPR, DOE proposed to indicate in section 2.3.1.7 of Appendix Q that each ballast should be tested with only one lamp type corresponding to the lamp diameter and base type the ballast is designed and marketed to operate. 80 FR 404, 415. For example, a ballast designed and marketed to operate both 32 watt (W) 4-foot medium bipin (MBP) T8 lamps and 28 W 4-foot MBP T8 lamps should only be tested with the 32 W lamp. DOE also proposed to indicate in section 2.3.1.5 of Appendix Q that a ballast designed and marketed to operate both T8 and T12 lamps must be tested with T8 lamps. 80 FR at 406. DOE adopted these proposed clarifications in the June 2015 clarification final rule. 80 FR 31971.

Regarding the proposal in the January 2015 clarification NOPR, NEMA recommended that DOE include the American National Standards Institute (ANSI) lamp abbreviations from ANSI C78.81 7 in Table A of Appendix Q of subpart B of 10 CFR part 430. (NEMA, No. 30 at p. 2) DOE did not address this lamp identification issue in the June 2015 clarification final rule because DOE wanted to provide opportunity for public comment on the proposed incorporation by reference of additional industry standards.

7 “American National Standard for Electric Lamps: Double-Capped Fluorescent Lamps—Dimensional and Electrical Characteristics” (approved Jan. 14, 2010).

In the November 2015 NOPR, DOE agreed that referencing the ANSI and IEC lamp specifications would further clarify the lamp pairings used for testing. Section 2.3.1.3 of Appendix Q states that the fluorescent lamp used for testing must meet the specifications of a reference lamp as defined by ANSI C82.13 (IBR 430.3), and ANSI C82.13 states that the lamps used must operate at values of lamp voltage, lamp wattage and lamp current, each within 2.5 percent of the values given in the corresponding lamp standards found in ANSI C78.81 and ANSI C78.901. Therefore in the November 2015 NOPR, DOE proposed to add the appropriate page number corresponding to the lamp specifications in ANSI_ANSLG C78.81-2010 (hereafter “ANSI C78.81-2010”), ANSI_IEC C78.901-2005 (hereafter “ANSI C78.901-2005”),8 and IEC 60081 (Amendment 4, Edition 5.0) 9 in parentheses alongside the contents of the Lamp Diameter and Base column of Table A of Appendix Q. To support these page number references, DOE proposed to incorporate by reference IEC 60081 (Amendment 4, Edition 5.0).

8 “American National Standard for Electric Lamps—Single-Based Fluorescent Lamps—Dimensional and Electrical Characteristics” (approved Mar. 23, 2005).

9 ANSI C78.81 directs readers to IEC 60081 for lamp specifications for T5 miniature bipin lamps. IEC 60081 refers to “International Electrotechnical Commission Double-capped fluorescent lamps—Performance specifications” (approved Feb. 18, 2010).

NEMA commented that they agreed with DOE's proposed amendments. (NEMA, No. 33 at p. 1) DOE received no additional comments regarding the addition of page number references to Table A of Appendix Q. Based on the reasons presented in the November 2015 NOPR, DOE is adopting these changes in this final rule.

IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866

The Office of Management and Budget (OMB) has determined that test procedure rulemakings do not constitute “significant regulatory actions” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this action was not subject to review under the Executive Order by the Office of Information and Regulatory Affairs (OIRA) in OMB.

B. Review Under the Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires preparation of an initial regulatory flexibility analysis (IFRA) for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003 to ensure that the potential impacts of its rules on small entities are properly considered during the DOE rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel's Web site: http://energy.gov/gc/office-general-counsel.

This rulemaking clarifies existing requirements for testing and compliance with standards and does not change the burden associated with fluorescent lamp ballast regulations on any entity, large or small. Therefore, DOE concludes and certifies that this rulemaking will not have a significant economic impact on a substantial number of small entities.

Accordingly, DOE did not prepare a regulatory flexibility analysis for this rulemaking. DOE's certification and supporting statement of factual basis will be provided to the Chief Counsel for Advocacy of the SBA 10 for review under 5 U.S.C. 605(b). DOE certifies that this rule will have no significant impact on a substantial number of small entities.

10 Small Business Administration.

C. Review Under the Paperwork Reduction Act of 1995

Manufacturers of fluorescent lamp ballasts must certify to DOE that their products comply with any applicable energy conservation standards. In certifying compliance, manufacturers must test their products according to the DOE test procedures for fluorescent lamp ballasts, including any amendments adopted for those test procedures. DOE has established regulations for the certification and recordkeeping requirements for all covered consumer products and commercial equipment, including fluorescent lamp ballasts. See generally, 10 CFR part 429, subpart B. The collection-of-information requirement for the certification and recordkeeping is subject to review and approval by OMB under the Paperwork Reduction Act (PRA).

DOE requested OMB approval of an extension of this information collection for three years, specifically including the collection of information proposed in the present rulemaking, and estimated that the annual number of burden hours under this extension is 30 hours per company. In response to DOE's request, OMB approved DOE's information collection requirements covered under OMB control number 1910-1400 through November 30, 2017. 80 FR 5099 (January 30, 2015).

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.

D. Review Under the National Environmental Policy Act of 1969

In this final rule, DOE amends its test procedure for fluorescent lamp ballasts. DOE has determined that this rule falls into a class of actions that are categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021. Specifically, this rule amends an existing rule without affecting the amount, quality or distribution of energy usage, and, therefore, will not result in any environmental impacts. Thus, this rulemaking is covered by Categorical Exclusion A5 under 10 CFR part 1021, subpart D, which applies to any rulemaking that interprets or amends an existing rule without changing the environmental effect of that rule. Accordingly, neither an environmental assessment nor an environmental impact statement is required.

E. Review Under Executive Order 13132

Executive Order 13132, “Federalism,” 64 FR 43255 (August 4, 1999), imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have Federalism implications. The Executive Order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive Order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have Federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. 65 FR 13735. DOE examined this final rule and determined that it 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. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of this final rule. States can petition DOE for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is required by Executive Order 13132.

F. Review Under Executive Order 12988

Regarding the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” 61 FR 4729 (Feb. 7, 1996), imposes on Federal agencies the general duty to adhere to the following requirements: (1) Eliminate drafting errors and ambiguity; (2) write regulations to minimize litigation; (3) provide a clear legal standard for affected conduct rather than a general standard; and (4) promote simplification and burden reduction. Section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation: (1) Clearly specifies the preemptive effect, if any; (2) clearly specifies any effect on existing Federal law or regulation; (3) provides a clear legal standard for affected conduct while promoting simplification and burden reduction; (4) specifies the retroactive effect, if any; (5) adequately defines key terms; and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in sections 3(a) and 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this final rule meets the relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). For a regulatory action resulting in a rule that may cause the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed “significant intergovernmental mandate,” and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect small governments. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR 12820; also available at http://energy.gov/gc/office-general-counsel. DOE examined this final rule according to UMRA and its statement of policy and determined that the rule contains neither an intergovernmental mandate, nor a mandate that may result in the expenditure of $100 million or more in any year, so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 1999

Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This final rule will not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

DOE has determined, under Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights” 53 FR 8859 (March 18, 1988), that this regulation will not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 2001

Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has reviewed this final rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines.

K. Review Under Executive Order 13211

Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to OMB, a Statement of Energy Effects for any significant energy action. A “significant energy action” is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that: (1) Is a significant regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (3) is designated by the Administrator of OIRA as a significant energy action. For any significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use if the regulation is implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use.

This regulatory action is not a significant regulatory action under Executive Order 12866. Moreover, it would not have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as a significant energy action by the Administrator of OIRA. Therefore, it is not a significant energy action, and, accordingly, DOE has not prepared a Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 1974

Under section 301 of the Department of Energy Organization Act (Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the Federal Energy Administration Act of 1974, as amended by the Federal Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA) Section 32 essentially provides in relevant part that, where a proposed rule authorizes or requires use of commercial standards, the notice of proposed rulemaking must inform the public of the use and background of such standards. In addition, section 32(c) requires DOE to consult with the Attorney General and the Chairman of the Federal Trade Commission (FTC) concerning the impact of the commercial or industry standards on competition.

The proposed modifications to the test procedures addressed by this action reference certain sections of the commercial standards, ANSI C78.901-2005, “American National Standard for Electric Lamps—Single-Based Fluorescent Lamps—Dimensional and Electrical Characteristics” and IEC 60081, “International Electrotechnical Commission Double-capped fluorescent lamps—Performance specifications” (Amendment 4, Edition 5.0). DOE has evaluated these two standards and is unable to conclude whether they fully comply with the requirements of section 32(b) of the FEAA (i.e., whether they were developed in a manner that fully provides for public participation, comment, and review.) DOE has consulted with both the Attorney General and the Chairman of the FTC about the impact on competition of using the methods contained in these standards and has received no comments objecting to their use.

M. Description of Standards Incorporated by Reference

In this final rule, DOE incorporates by reference the test standard titled ANSI C78.901-2005, “American National Standard for Electric Lamps—Single-Based Fluorescent Lamps—Dimensional and Electrical Characteristics”. The proposed modifications to the test procedures addressed by this action reference certain sections of this commercial standard. ANSI C78.901 is readily available at http://www.ansi.org.

DOE also incorporates by reference the test standard published by IEC, titled “International Electrotechnical Commission Double-capped fluorescent lamps—Performance specifications,” IEC 60081 (Amendment 4 Edition 5.0, 2010-02). IEC 60081 is an industry accepted standard that specifies dimensional and electrical characteristics related to fluorescent lamps (specifically T5 lamps) and is applicable to products sold in North America. The description of lamp-ballast pairings for testing amended in this final rule references IEC 60081. IEC 60081 is readily available on IEC's Web site at http://webstore.ansi.org.

N. Congressional Notification

As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this rule before its effective date. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 804(2).

O. Approval of the Office of the Secretary

The Secretary of Energy has approved publication of this final rule.

List of Subjects 10 CFR Part 429

Confidential business information, Energy conservation, Household appliances, Imports, Reporting and recordkeeping requirements.

10 CFR Part 430

Administrative practice and procedure, Confidential business information, Energy conservation, Household appliances, Imports, Incorporation by reference, Intergovernmental relations, Small businesses.

Issued in Washington, DC, on March 24, 2016. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.

For the reasons stated in the preamble, DOE amends parts 429 and 430 of chapter II, subchapter D, of title 10, Code of Federal Regulations, as set forth below:

PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT 1. The authority citation for part 429 continues to read as follows: Authority:

42 U.S.C. 6291-6317.

2. Section 429.26 is amended by revising paragraphs (a)(2)(ii) introductory text and (b)(2) and adding paragraph (c) to read as follows:
§ 429.26 Fluorescent lamp ballasts.

(a) * * *

(2) * * *

(ii) Any represented value of the ballast luminous efficiency, power factor, or other measure of the energy efficiency or energy consumption of a basic model for which consumers would favor a higher value must be less than or equal to the lower of:

(b) * * *

(2) Pursuant to § 429.12(b)(13), a certification report must include the following public product-specific information: The ballast luminous efficiency, the power factor, the number of lamps operated by the ballast, and the type of lamps operated by the ballast.

(c) Rounding requirements. (1) Round ballast luminous efficiency to the nearest thousandths place.

(2) Round power factor to the nearest hundredths place.

PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 3. The authority citation for part 430 continues to read as follows: Authority:

42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

4. Section 430.3 is amended by: a. Adding in paragraph (e)(7) the text “, appendix Q,” after the text “§ 430.2”; b. Redesignating paragraphs (p)(2) through (p)(4) as paragraphs (p)(3) through (p)(5) respectively; and c. Adding new paragraph (p)(2) to read as follows:
§ 430.3 Materials incorporated by reference.

(p) * * *

(2) IEC Standard 60081, (“IEC 60081”), Double-capped fluorescent lamps—Performance specifications, (Amendment 4, Edition 5.0, 2010-02); IBR approved for appendix Q to subpart B.

5. Appendix Q to subpart B of part 430 is amended by revising Table A of section 2.3 to read as follows: Appendix Q to Subpart B of Part 430—Uniform Test Method for Measuring the Energy Consumption of Fluorescent Lamp Ballasts

2.3 * * *

Table A—Lamp-and-Ballast Pairings and Frequency Adjustment Factors Ballast type Lamp type Lamp diameter and base Nominal lamp
  • wattage
  • Frequency adjustment factor (β) Low-
  • frequency
  • High-
  • frequency
  • Ballasts that operate straight-shaped lamps (commonly referred to as 4-foot medium bipin lamps) with medium bipin bases and a nominal overall length of 48 inches T8 MBP (Data Sheet 7881-ANSI-1005-2) *
  • T12 MBP (Data Sheet 7881-ANSI-1006-1) *
  • 32
  • 34
  • 0.94
  • 0.93
  • 1.0
  • 1.0
  • Ballasts that operate U-shaped lamps (commonly referred to as 2-foot U-shaped lamps) with medium bipin bases and a nominal overall length between 22 and 25 inches T8 MBP (Data Sheet 78901-ANSI-4027-1) *
  • T12 MBP **
  • 32
  • 34
  • 0.94
  • 0.93
  • 1.0
  • 1.0
  • Ballasts that operate rapid-start lamps (commonly referred to as 8-foot-high output lamps) with recessed double contact bases and a nominal overall length of 96 inches T8 HO RDC (Data Sheet 7881-ANSI-1501-1) *
  • T12 HO RDC (Data Sheet 7881-ANSI-1017-1) *
  • 86
  • 95
  • 0.92
  • 0.94
  • 1.0
  • 1.0
  • Ballasts that operate instant-start lamps (commonly referred to as 8-foot slimline lamps) with single pin bases and a nominal overall length of 96 inches T8 slimline SP (Data Sheet 7881-ANSI-1505-1) *
  • T12 slimline SP (Data Sheet 7881-ANSI-3006-1) *
  • 59
  • 60
  • 0.95
  • 0.94
  • 1.0
  • 1.0
  • Ballasts that operate straight-shaped lamps (commonly referred to as 4-foot miniature bipin standard output lamps) with miniature bipin bases and a nominal length between 45 and 48 inches T5 SO Mini-BP (Data Sheet 60081-IEC-6640-5)* 28 0.95 1.0 Ballasts that operate straight-shaped lamps (commonly referred to as 4-foot miniature bipin high output lamps) with miniature bipin bases and a nominal length between 45 and 48 inches T5 HO Mini-BP (Data Sheet 60081-IEC-6840-4) * 54 0.95 1.0 Sign ballasts that operate rapid-start lamps (commonly referred to as 8-foot high output lamps) with recessed double contact bases and a nominal overall length of 96 inches T8 HO RDC (Data Sheet 7881-ANSI-1501-1) *
  • T12 HO RDC (Data Sheet 7881-ANSI-1019-1) *
  • 86
  • † 110
  • 0.92
  • 0.94
  • 1.0
  • 1.0
  • MBP, Mini-BP, RDC, and SP represent medium bipin, miniature bipin, recessed double contact, and single pin, respectively. A ballast must be tested with only one lamp type based on the ballast type description and lamp diameter it is designed and marketed to operate. * Data Sheet corresponds to ANSI C78.81, ANSI C78.901, or IEC 60081 page number (incorporated by reference; see § 430.3). ** No ANSI or IEC Data Sheet exists for 34 W T12 MBP U-shaped lamps. For ballasts designed to operate only T12 2-foot U-shaped lamps with MBP bases and a nominal overall length between 22 and 25 inches, manufacturers should select a T12 U-shaped lamp designed and marketed as having a nominal wattage of 34 W. † Lamp type is commonly marketed as 110 W, however the ANSI C78.81 Data Sheet (incorporated by reference; see § 430.3) lists nominal wattage of 113 W. Specifications for operation at 0.800 amperes (A) should be used for testing.
    [FR Doc. 2016-10012 Filed 4-28-16; 8:45 a.m.] BILLING CODE 6450-01-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2016-1288; Airspace Docket No. 15-ASW-23] Establishment of Class E Airspace; Ketchum, OK 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 South Grand Lake Regional Airport, Ketchum, OK, to accommodate new Standard Instrument Approach Procedures for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

    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/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 South Grand Lake Regional Airport, Ketchum, OK.

    History

    On February 10, 2016, 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 South Grand Lake Regional Airport, Ketchum, OK, (81 FR 7040)). Docket No. FAA-2016-1288. 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 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 a 6-mile radius of South Grand Lake Regional Airport, Ketchum, OK, 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 OK E5 Ketchum, OK [New] South Grand Lake Regional Airport, OK (Lat. 36°32′47″ N., long. 095°00′49″ W.)

    That airspace extending upward from 700 feet above the surface within a 6-mile radius of South Grand Lake Regional Airport.

    Issued in Fort Worth, TX, on April 20, 2016. Robert W. Beck, Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2016-09989 Filed 4-28-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2016-0835; Airspace Docket No. 16-ASW-1] Establishment of Class E Airspace; Hollis, OK 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 Hollis Municipal Airport, Hollis, OK, to accommodate new Standard Instrument Approach Procedures for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

    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/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 Hollis Municipal Airport, Hollis, OK.

    History

    On February 4, 2016, 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 Hollis Municipal Airport, Hollis, OK, (81 FR 5946). Docket No. FAA-2016-0835. 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 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 a 6-mile radius of Hollis Municipal Airport, Hollis, OK, 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 OK E5 Hollis, OK [New] Hollis Municipal Airport, OK (Lat. 34°42′19″ N., long. 099°54′31″ W.)

    That airspace extending upward from 700 feet above the surface within a 6-mile radius of Hollis Municipal Airport.

    Issued in Fort Worth, TX, on April 20, 2016. Robert W. Beck, Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2016-09994 Filed 4-28-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-5802; Airspace Docket No. 15-ASW-17] Establishment of Class E Airspace; Horseshoe Bend, 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 Horseshoe Bend Airport, Horseshoe Bend, AR, to accommodate new Standard Instrument Approach Procedures for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

    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/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 Horseshoe Bend Airport, Horseshoe Bend AR.

    History

    On February 10, 2016, 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 Horseshoe Bend Airport, Horseshoe Bend, AR. (81 FR 7039). Docket No. FAA-2015-5802. 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 a 6-mile radius of Horseshoe Bend Airport, Horseshoe Bend, 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 Horseshoe Bend, AR [New] Horseshoe Bend Airport, AR (Lat. 36°13′17″ N., long. 091°45′20″ W.)

    That airspace extending upward from 700 feet above the surface within a 6-mile radius of Horseshoe Bend Airport.

    Issued in Fort Worth, TX, on April 20, 2016. Robert W. Beck, Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2016-09985 Filed 4-28-16; 8:45 am] BILLING CODE 4910-13-P
    OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE 15 CFR Part 2017 [Docket Number USTR-2016-0002] RIN 0350-AA07 Establishment of a Petition Process To Review the Eligibility of Countries Under the African Growth and Opportunity Act AGENCY:

    Office of the United States Trade Representative.

    ACTION:

    Final rule.

    SUMMARY:

    The Office of the United States Trade Representative (USTR) published an interim final rule establishing a petition process to review the eligibility of countries for the benefits of the African Growth and Opportunity Act (AGOA) on March 18, 2016. USTR publishes this final rule to adopt and implement the interim final rule without change.

    DATES:

    The final rule is effective on April 29, 2016.

    FOR FURTHER INFORMATION CONTACT:

    For procedural questions, please contact Yvonne Jamison, Trade Policy Staff Committee, at 202-395-3475. Direct all other questions to Constance Hamilton, Deputy Assistant U.S. Trade Representative for African Affairs, at [email protected] or 202-395-9514.

    SUPPLEMENTARY INFORMATION:

    On March 18, 2016 (81 FR 14716), USTR published an interim final rule, which added 15 CFR part 2017. The new Part 2017 establishes a petition process that supplements the annual (normal cycle) request for public comments on whether a beneficiary sub-Saharan African country is meeting the eligibility criteria and requirements of the AGOA program (see, e.g., 80 FR 48951, Aug. 14, 2015). The interim final rule was effective upon publication and the public comment period closed on April 18, 2016. USTR did not receive any comments.

    Accordingly, the interim rule published March 18, 2016 (81 FR 14716), is adopted as final without change. Florizelle Liser, Assistant U.S. Trade Representative for African Affairs.
    [FR Doc. 2016-10016 Filed 4-28-16; 8:45 am] BILLING CODE 3290-F6-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2014-0250; FRL-9945-91-Region 4] Air Plan Approval; Removal of I/M Program in Memphis and Revisions to the 1997 8-Hour Ozone Maintenance Plan for Shelby County, Tennessee AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving the State of Tennessee's May 23, 2014, State Implementation Plan (SIP) revision, submitted through the Tennessee Department of Environment and Conservation (TDEC) on behalf of the Shelby County Health Department (SCHD), seeking to modify the SIP by removing the Inspection and Maintenance (I/M) program in the City of Memphis, Tennessee, and by incorporating Shelby County's revised maintenance plan for the 1997 8-hour ozone national ambient air quality standards (NAAQS). Among other things, the revised maintenance plan updates the emissions inventory estimates and the motor vehicle emissions budgets (MVEBs) for the years 2006 and 2021, and contains an emissions reduction measure to offset the emissions increase expected from the termination of City of Memphis I/M program. EPA has determined that Tennessee's May 23, 2014, SIP revision is consistent with the applicable provisions of the Clean Air Act (CAA or Act).

    DATES:

    This rule is effective May 31, 2016.

    ADDRESSES:

    EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2014-0250. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information 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 either electronically through www.regulations.gov or in hard copy at the 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. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Air Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Wong can be reached by phone at (404) 562-8726 or via electronic mail at [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    Shelby County was designated as nonattainment for the carbon monoxide (CO) NAAQS on March 3, 1978 (43 FR 8962). Local transportation sources in the City of Memphis were identified as the prime contributors to monitored CO violations in Shelby County at that time. The City of Memphis I/M program was adopted as a control strategy to attain the CO NAAQS.

    On July 26, 1994 (59 FR 37939), EPA redesignated Shelby County to attainment for the CO standard and approved the initial 10-year CO maintenance plan for Shelby County. Subsequently, further improvements in automotive technology led to a consistent reduction in locally monitored levels of CO. On October 25, 2006 (71 FR 62384), EPA approved the required second 10-year CO maintenance plan which demonstrated that I/M was no longer needed to maintain the CO NAAQS.

    On April 30, 2004 (69 FR 23858), EPA designated Shelby County, Tennessee, and Crittenden County, Arkansas, as nonattainment for the 1997 8-hour ozone NAAQS, with a classification of `moderate' (hereinafter collectively referred to as the “Memphis 1997 8-hour Ozone Area”).1 Under CAA section 182(b)(4), moderate ozone nonattainment areas with a census-defined urbanized area population over a given threshold are required to adopt basic I/M as part of the required SIP.

    1 On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 0.075 parts per million. See 73 FR 16436 (March 27, 2008). EPA designated Shelby County; Crittenden County, Arkansas; and a portion of Desoto County, Mississippi, as a marginal nonattainment area for the 2008 8-hour ozone NAAQS on April 30, 2012 (effective July 20, 2012). See 77 FR 30088 (May 21, 2012). Currently, monitoring data for the Memphis 2008 8-hour Ozone Area indicates that the Area has attaining data for the 2008 8-hour ozone NAAQS. As noted above, marginal ozone nonattainment areas are not required to adopt an I/M program.

    Following the initial designations for the 1997 8-hour ozone standard, Shelby County, the State of Tennessee, Crittenden County, and the State of Arkansas adopted additional measures to control ozone-forming emissions in the region and petitioned EPA to use its discretion under CAA section 181(a)(4) to reclassify the Area from moderate to marginal. On September 22, 2004 (69 FR 56697), EPA granted the petition to reclassify the Area, which removed the SIP planning requirements mandated of moderate ozone nonattainment areas, including the adoption of a mandatory I/M program, and reset the attainment deadline to June 15, 2007. The Area failed to attain the 1997 8-hour ozone NAAQS by the marginal area attainment deadline. Consequently, on March 28, 2008 (73 FR 16547), EPA reclassified the Area as a moderate nonattainment area. This reclassification reset the attainment deadline to June 15, 2010, with an attainment plan SIP revision due on March 1, 2009, to address all CAA requirements for a moderate ozone nonattainment area, including an I/M program in Shelby County pursuant to CAA section 184(b)(4).

    The end of the 2008 ozone monitoring season resulted in a design value for the Memphis 1997 8-hour Ozone Area that met the NAAQS. Tennessee, Mississippi, and Arkansas prepared separate, but coordinated, redesignation requests and maintenance plans for their respective portions of the Area. Tennessee, on behalf of Shelby County, submitted the redesignation request and maintenance plan for its portion of the 1997 8-hour Ozone Area to EPA on February 26, 2009, prior to the attainment plan SIP revision due date.

    EPA approved Tennessee's redesignation request and maintenance plan on January 4, 2010 (75 FR 56). Although there was no longer a mandatory requirement to implement I/M in Shelby County under section 184(b)(4) of the CAA, the City of Memphis continued to operate its I/M program, and the SIP-approved maintenance plan for the 1997 8-hour ozone NAAQS includes the implementation of a basic I/M program in Shelby County as a contingency measure in the event that the 1997 8-hour ozone NAAQS is violated in the 1997 8-hour Ozone Area after redesignation. In mid-2012, the Memphis City Council voted to defund the City of Memphis I/M program beginning with Fiscal Year 2013/2014. Vehicle inspection operations at all four City of Memphis inspection stations ended on June 28, 2013. Tennessee's May 23, 2014, SIP submission addresses the termination of this program.

    In a notice of proposed rulemaking (NPRM) published on February 12, 2016 (81 FR 7483), EPA proposed to approve the May 23, 2014, SIP revision. No comments were received on the February 12, 2012, NPRM. The details of Tennessee's submittal and the rationale for EPA's actions are further explained in the NPRM.

    II. Revised MVEBs

    Tennessee's May 23, 2014, maintenance plan revision updates the MVEBs for 2006 and 2021 using on-road mobile source emissions estimates from MOVES and removes the MVEBs for 2009 and 2017. The revised 2021 MVEB accounts for the termination of the I/M program and the shutdown of the Cleo, Inc. facility.2 These budgets are used by transportation authorities to assure that transportation plans, programs, and projects are consistent with, and conform to, the maintenance of acceptable air quality in the Memphis 1997 8-hour Ozone Area.

    2 As discussed in the NPRM, the maintenance plan revision includes emissions reductions from the closure of the Cleo, Inc. facility to offset the estimated increase in emissions due to the termination of the City of Memphis I/M program. The Cleo facility was a gift wrap manufacturing plant and warehouse located at 4025 Viscount Avenue, Memphis, Tennessee.

    Under section 176(c) of the CAA, new transportation plans, programs, and projects, such as the construction of new highways, must “conform” to (i.e., be consistent with) the part of the state's air quality plan that addresses pollution from cars and trucks. Conformity to the SIP means that transportation activities will not cause new air quality violations, worsen existing violations, or delay timely attainment of the NAAQS or any interim milestones. If a transportation plan does not conform, most new projects that would expand the capacity of roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA policy, criteria, and procedures for demonstrating and assuring conformity of such transportation activities to a SIP. The regional emissions analysis is one, but not the only, requirement for implementing transportation conformity. Transportation conformity is a requirement for nonattainment and maintenance areas. Maintenance areas are areas that were previously nonattainment for a particular NAAQS but have since been redesignated to attainment with an approved maintenance plan for that NAAQS.

    Under the CAA, states are required to submit, at various times, control strategy SIPs and maintenance plans for nonattainment areas. These control strategy SIPs (including RFP and attainment demonstration) and maintenance plans create MVEBs for criteria pollutants and/or their precursors to address pollution from cars and trucks. Per 40 CFR part 93, a MVEB must be established for the last year of the maintenance plan. A state may adopt MVEBs for other years as well. The MVEB is the portion of the total allowable emissions in the maintenance demonstration that is allocated to highway and transit vehicle use and emissions. See 40 CFR 93.101. The MVEB serves as a ceiling on emissions from an area's planned transportation system. The MVEB concept is further explained in the preamble to the November 24, 1993 (58 FR 62188), Transportation Conformity Rule. The preamble also describes how to establish the MVEB in the SIP and how to revise the MVEB. According to 40 CFR 93.118, a maintenance plan must establish MVEBs for the last year of the maintenance plan (in this case, 2021). The updated MVEBs in the revised maintenance plan for the 1997 8-hour ozone NAAQS are for the base year (2006) and the last year of the first 10-year maintenance plan (2021). The 2021 MVEB reflects the total on-road mobile source emissions for 2021 plus an allocation from the available volatile organic compounds (VOC) and nitrogen oxides (NOX) safety margins.3 The MVEBs are presented in Table 1, below.

    3 The safety margin is the difference between the attainment level of emissions (from all sources) and the projected level of emissions (from all sources) in the maintenance plan. As discussed in the NPRM, Shelby County chose to allocate 4.224 tpd of the available VOC safety margin and 40.393 tpd of the available NOX safety margin to the 2021 MVEBs.

    Table 1—Shelby County VOC and NOX MVEBs [Ozone season tons per day] 2006 2021 NOX 58.013 56.428 VOC 23.986 12.782

    The previously-approved 1997 8-hour ozone maintenance plan for Shelby County contained interim MVEBs for years 2006, 2009, and 2017 in addition to the required maintenance year MVEB of 2021. The consensus formed during the interagency consultation process was that MVEBs should only be set for 2006 and 2021.4 Therefore, the revised maintenance plan removes the interim budgets for years 2009 and 2017.

    4 The transportation conformity provisions of the CAA require interagency consultation in the development of MVEBs. The consultation process involves federal agencies (EPA, Federal Highway Administration, and Federal Transit Administration), state and local transportation agencies, state and local air agencies, and metropolitan planning organizations.

    III. Final Action

    EPA is approving Tennessee's May 23, 2014, SIP revision seeking to remove the City of Memphis I/M program from the SIP and to incorporate Shelby County's revised maintenance plan for the 1997 8-hour ozone NAAQS into the SIP.5 The maintenance plan includes, among other things, an emissions reduction measure to offset the emissions increase expected from the termination of City of Memphis I/M program as well as revised emission inventory estimates and revised 2006 and 2021 MVEBs based upon new modeling associated with the termination of the I/M program and the inclusion of the offset measure. Within 24 months from this final rule, the transportation partners will need to demonstrate conformity to the new NOX and VOC MVEBs pursuant to 40 CFR 93.104(e)(3).

    5 The contingency measures portion of Shelby County's maintenance plan for the 1997 8-hour ozone NAAQS, as incorporated into the SIP, includes the implementation of an I/M program in Shelby County as a contingency measure should a monitored violation of the 1997 8-hour ozone NAAQS occur in the former Memphis, TN-AR nonattainment area. Today's final action does not remove the I/M program from the contingency measures in the SIP-approved maintenance plan.

    IV. 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 28, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2).

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 20, 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. Section 52.2220(e), is amended by adding an entry for “8-Hour Ozone Maintenance plan for the Shelby County, Tennessee Area” at the end of the table to read as follows:
    § 52.2220 Identification of plan.

    (e) * * *

    EPA-Approved Tennessee Non-Regulatory Provisions Name of non-regulatory SIP provision Applicable geographic or nonattainment area State
  • effective date
  • EPA approval date Explanation
    *         *         *         *         *         *         * Revised 8-Hour Ozone Maintenance plan for the Shelby County, Tennessee Area Memphis, Shelby County 5/14/2014 4/29/2016 [Insert citation of publication] Revises the maintenance plan approved by EPA on 1/4/10 to include a revised emissions inventory, revised MVEBs, and an emissions reduction measure to offset the termination of the City of Memphis I/M program.
    [FR Doc. 2016-10166 Filed 4-28-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0028; FRL-9945-78-Region 9] Approval of Air Plan Revisions; Arizona; Rescissions and Corrections AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Arizona State Implementation Plan (SIP) under the Clean Air Act. These revisions include rescissions of outdated test methods and performance test specifications. The intended effect is to rescind unnecessary provisions from the applicable SIP.

    DATES:

    This final rule is effective on May 31, 2016.

    ADDRESSES:

    The EPA has established docket number EPA-R09-OAR-2016-0028 for this action. The index to the docket is available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., Confidential Business Information). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

    FOR FURTHER INFORMATION CONTACT:

    Andrew Steckel, EPA Region IX, (415) 947-4115, [email protected]

    SUPPLEMENTARY INFORMATION:

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

    Table of Contents I. Background for Final Rule II. Summary of Proposed Rule III. Public Comments and EPA Responses IV. Final Action V. Statutory and Executive Order Reviews I. Background for Final Rule

    On February 11, 2016 (81 FR 7259), we proposed to approve revisions to the Arizona SIP under the Clean Air Act (CAA or “Act”) and provided a 30-day comment period. The revisions include rescissions of certain statutory provisions, administrative and prohibitory rules, and test methods. The EPA also proposed to correct certain errors in previous actions on prior revisions to the Arizona SIP and to make certain other corrections.

    On that same date, we issued a direct final rule (81 FR 7209) taking final action effective April 11, 2016 but indicated that, if we received adverse comments by the end of the comment period, we would publish a withdrawal of the direct final rule in the Federal Register prior to the effective date informing the public that the direct final rule will not take effect. The February 11, 2016 proposed rule indicated that if the EPA received adverse comment on an amendment, paragraph, or section of the direct final rule and if that provision may be severed from the remainder of the rule, the EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

    We received a timely adverse comment on a specific test method for which we had approved rescission and found that our action on the test method (and other test methods and performance test specifications from the same approved SIP revision submittal) could be severed from the rest of the rule. Thus, we published a partial withdrawal of the direct final rule in the Federal Register at 81 FR 19495 (April 5, 2016), affecting only the action as it relates to the test method for which the comment was received (and the other test methods and performance test specifications that were submitted and approved on the same dates as the test method in question). In today's action, we provide our response to the public comment and take final action to approve the rescissions of the outdated test methods and performance test specifications based on the proposal published on February 11, 2016.

    II. Summary of Proposed Rule

    In our February 11, 2016 proposed rule (81 FR 7259), we directed commenters to the direct final rule for a detailed rationale for the proposed approval of the SIP revisions and for the proposed corrections. As such, the following paragraphs summarize the background information and evaluation included in the direct final rule also published on February 11, 2016 (81 FR 7209) as it relates to the test methods and performance test specifications that are the subject of this final rule.

    On March 10, 2015 and January 13, 2016, the Arizona Department of Environmental Quality (ADEQ) submitted rescissions of certain statutory and regulatory provisions from the applicable Arizona SIP. Under CAA section 110(k)(3), the EPA is obligated to approve, disapprove, or conditionally approve SIPs and SIP revisions, including rescissions. As noted above, the rescissions relate to certain statutory provisions, administrative and prohibitory rules, and test methods. In our February 11, 2016 direct final rule (81 FR 7209), we approved all of the rescissions included in the two SIP revisions except for certain test methods and performance test specifications, for which we withdrew direct final action. In our direct final rule, we also corrected certain errors in previous actions on prior revisions to the Arizona SIP and to make certain other corrections, but because no adverse comments were received on the corrections, we did not withdraw any part of the error corrections portion of the direct final rule.

    Table 1 lists the test methods and performance test specifications the rescission of which we withdrew direct final action, the dates on which the EPA approved the provisions as part of the SIP, and the dates on which ADEQ submitted the rescissions to the EPA.

    Table 1—Arizona SIP Regulatory Provisions That ADEQ Has Rescinded Regulatory provision Title EPA approval Rescission
  • submittal date
  • Arizona Testing Manual for Air Pollutant Emissions, Section 3.01 Method 1 Sample and Velocity Traverses for Stationary Sources 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.02 Method 2 Determination of Stack Gas Velocity and Volumetric Flow Rate (Type S Pitot Tube) 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.02 Method 2A Direct Measurement of Gas Volume Through Pipes and Small Ducts 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.02 Method 2B Determination of Exhaust Gas Volume Flow Rate from Gasoline Vapor Incinerators 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.03 Method 3 Gas Analysis for Carbon Dioxide, Excess Air, Dry Molecular Weight 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.03 Method 3A Determination of Oxygen and Carbon Dioxide Concentrations in Emissions from Stationary Sources (Instrumental Analyzer Procedure) 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.04 Method 4 Determination of Moisture in Stack Gases 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.05 Method 5 Determination of Particulate Emissions from Stationary Sources 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.06 Method 6 Determination of Sulfur Dioxide Emissions from Stationary Sources 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.07 Method 7 Determination of Nitrogen Oxide Emissions from Stationary Sources 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.08 Method 8 Determination of Sulfuric Acid Mist and Sulfur Dioxide Emissions from Stationary Sources 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.09 Method 9 Visual Determination of the Opacity of Emissions from Stationary Sources 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.10 Method 10 Determination of Carbon Monoxide Emissions from Stationary Sources 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.13 Method 13B Determination of Total Fluoride Emissions from Stationary Sources—Specific Ion Electrode Method 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.13 Method 13 Determination of Total Fluoride Emissions from Stationary Sources—SOADNS Zirconium Lake Method 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.14 Method 14 Determination of Total Fluoride Emissions from Potroom Roof Monitors for Primary Aluminum Plants 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.15 Method 15 Determination of Hydrogen Sulfide, Carbonyl Sulfide, and Carbon Disulfide Emissions from Stationary Sources 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 3.17 Method 17 Determination of Particulate Emissions from Stationary Sources (In-Stack Filtration Method) 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 4.01 Performance Specification 1: Performance specifications and specification test procedures for transmissometer systems for continuous measurement of the opacity of stack emissions 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 4.02 Performance Specification 2: Performance specifications and specification test procedures for monitors of SO2 and NOX from stationary sources 47 FR 17483 (April 23, 1982) January 13, 2016. Arizona Testing Manual for Air Pollutant Emissions, Section 4.03 Performance Specification 3: Performance specifications and specification test procedures for monitors of CO2 and O2 from stationary sources 47 FR 17483 (April 23, 1982) January 13, 2016.

    As explained in our February 11, 2016 direct final rule, in April 1982, the EPA approved sections 3 and 4 of the Arizona Testing Manual for Air Pollutant Emissions (“Arizona Testing Manual”) as a revision to the Arizona SIP. Section 3 of the Arizona Testing Manual includes certain test methods from 40 CFR part 60, appendix A, and section 4 of the Arizona Testing Manual includes certain performance test specifications from 40 CFR part 60, appendix B. Both the test methods and performance test methods approved into the Arizona SIP date from the 1970s.

    Over the years, the EPA's test methods and performance test specifications in 40 CFR part 60 have been revised, and thus, the versions of the test methods and performance test specifications approved as part of the Arizona SIP are outdated. Also, in recent years, the EPA has approved two state rules that in effect incorporate more recent versions of the EPA's test methods and performance test specifications into the Arizona SIP. See Arizona Administrative Code (AAC) R18-2-311 (“Test Methods and Procedures”) and appendix 2 (“Test Methods and Protocols”) for AAC, title 18, chapter 2.1 See 80 FR 67319 (November 2, 2015) and 79 FR 56655 (September 23, 2014). As such, the outdated test methods and performance test specifications approved as part of the Arizona Testing Manual need not be retained in the Arizona SIP. Thus, we found ADEQ's rescission of the outdated test methods and performance test specifications to be acceptable, and, under section 110(k), we proposed to approve the state's rescission of them from the Arizona SIP.

    1 R18-2-311 provides that applicable procedures and testing methods contained in, among other references, 40 CFR part 60, appendices A through F, shall be used to determine compliance with state requirements for stationary sources. Appendix 2 for AAC, title 18, chapter 2 incorporates by reference 40 CFR part 60 appendices revised as of July 1, 2006.

    For further information about the SIP revisions and our corresponding evaluation, please see our direct final rule (81 FR 7209, February 11, 2016).

    III. Public Comments and EPA Responses

    Our February 11, 2016 proposed rule provided for a 30-day comment period. During that period, we received a comment from a member of the public. Staff at EPA Region 9 contacted the commenter to clarify this comment on March 22, 2016. Our response to this comment is provided below.

    Comment: All legacy permits and emission sources administered under this [SIP] should allow the use of EPA Method 9 and/or EPA Broadly Applicable Alternative Method 082 for the measurement of opacity and evaluation of visible emissions. All new sources regulated under this plan should require the use of EPA Alternative Method 082 for the measurement of opacity and the evaluation of visible emission sources. People complain about what they can see and smell and the use of digital-camera-based visible emission evaluation is the best means to ensure public participation and support. The EPA declared ASTM D7520's Digital Camera Opacity Technique (DCOT) the Best Available Measurement Technology for visible emissions in the Ferroalloy Production NESHAP rule and this example should be followed in all State Implementation Plans.

    EPA Response: Under the existing SIP, EPA Method 9 is already allowed to be used. In fact, under the existing SIP, two versions of EPA Method 9 are approved for use: The version of EPA Method 9 approved at 47 FR 17483 (April 23, 1982) and the updated version of EPA Method 9 approved through approval of AAC R18-2-311 and appendix 2 for AAC, title 18, chapter 2, which incorporates by reference 40 CFR part 60 appendices (including EPA Method 9) revised as of July 1, 2006. Our approval of the state's rescission of the 1982 approved version of EPA Method 9 simply deletes that version from the SIP. The more current version of Method 9 continues to apply under the SIP.

    As far as alternative methods are concerned, AAC R18-2-311, which as noted above has been approved as part of the Arizona SIP, does provide for alternatives to EPA Method 9, but the alternative method so provided for does not include Broadly Applicable Alternative Method 082. More specifically, AAC R18-2-311(B) provides that a permit may specify a method, other than EPA Method 9, for determining the opacity of visible emissions from a particular emission unit, if the method has been promulgated by the EPA in 40 CFR part 60, appendix A. The EPA has approved and promulgated in 40 CFR part 60, appendix A only one alternative to Method 9: “Alternative Method 1—Determination of the Opacity of Emissions from Stationary Sources Remotely by LIDAR.” Thus, Alternative Method 082 is not specifically provided for under the Arizona SIP at the present time.2 The rescission of an outdated version of EPA Method 9 has no effect on the status of Alternative Method 082 in the Arizona SIP.

    2 We note, however, that under SIP-approved AAC R18-2-312 (“Performance tests”), data collected using other methods, such as Alternative Method 082 or ASTM D7520, may be used as evidence of compliance with applicable good maintenance and operating requirements.

    We do recognize that the EPA has approved Alternative Method 082 as an alternative to EPA Method 9 with certain limitations and for certain purposes. Alternative Method 082 specifies, with certain limitations, the use of American Society for Testing and Materials (ASTM) D7520-09 “Standard Test Method for Determining the Opacity of a Plume in the Outdoor Ambient Atmosphere” as an alternative to EPA Method 9 for sources subject to 40 CFR 60, 61, and 63. See 77 FR 8865 (February 15, 2012). We also note that the National Emissions Standards for Hazardous Air Pollutants (NESHAPS) for the Ferroalloys Production source category was recently amended following the EPA's request for comments on the use of new technologies to provide continuous or near continuous long term approaches to monitoring emissions from industrial sources for the Ferroalloy Production source category. After consideration of comments received and after evaluating the technologies, the EPA amended the Ferroalloys Production NESHAPS to, among other things, replace the weekly Method 9 opacity requirement with a weekly requirement to measure opacity using ASTM D7520-13 (i.e., an updated version of ASTM D7520-9) and the digital camera opacity technique (DCOT) to demonstrate compliance with the process fugitives standards. See 80 FR 37366 (June 30, 2015).

    However, use of Alternative Method 082's or ASTM D7520's digital camera technology by states to determine opacity of visible emissions is not a requirement for SIPs. The State of Arizona could consider a revision to its rules to allow the use of Alternative Method 082 (for appropriate applications and with appropriate limitations) or the most current version of ASTM D7520 if it chooses to do so, as long as the use of the DCOT in lieu of EPA Method 9 is consistent with EPA's approval of ASTM D7520-09 in Alternative Method 082. We generally support its inclusion in State programs where appropriate. The EPA would take action to approve or disapprove such a revision under CAA section 110(k) if the state were to adopt such a revision and submit it to the EPA as a SIP revision.

    IV. Final Action

    Pursuant to CAA section 110(k)(3), the EPA is approving the state's rescission of the outdated test methods and performance test specifications listed in Table 1 from the Arizona SIP because we believe they are no longer necessary to retain.

    V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely rescinds outdated test methods and performance test specifications as unnecessary to retain in the applicable SIP 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 Order 12866 (58 FR 51735, October 4, 1993);

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

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

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

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

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

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

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

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

    In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, this 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. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 28, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)).

    List of Subjects in 40 CFR Part 52

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

    Dated: April 15, 2016. Jared Blumenfeld, Regional Administrator, Region IX.

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

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

    42 U.S.C. 7401 et seq.

    Subpart D—Arizona 2. Section 52.120 is amended by adding paragraph (c)(29)(i)(B) to read as follows:
    § 52.120 Identification of plan.

    (c) * * *

    (29) * * *

    (i) * * *

    (B) Previously approved on April 23, 1982, in paragraph (c)(29)(i)(A) of this section and now deleted without replacement: Arizona Testing Manual for Air Pollutant Emissions, Sections 3.0 and 4.0.

    [FR Doc. 2016-10008 Filed 4-28-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R02-OAR-2015-0755; FRL-9945-71-Region 2] Approval and Promulgation of State Plans for Designated Facilities; Commonwealth of Puerto Rico; Control of Emissions From Existing Sewage Sludge Incineration Units AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving the State plan submitted by the Commonwealth of Puerto Rico to implement and enforce the Emission Guidelines (EG) for existing sewage sludge incineration (SSI) units. Puerto Rico's plan is consistent with the EG promulgated by the EPA on March 21, 2011. Puerto Rico's plan establishes emission limits and other requirements for the purpose of reducing toxic air emissions and other air pollutants from existing SSI units throughout the Commonwealth. At the request of Puerto Rico, the EPA is not taking action on a provision of its SSI plan allowing for affirmative defenses of Clean Air Act violations in the case of malfunctions. Puerto Rico submitted its plan to fulfill the requirements of sections 111(d) and 129 of the Clean Air Act.

    DATES:

    This rule is effective on May 31, 2016.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R02-OAR-2015-0755), to http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system).

    For additional submission methods, 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:

    Anthony (Ted) Gardella, Air Programs Branch, Environmental Protection Agency (EPA), Region 2, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-3892, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    I. What action is the EPA taking today?

    The EPA is approving Puerto Rico's State plan submitted to the EPA on July 30, 2014, for the control of air emissions from existing sewage sludge incineration (SSI) units throughout the Commonwealth. When the EPA developed the New Source Performance Standards (NSPS) (subpart LLLL) for SSI units on March 21, 2011, it concurrently promulgated Emission Guidelines (EG) (subpart MMMM) to control air emissions from existing SSI units. The Puerto Rico State SSI plan adopts and implements the EG applicable to existing SSI units, and establishes other requirements for SSI units constructed on or before October 14, 2010.

    The Puerto Rico Environmental Quality Board (PREQB) developed a plan, as required by sections 111(d) and 129 of the Clean Air Act (CAA), to adopt the EG into its body of regulations, and EPA is acting today to approve Puerto Rico's plan.

    As explained below, Puerto Rico requested in its July 30, 2014 submittal, that the EPA not take any action on a provision of the Puerto Rico State SSI plan allowing for affirmative defenses of CAA violations in the case of malfunctions.

    Therefore, the EPA is not taking action on the affirmative defense provision portion of Puerto Rico's State SSI plan.

    II. What is the background for Puerto Rico's request that EPA not take action on the affirmative defense provision?

    In an April 18, 2014 opinion, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit Court) vacated an affirmative defense in one of the EPA's Section 112 regulations. Natural Resources Defense Council v. Environmental Protection Agency, 749 F.3d 1055 (D.C. Circuit, 2014) (vacating affirmative defense provisions in the Section 112 rule establishing emission standards for Portland cement kilns). The court found that the EPA lacked authority to establish an affirmative defense for private civil suits and held that under the CAA, the authority to determine civil penalty amounts in such cases lies exclusively with the courts, not the EPA. The Office of General Counsel determined that EPA policy should reflect the court's decision. The vacated affirmative defense provision in the EPA's Portland cement MACT rule is identical to the affirmative defense provision in the EPA's SSI EG, promulgated on March 21, 2011, under sections 111(d) and 129 of the CAA, at § 60.5181 (“How do I establish an affirmative defense for exceedance of an emission limit or standard during a malfunction?”). Puerto Rico's State SSI plan adopted all the applicable requirements of the EPA's SSI EG, including the affirmative defense provisions at § 60.5181, into its State plan at Rule 405(d) of the Regulation for the Control of Atmospheric Pollution (RCAP). Specifically, Puerto Rico requested that the EPA not include the following affirmative defense provisions in Puerto Rico's Rule 405(d): (d)(2)(E), (d)(2)(E)(i) and (d)(2)(E)(ii) in Puerto Rico's State plan.

    Because of the April 2014 D.C. Court vacatur referred to above, Puerto Rico, in its July 30, 2014 submittal letter to the EPA, requested that the EPA not take action on the affirmative defense provision included in Puerto Rico's State SSI plan submitted to the EPA for approval on July 30, 2014.1

    1 On April 13, 2016, the EPA Administrator signed the final rule for the Federal SSI plan which would apply to SSI units that are not covered by an approved and effective state plan. The Federal plan does not include an affirmative defense to violations that result from malfunctions. The reader is referred to section IV.B. on page 82 of the prepublication version of the federal plan on EPA's Web site at: https://www3.epa.gov/ttn/atw/129/ssi/SSI%20final%20Federal%20Plan.pdf.

    Consequently, the EPA is not taking any action on those particular provisions of Puerto Rico's State SSI plan as discussed herein.

    III. What are the details of EPA's action?

    On March 21, 2011, in accordance with sections 111(d) and 129 of the CAA, EPA promulgated the SSI EG and compliance times for the control of emissions from existing SSI units. See 76 FR 15371. EPA codified these guidelines at 40 CFR part 60, subpart MMMM. They include a model rule at 40 CFR 60.5085 through 62.5250 that States may use to develop their own plans. Under that rule, EPA has defined an “SSI unit,” in part, as any incineration unit that combusts sewage sludge for the purpose of reducing the volume of the sewage sludge by removing combustible matter. 40 CFR 60.5250.

    On July 30, 2014,2 the Puerto Rico Environmental Quality Board submitted its section 111(d) State plan for implementing EPA's EG for existing SSI units located in the Commonwealth of Puerto Rico.

    2 In emails dated 6/04/2015, 8/10/2015 and 11/10/2015, Puerto Rico responded to EPA's requests to provide clarifying information concerning Puerto Rico's State SSI plan. This clarifying information also is available in EPA's docket at www.regulations.gov.

    Puerto Rico amended Rule 102, entitled “Definitions of the Regulation for the Control of Atmospheric Pollution (RCAP),” and incorporated Rule 405(d), entitled “Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units (SSI),” to include the requirements for implementing the SSI EG covered under Sections 111(d) and 129 of the CAA, and codified in 40 CFR part 60, subpart MMMM. Revisions to Puerto Rico's Rules 3 became effective on July 13, 2014.

    3 Puerto Rico's SSI regulation can be found at the Puerto Rico Environmental Quality Board's Web page at: http://www2.pr.gov/agencias/jca/LeyesyReglamentos/Pages/Reglamentos.aspx. Then look for RCAP Amendment Reg. 8485 for SSI units.

    For further details, the reader is referred to EPA's proposal located in the EPA's electronic docket at www.regulations.gov.

    IV. What comments were received on the proposed approval and how has the EPA responded to them?

    There were no comments received on the EPA's proposed rulemaking (80 FR 76894, December 11, 2015) regarding Puerto Rico's State plan for existing SSI units. The 30-day public comment period on the EPA's proposed approval ended on January 11, 2016.

    V. What is the EPA's conclusion?

    For the reasons described in this rulemaking and in EPA's proposal, the EPA is approving Puerto Rico's sections 111(d) and 129 plan for existing SSI units. However, as described above, the EPA is not taking any action on the affirmative defense provisions in Puerto Rico's Rule 405(d), as follows: (d)(2)(E), (d)(2)(E)(i) and (d)(2)(E)(ii) in Puerto Rico's State plan.

    VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a 111(d)/129 plan submission that complies with the provisions of the Act and applicable Federal regulations. 40 CFR 62.04. Thus, in reviewing 111(d)/129 plan 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 Order 12866 (58 FR 51735, October 4, 1993);

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

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

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

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

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

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

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

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

    In addition, this action does not have tribal implications as specified by Executive Order 13175, because the section 111(d)/129 plan is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this section.

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

    Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 28, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)).

    List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, Air pollution control, Aluminum, Fertilizers, Fluoride, Incorporation by reference, Intergovernmental relations, Paper and products industry, Phosphate, Reporting and recordkeeping requirements, Sulfur oxides, Sulfuric acid plants, Waste treatment and disposal.

    Dated: April 18, 2016. Judith A. Enck, Regional Administrator, Region 2.

    40 CFR part 62 is amended as follows:

    PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS 1. The authority citation for part 62 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    Subpart BBB—Puerto Rico 2. Add § 62.13109 and an undesignated heading to subpart BBB to read as follows: Air Emissions From Existing Sewage Sludge Incineration Units
    § 62.13109 Identification of plan.

    (a) On July 30, 2014, the Puerto Rico Environmental Quality Board (PREQB) submitted to the Environmental Protection Agency a section 111(d)/129 plan for implementation and enforcement of 40 CFR part 60, subpart MMMM—Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units. In emails dated June 4, 2015, August 10, 2015 and November 10, 2015, the PREQB submitted clarifying information concerning Puerto Rico's plan. The State plan includes revisions to Rule 102 and Rule 405 of the Puerto Rico Regulations for the Control of Atmospheric Pollution, entitled, “Definitions” and “Incineration,” Respectively. The revisions to Rules 102 and 405 became effective on July 13, 2014. At the request of Puerto Rico, EPA has not taken any action on a provision of its State plan allowing for affirmative defenses of Clean Air Act violations in the case of malfunctions.

    (b) Identification of sources: The plan applies to existing sewage sludge incineration (SSI) units that:

    (1) Commenced construction on or before October 14, 2010; or

    (2) Commenced a modification on or before September 21, 2011 primarily to comply with Puerto Rico's plan; and

    (3) Meets the definition of a SSI unit defined in Puerto Rico's plan.

    (c) The effective date of the plan for existing sewage sludge incineration units is May 31, 2016.

    [FR Doc. 2016-09862 Filed 4-28-16; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 173, and 178 [Docket No. PHMSA-2015-0271 (HM-261)] RIN 2137-AF15 Hazardous Materials: Incorporation by Reference Edition Update for the American Society of Mechanical Engineers Boiler and Pressure Vessel Code and Transportation Systems for Liquids and Slurries: Pressure Piping Code AGENCY:

    Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT).

    ACTION:

    Direct final rule.

    SUMMARY:

    This direct final rule incorporates by reference the most recent editions of the ASME Boiler and Pressure Vessel Code. The purpose of this update is to enable non-specification (nurse tank) manufacturers and other DOT and UN specification packaging manufacturers to utilize current technology, materials, and practices to help maintain a high level of safety. PHMSA is replacing the ASME referenced standard (1998 Edition) with the new, current ASME standard (2015 Edition) for boiler and pressure vessels. PHMSA is also replacing the ASME 1998 Edition referenced standard of ASME's Transportation Systems for Liquids and Slurries: Pressure Piping to the current 2012 Edition.

    DATES:

    Effective Date: This rule is effective June 28, 2016 without further action, unless adverse comment is received by May 31, 2016. If adverse comment or notice of intent to file an adverse comment is received, PHMSA will publish a timely withdrawal of the rule in whole or in part in the Federal Register before June 13, 2016.

    Incorporation by reference approval date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of [insert date 60 days after publication in the Federal Register].

    ADDRESSES:

    Comments should reference DOT Docket ID Number PHMSA-2015-0271 and may be submitted by any of the following methods:

    Federal Rulemaking Portal: http://www.regulations.gov. This Web site allows the public to enter comments on any Federal Register notice issued by any agency. Follow the online instructions for submitting comments.

    Fax: 1-202-493-2251

    Mail: Docket Management System; U.S. Department of Transportation, Docket Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001

    Hand Delivery: To U.S. Department of Transportation, Docket Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.

    Instructions: Include the agency name and docket number PHMSA-2015-0271 or RIN 2137-AF15 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to http://www.regulations.gov including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard. This rule is unrelated to PHMSA's Proposed Rule “Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code” (docket number PHMSA-2010-0019; RIN 2137-AE37).

    Privacy Act: Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.), as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

    Docket: You may view the public docket through the Internet at http://www.regulations.gov or in person at the Docket Operations office at the above address (See ADDRESSES).

    FOR FURTHER INFORMATION CONTACT:

    Alex B. Mitchell, Office of Chief Counsel, Pipeline and Hazardous Materials Safety Administration; telephone 202-366-4400; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    This direct final rule is published under authority of the Federal Hazardous Materials Transportation Law under 49 U.S.C. 5101 et seq. Section 5103(b) of Federal Hazmat Law authorizes the Secretary of Transportation to prescribe regulations for the safe transportation, including security, of hazardous materials in intrastate, interstate, and foreign commerce. The National Technology Transfer and Advancement Act of 1995 mandates that all federal agencies use technical standards developed and adopted by voluntary consensus standards bodies. The guidelines used by agencies to assess and report their conformity with the requirements of the Act are detailed in Office of Budget and Management (OMB) Circular No. A-119, entitled “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities.” OMB Circular No. A-119 recognizes that the vibrancy and effectiveness of the U.S. standards system in enabling innovation depends on continued private sector leadership and engagement.

    This rulemaking is a Direct Final Rule under PHMSA's rulemaking authority outlined in 49 CFR 106.40 to incorporate by reference the latest edition of a technical/industry standard. PHMSA has determined that this direct final rule is not a “significant regulatory action” as defined in section 3(f) of Executive Order 12866, and is not “significant” as defined in DOT's Regulatory Policies and Procedures. This rulemaking is exempt from the Office of Management and Budget review in accordance with Executive Order 12866.

    The Direct Final Rule Procedure

    PHMSA is issuing this direct final rule without prior notice and prior public comment. The Administrative Procedure Act provides that an agency may publish a final rule without prior notice and comment if the agency for good cause finds that the notice and comment procedure is unnecessary (49 U.S.C. 553(b)(B)). This rule will not make any significant substantive changes to the Hazardous Materials Regulations. Accordingly, PHMSA does not foresee adverse comments in response to this rulemaking, and consequently a 30-day notice and comment period is reasonable.

    The Regulatory Policies and Procedures of the Department of Transportation (DOT), 44 FR 1134, February 26, 1979, provide that to the maximum extent possible, operating administrations for the DOT should provide an opportunity for public comment on regulations issued without prior notice. Accordingly, PHMSA invites interested persons to participate in this rulemaking by submitting written comments. The agency also invites comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting this final rule.

    This direct final rule will take effect as indicated above unless PHMSA receives an adverse comment or notice of intent to file an adverse comment within the comment period. An adverse comment explains why a rule would be inappropriate or would be ineffective or unacceptable without a change. It may challenge the rule's underlying premise or approach. Under the direct final rule process, we do not consider the following types of comments to be adverse:

    (1) A comment recommending another rule change, in addition to the change in the direct final rule at issue, unless the commenter states why the direct final rule would be ineffective without the change.

    (2) A frivolous or irrelevant comment.

    If we receive an adverse comment or notice of intent to file an adverse comment, we will advise the public by publishing a document in the Federal Register before the effective date of the final rule. This document may withdraw the direct final rule in whole or in part. If we withdraw the direct final rule because of an adverse comment, we may incorporate the adverse comment into another direct final rule or may publish a notice of proposed rulemaking.

    See the “Additional Information” section for information on how to comment on this direct final rule and how PHMSA will handle comments received. The “Additional Information” section also contains related information about the docket, privacy, and the handling of proprietary or confidential business information. There is also information on obtaining copies of related rulemaking documents.

    I. Background

    This direct final rule adopts the most recent edition of a consensus technical standard, the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (2015 Edition) and ASME Code for Transportation Systems for Liquids and Slurries: Pressure Piping, B31.4-2012. The Boiler and Pressure Vessel Code enables nurse tank manufacturers and other DOT and UN specification packaging manufacturers to use current technology, materials, and practices. The incorporation of the most recent edition of the ASME Code improves clarity, consistency, accuracy, reduces unnecessary burdens on the regulated community, and will provide, at minimum, an equivalent level of safety for non-specification (nurse tanks) and specification tanks regulated under the Hazardous Materials Regulations (HMR). PHMSA is replacing the 1998 Edition of ASME Boiler and Pressure Vessel Code Sections with the following, current 2015 Edition of ASME Boiler and Pressure Vessel Code Sections:

    • Section II—Materials—Part A—Ferrous Materials Specifications • Section II—Materials—Part B—Nonferrous Material Specifications • Section V—Nondestructive Examination • Section VIII—Rules for Construction of Pressure Vessels Division 1 • Section IX—Welding, Brazing, and Fusing Qualifications

    PHMSA is also replacing the 1998 Edition of ASME B31.4-1998 Edition, Pipeline Transportation Systems for Liquid Hydrocarbons and other Liquids with the following, current 2012 Edition of ASME B31.4-2012, now titled Pipeline Transportation Systems for Liquids and Slurries as it relates to 49 CFR 173.5a “Oilfield service vehicles, mechanical displacement meter provers, and roadway striping vehicles exceptions.”

    For full access to these Sections, please see http://go.asme.org/PHMSA-ASME. PHMSA is aware that industry is already manufacturing nurse tanks and other specification cargo tanks in accordance with various ASME Editions between 1998 and 2015, and PHMSA is not aware of any adverse safety issues, as long as tanks have been properly built in accordance with ASME Editions. PHMSA recognizes the safety and validity of these ASME Editions published after the 1998 Edition as related to this rulemaking. This update will increase PHMSA's ability to ensure compliance with the 2015 ASME Edition related to non-specification (nurse tanks) and specification cargo tanks and with the 2012 ASME edition related to mechanical displacement meter provers.

    Standards Incorporated by Reference

    The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) directs Federal agencies to use voluntary consensus standards in lieu of government-written standards whenever possible. Voluntary consensus standards are standards developed or adopted by voluntary bodies that develop, establish, or coordinate technical standards using agreed upon procedures.

    PHMSA's Office of Hazardous Materials Safety adopts 187 voluntary consensus standards issued by 27 different technical organizations, and the Office participates in numerous national voluntary consensus standards committees. PHMSA adopts voluntary consensus standards applicable to packaging design, construction, maintenance, inspection, and repair when they are consistent with the safe transportation of hazardous materials. PHMSA reviews and approves for incorporation by reference updated versions based on this directive. When PHMSA believes some aspect of a standard does not meet an adequate level of safety, it will not incorporate the standard or the part of the standard that it believes is contradictory with the directive.

    Parts 171 through 180 incorporate by reference all or parts of standards and specifications developed and published by technical organizations, as referenced in 49 CFR 171.7, including, but not limited to, the American Petroleum Institute, American Society of Mechanical Engineers, American Society for Testing and Materials, Compressed Gas Association, International Organization for Standardization, Organization for Economic Cooperation and Development, and the United Nations. These organizations update and revise their published standards periodically to reflect modern technology and best technical practices. PHMSA has reviewed the revised voluntary consensus standards being incorporated in this final rule.

    New Edition of Standards 2015 Edition of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code • Section II—Materials—Part A—Ferrous Materials Specifications • Section II—Materials—Part B—Nonferrous Material Specifications

    Parts A and B of Section II are “Service Sections” to the other Sections of the Boiler and Pressure Vessel Code, and they provide material specifications for ferrous and nonferrous materials adequate for safety in the field of pressure equipment. These specifications contain requirements for chemical and mechanical properties, heat treatment, manufacture, heat and product analyses, and methods of testing.

    • Section V—Nondestructive Examination

    Section V contains requirements and methods for nondestructive examination, which are referenced and required by other Sections. It also includes manufacturers' examination responsibilities, duties of authorized inspectors and requirements for qualification of personnel, inspection and examination.

    • Section VIII—Rules for Construction of Pressure Vessels, Division 1

    Section VIII, Division 1 provides requirements applicable to the design, fabrication, inspection, testing, and certification of pressure vessels operation at either internal or external pressures exceeding 15 psig. Division 1 also contains mandatory and non-mandatory appendices detailing supplementary design criteria, nondestructive examination and inspection acceptance standards.

    • Section IX—Welding, Brazing, and Fusing Qualifications

    Section IX contains rules relating to the qualification of welding, brazing, and fusing procedures as required by other Sections for component manufacture. It also covers rules relating to the qualification and requalification of welders, brazers, and welding, brazing and fusing machine operators in order that they may perform welding, brazing, or plastic fusing as required by other Sections in the manufacture of components.

    The above editions of currently referenced standards are being incorporated by reference in 49 CFR 171.7, 173.315, and 178.338-3. These new Editions refine and clarify existing material in the standard and generally do not introduce new topics.

    2012 Edition of the American Society of Mechanical Engineers Pipeline Transportation Systems for Liquids and Slurries, ASME B31.4-2012 • This Edition covers piping and transporting liquids between production facilities, tank farms, natural gas processing plants, refineries, pump stations, ammonia plants, terminals (marine, rail, and truck), and other delivery and receiving points.

    The above standard is being incorporated by reference in 49 CFR 173.5a. This Edition refines and clarifies existing material in the standard and generally does not introduce new topics as related to mechanical displacement meter provers. PHMSA is not seeking or accepting comments on the unrelated, Proposed Rule entitled “Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code” (docket number PHMSA-2010-0019; RIN 2137-AE58). This rulemaking also has no impact on or relation to the Pipeline Safety Regulations at 49 Code of Federal Regulations Part 190-199.

    Incorporation By Reference Discussion Under 1 CFR Part 51

    The 2015 Edition of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code and the 2012 Edition of the American Society of Mechanical Engineers Pipeline Transportation Systems for Liquids and Slurries are freely accessible to the public for the full 30 day comment period online at http://go.asme.org/PHMSA-ASME. In addition, all Sections of the 2015 Edition of the Boiler and Pressure Vessel Code are available for purchase directly from ASME online at https://www.asme.org/shop/standards#des=BPVC and the 2012 Edition of the American Society of Mechanical Engineers Pipeline Transportation Systems for Liquids and Slurries is available for purchase directly from ASME online at https://www.asme.org/products/codes-standards/b314-2012-pipeline-transportation-systems-liquid. Members of the public may access hard copies of standards incorporated by reference at PHMSA's Hazardous Materials Information Center (HMIC) at the Department of Transportation Headquarters in Washington, DC. Members of the public may make arrangements to visit the HMIC by visiting HMIC's Web site at http://www.phmsa.dot.gov/hazmat/standards-rulemaking/hmic or by telephone at 800-467-4922. PHMSA staff will work directly with any person requesting access to these standards.

    PHMSA believes the majority of industry nurse tank manufacturers and other DOT and UN specification packaging manufacturers has already purchased and therefore possess and adhere to these standards in order to be certified under ASME's various certification programs. For example, products manufactured by ASME BPVC Certificate Holders are certified and stamped with a Certification Mark in accordance with the applicable ASME BPVC Section. According to ASME, there are currently more than 6,800 Certificate Holders in the ASME BPVC Certification Program. For more information on ASME's Certification Programs, please see https://www.asme.org/shop/certification-and-accreditation/boiler-and-pressure-vessel-certification.

    II. Regulatory Notices and Analyses A. Regulatory Flexibility Determination and Executive Order 13272

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), PHMSA is required to consider whether rulemaking actions would have a significant economic impact on a substantial number of small entities. This direct final rule ensures that manufacturers are able to use the most current editions of technical standards incorporated by reference. PHMSA concludes this rule does not have a significant negative economic impact on any small entity. Based on the facts available about the expected impact of this rulemaking, PHMSA certifies under Section 605 of the Regulatory Flexibility Act (5 U.S.C. 605) that this rulemaking will not have a significant economic impact on a substantial number of small entities.

    B. Paperwork Reduction Act

    There are no new information collection requirements in this direct final rule.

    C. Unfunded Mandates Assessment

    This direct final rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $155,000,000 or more, adjusted for inflation, to either State, local or tribal governments, in the aggregate, or to the private sector in any one year, and is the least burdensome alternative that achieves the objective of the rule.

    D. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda.

    E. Environmental Analysis

    The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321-4347), requires Federal agencies to consider the consequences of major federal actions and to prepare a detailed statement on any action that significantly affects the quality of the human environment. Since these new standards provide, at minimum, an equivalent level of protection to the currently referenced standards, it is unlikely that the adoption of these standards will have any impact on the environment. We find that there are no significant environmental impacts associated with this direct final rule. PHMSA invites comments about environmental impacts that could result from this direct final rule.

    III. Executive Order Determinations A. Executive Order 13132, Federalism

    PHMSA has analyzed the direct final rule according to Executive Order 13132 (64 FR 43255). This direct final rule does not have a substantial direct effect on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. The direct final rule does not impose substantial direct compliance costs on State and local governments. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply.

    B. Executive Orders 13563 and 12866 and DOT Policies and Procedures

    This direct final rule is not a significant regulatory action under section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was not subject to review by the Office of Management and Budget. This direct final rule is not significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034).

    In this direct final rule we are updating references to standards that are incorporated in the Hazardous Materials Regulations. These updates will enhance safety while reducing the compliance burden on the regulated industry. PHMSA welcomes public comments on potential costs and benefits of this regulatory action.

    C. Executive Order 13175

    This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (“Consultation and Coordination with Indian Tribal Governments”). Because the direct final rule does not significantly or uniquely affect the communities of the Indian tribal governments or impose substantial direct compliance costs, the funding and consultation requirements of Executive Order 13175 do not apply.

    IV. Additional Information A. Comments Invited

    PHMSA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. The agency also invites comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the rulemaking action in this document. The most helpful comments reference a specific portion of the rulemaking action, 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.

    PHMSA will file any comments it receives in the docket, as well as a report summarizing each substantive public contact with PHMSA personnel concerning this rulemaking. Before acting on this rulemaking action, PHMSA will consider all comments it receives on or before the closing date for comments. PHMSA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The agency may change this rulemaking action in light of the comments it receives.

    B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained online by—

    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);

    2. Visiting the PHMSA's Regulations and Policies Web page at http://www.phmsa.dot.gov/hazmat/standards-rulemaking, or;

    3. Accessing the Government Printing Office's Web page at http://www.thefederalregister.org/fdsys/.

    Copies may also be obtained by sending a request to the U.S. Department of Transportation, West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. Commenters must identify the docket or amendment number of this rulemaking.

    All documents PHMSA considered in developing this rulemaking action may be accessed from the Internet through the Federal eRulemaking Portal referenced in item (1) above.

    C. Where and When To File Comments

    Send comments to PHMSA in either of the following ways:

    (1) By mail to: Docket Management System, U.S. Department of Transportation, West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

    (2) Through the Internet at http://www.regulations.gov.

    Make sure your comments reach by the deadline. We will consider late filed comments to the extent possible. For further guidance on required information for written comments, see 49 CFR 106.65.

    D. Privacy Act Statement

    Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit http://www.regulations.gov/search/footer/privacyanduse.jsp.

    List of Subjects 49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous Waste, Imports, Incorporation by reference, Reporting and recordkeeping requirements.

    49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference, Packaging and containers, Radioactive materials, Reporting and recordkeeping requirements, Uranium.

    49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference, Motor vehicle safety, Packaging and containers, Reporting and recordkeeping requirements.

    In consideration of the foregoing, PHMSA is amending 49 CFR Chapter I, subchapter C, as follows:

    PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 1. The authority citation for part 171 continues to read as follows: Authority:

    49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134, section 31001; 49 CFR 1.81 and 1.97.

    2. In § 171.7, paragraph (g) is revised to read as follows:
    § 171.7 Reference material.

    (g) The American Society of Mechanical Engineers (ASME), 150 Clove Road, Little Falls, NJ 07424-2139, telephone 1-800-843-2763, http://www.asme.org.

    (1) 2015 ASME Boiler and Pressure Vessel Code (ASME Code), 2015 Edition, July 1, 2015 (as follows), into §§ 172.102; 173.3; 173.5b; 173.24b; 173.306; 173.315; 173.318; 173.420; 178.255-1; 178.255-2; 178.255-14; 178.255-15; 178.273; 178.274; 178.276; 178.277; 178.320; 178.337-1; 178.337-2; 178.337-3; 178.337-4; 178.337-6; 178.337-16; 178.337-18; 178.338-1; 178.338-2; 178.338-3; 178.338-4; 178.338-5; 178.338-6; 178.338-13; 178.338-16; 178.338-18; 178.338-19; 178.345-1; 178.345-2; 178.345-3; 178.345-4; 178.345-7; 178.345-14; 178.345-15; 178.346-1; 178.347-1; 178.348-1; 179.400-3; 180.407:

    (i) Section II—Materials—Part A—Ferrous Materials Specifications.

    (ii) Section II—Materials—Part B—Nonferrous Material Specifications.

    (iii) Section V—Nondestructive Examination.

    (iv) Section VIII—Rules for Construction of Pressure Vessels Division 1.

    (v) Section IX—Welding, Brazing, and Fusing Qualifications.

    (2) ASME B31.4-2012, Pipeline Transportation Systems for Liquids and Slurries, November 12, 2012, into § 173.5a.

    PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS 3. The authority citation for part 173 continues to read as follows: Authority:

    49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 1.97.

    4. In § 173.315, paragraph (m)(1)(i) is revised to read as follows:
    § 173.315 Compressed gases in cargo tanks and portable tanks.

    (m) * * *

    (1) * * *

    (i) Has a minimum design pressure of 250 psig, meets the requirements of Section VIII of the ASME Code (IBR, see § 171.7 of this subchapter), and is marked with a valid ASME plate.

    PART 178—SPECIFICATIONS FOR PACKAGINGS 5. The authority citation for part 178 continues to read as follows: Authority:

    49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

    6. In § 178.338-3, paragraph (a) is revised to read as follows:
    § 178.338-3 Structural integrity.

    (a) General requirements and acceptance criteria. (1) Except as permitted in paragraph (d) of this section, the maximum calculated design stress at any point in the tank may not exceed the lesser of the maximum allowable stress value prescribed in Section VIII of the ASME Code (IBR, see § 171.7 of this subchapter), or 25 percent of the tensile strength of the material used.

    (2) The relevant physical properties of the materials used in each tank may be established either by a certified test report from the material manufacturer or by testing in conformance with a recognized national standard. In either case, the ultimate tensile strength of the material used in the design may not exceed 120 percent of the minimum ultimate tensile strength specified in either the ASME Code or the ASTM standard to which the material is manufactured.

    (3) The maximum design stress at any point in the tank must be calculated separately for the loading conditions described in paragraphs (b), (c), and (d) of this section. Alternate test or analytical methods, or a combination thereof, may be used in lieu of the procedures described in paragraphs (b), (c), and (d) of this section, if the methods are accurate and verifiable.

    (4) Corrosion allowance material may not be included to satisfy any of the design calculation requirements of this section.

    Issued in Washington, DC, on April 25, 2016, under the authority delegated in 49 CFR part 1. Marie Therese Dominguez, Administrator, Pipeline and Hazardous Materials Safety Administration.
    [FR Doc. 2016-10027 Filed 4-28-16; 8:45 am] BILLING CODE 4910-60-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150818742-6210-02] RIN 0648-XE589 Fisheries of the Exclusive Economic Zone off Alaska; Longnose Skate in the Western Regulatory Area of the Gulf of Alaska AGENCY:

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

    ACTION:

    Temporary rule; closure.

    SUMMARY:

    NMFS is prohibiting retention of longnose skate in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2016 total allowable catch of longnose skate in the Western Regulatory Area of the GOA will be reached.

    DATES:

    Effective 1200 hours, Alaska local time (A.l.t.), April 26, 2016, through 2400 hours, A.l.t., December 31, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Josh Keaton, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.

    The 2016 total allowable catch (TAC) of longnose skate in the Western Regulatory Area of the GOA is 61 metric tons (mt) as established by the final 2016 and 2017 harvest specifications for groundfish of the GOA (81 FR 14740, March 18, 2016).

    In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2016 TAC of longnose skate in the Western Regulatory Area of the GOA will be reached. Therefore, NMFS is requiring that longnose skate in the Western Regulatory Area of the GOA be treated as prohibited species in accordance with § 679.21(b).

    Classification

    This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay prohibiting the retention of longnose skate in the Western Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of April 22, 2016.

    The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.

    This action is required by § 679.20 and § 679.21 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 26, 2016. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-10056 Filed 4-26-16; 4:15 pm] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150916863-6211-02] RIN 0648-XE590 Fisheries of the Exclusive Economic Zone Off Alaska; Greenland Turbot in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area AGENCY:

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

    ACTION:

    Temporary rule; closure.

    SUMMARY:

    NMFS is prohibiting directed fishing for Greenland turbot in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2016 Greenland turbot initial total allowable catch (ITAC) in the Aleutian Islands subarea of the BSAI.

    DATES:

    Effective 1200 hrs, Alaska local time (A.l.t.), May 1, 2016, through 2400 hrs, A.l.t., December 31, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Steve Whitney, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.

    The 2016 Greenland turbot ITAC in the Aleutian Islands subarea of the BSAI is 170 metric tons (mt) as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016). The Regional Administrator has determined that the 2016 ITAC for Greenland turbot in the Aleutian Islands subarea of the BSAI is necessary to account for the incidental catch of this species in other anticipated groundfish fisheries for the 2016 fishing year. Therefore, in accordance with § 679.20(d)(1)(i), the Regional Administrator establishes the directed fishing allowance for Greenland turbot in the Aleutian Islands subarea of the BSAI as zero mt. Consequently, in accordance with § 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for Greenland turbot in the Aleutian Islands subarea of the BSAI.

    After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip.

    Classification

    This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the directed fishing closure of Greenland turbot in the Aleutian Islands subarea of the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as April 25, 2016.

    The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.

    This action is required by § 679.20 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 25, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-09988 Filed 4-28-16; 8:45 am] BILLING CODE 3510-22-P
    81 83 Friday, April 29, 2016 Proposed Rules DEPARTMENT OF LABOR 2 CFR Part 2998 29 CFR Parts 95 and 98 RIN 1291-AA38 Department of Labor Implementation of OMB Guidance on Nonprocurement Debarment and Suspension AGENCY:

    Office of the Assistant Secretary for Administration and Management, Department of Labor.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The U.S. Department of Labor (DOL) is proposing to remove its regulations implementing the government-wide common rule on nonprocurement debarment and suspension, currently located in part 98 of title 29 of the Code of Federal Regulations (CFR), and adopting the Office of Management and Budget's (OMB) guidance at title 2 of the CFR. This regulatory action implements the OMB's initiative to streamline and consolidate into one title of the CFR all Federal regulations on nonprocurement debarment and suspension. These changes constitute an administrative simplification that would make no substantive change in DOL policy or procedures for nonprocurement debarment and suspension.

    DATES:

    Submit comments on the proposed rule by or before May 31, 2016.

    ADDRESSES:

    Comments may be submitted in two ways. All email comments regarding this rule should be sent to Ms. Duyen Tran Ritchie at [email protected] To ensure proper handling, please reference the RIN number in the subject line on your electronic correspondence. Alternatively, comments may be submitted electronically at http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Duyen Tran Ritchie, Office of Chief Procurement Officer, (202) 693-7277 [Note: This is not a toll-free telephone number]; or by email at [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    On November 26, 2003, at 68 FR 66534, DOL adopted the government-wide nonprocurement debarment and suspension common rule, which recast the nonprocurement debarment and suspension regulations in plain English and made other required updates.

    Thereafter, on May 11, 2004, at 69 FR 26276, OMB established title 2 of the CFR as the new central location for OMB guidance and agency implementing regulations concerning grants and agreements. This approach benefits the public by making it easier for the affected public to identify an agency's additions and clarifications to the Government-wide policies and procedures. In that action, OMB announced its intention to replace the common rules with OMB guidance that agencies could adopt. OMB began that process by proposing on August 31, 2005, at 70 FR 51863, an interim final guidance on non-procurement suspension and debarment. That guidance requires each agency to issue a brief rule that: (1) Adopts the guidance, giving it regulatory effect for that agency's activities; and (2) states any agency-specific additions or clarifications to the government-wide policies and procedures. The notice stated that the substantive content of the guidelines was intended to conform with the substance of the Federal agencies' most recent update in 2003 to the common rule. The guidance was finalized on November 15, 2006, at 71 FR 66431. The proposed regulatory actions will bring the Department into compliance with OMB's 2006 guidance.

    II. The Current Regulatory Actions

    Pursuant to requirements in OMB's guidance, DOL is proposing to take three actions. First, DOL would add a new part to its existing chapter XXIX under title 2 of the CFR subtitle B, which is a brief adoption of the OMB guidance and states DOL-specific additions and clarifications. Second, DOL would remove 29 CFR part 98, the part containing the common rule on nonprocurement debarment and suspension that the OMB guidance supersedes. Third, DOL would make technical corrections to provisions within 29 CFR part 95 to replace references to the earlier common rule. Taken together, these regulatory actions are solely an administrative simplification and are not intended to make any substantive change in policies or procedures.

    III. Public Participation

    The Department invites public comments on the proposed actions. Please submit comments by only one method. Receipt of comments will not be acknowledged; however, the Department will post all comments received on http://www.regulations.gov without making any change to the comments, including any personal information provided. The http://www.regulations.gov Web site is the Federal e-rulemaking portal, and all comments posted there are available and accessible to the public.

    The Department cautions commenters not to include personal information, such as Social Security Numbers, personal addresses, telephone numbers and email addresses, in comments, as such submitted information will become viewable by the public via http://www.regulations.gov. It is the responsibility of the commenter to safeguard personal information. Comments submitted through http://www.regulations.gov will not include the commenter's email address unless the commenter chooses to include that information as a part of a comment.

    IV. Regulatory Review A. Administrative Procedure Act

    The proposed rule would be solely an administrative simplification that would make no substantive change in DOL's policy or procedures for debarment and suspension. Consequently, the proposed rule qualifies for the “good cause” exception to the Administrative Procedure Act, see 5 U.S.C. 553(b)(B). However, the Department wishes to provide the public with an opportunity to submit comments on any aspect of the entire proposed rule.

    B. Executive Order 12866

    OMB has determined this proposed rule to be not significant for purposes of E.O. 12866.

    C. Regulatory Flexibility Act of 1980(5 U.S.C. 605(b))

    This proposed regulatory action will not have a significant adverse impact on a substantial number of small entities.

    D. Unfunded Mandates Act of 1995 (Sec. 202 Pub. L. 104-4)

    This proposed regulatory action does not contain a Federal mandate that will result in the expenditure by State, local, and tribal governments, in aggregate, or by the private sector of $100 million or more in any one year.

    E. Paperwork Reduction Act of 1995(44 U.S.C., Chapter 35)

    This regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act.

    F. Federalism (Executive Order 13132)

    This proposed regulatory action does not have Federalism implications, as set forth in Executive Order 13132. 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.

    G. Impact on Indian Tribes (Executive Order 13175)

    This proposed regulatory action does not have tribal implications under Executive Order 13175 that would require a tribal summary impact statement. The proposed rule would not have substantial direct effects 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.

    H. Interference With Protected Property Rights (Executive Order 12630)

    The proposed regulatory action is not subject to Executive Order 12630 because it does not involve implementation of a policy that has takings implications or that could impose limitations on private property use.

    List of Subjects 2 CFR Part 2998

    Administrative practice and procedure, Debarment and suspension, Government procurement, Grant programs, Grants administration, Reporting and recordkeeping requirements.

    29 CFR Part 95

    Grants and agreements with institutions of higher education, hospitals, and other non-profit organizations, and with commercial organizations, foreign governments, organizations under the jurisdiction of foreign governments, and international organizations.

    29 CFR Part 98

    Governmentwide debarment and suspension (nonprocurement).

    Dated: April 22, 2016. T. Michael Kerr, Assistant Secretary for Administration and Management.

    Accordingly, for the reasons set forth in the preamble, and under the authority of 5 U.S.C. 301; E.O. 12549 (3 CFR, 1986 Comp. p.189); E.O. 12689 (3 CFR, 1989 Comp. p.235); sec 2455 Public Law 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note), the United States Department of Labor proposes to amend the Code of Federal Regulations, title 2, subtitle B, and parts 95 and 98 of subtitle B of title 29, as follows:

    Title 2—Grants and Agreements 1. Add part 2998 to chapter XXIX of subtitle B to read as follows: CHAPTER XXIX—DEPARTMENT OF LABOR PART 2998—NONPROCUREMENT DEBARMENT AND SUSPENSION Sec. 2998.10 What does this part do? 2998.20 Does this part apply to me? 2998.30 What policies and procedures must I follow? Subpart A—General 2998.137 Who in the DOL may grant an exception to let an excluded person participate in a covered transaction? Subpart B—Covered Transactions 2998.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Subpart C—Responsibilities of Participants Regarding Transactions 2998.332 What requirements must I pass down to persons at lower tiers with whom I intend to do business? Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions 2998.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? Subparts E through J—[Reserved] Authority:

    5 U.S.C. 301; E.O. 12549 (3 CFR, 1986 Comp., p.189); E.O. 12689 (3 CFR, 1989 Comp., p. 235); sec 2455 Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note).

    § 2998.10 What does this part do?

    This part adopts the Office of Management and Budget (OMB) guidance in subparts A through I of 2 CFR part 180, as supplemented by this part, as the Department of Labor (DOL) policies and procedures for non-procurement debarment and suspension. It thereby gives regulatory effect for DOL to the OMB guidance as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR 1986 Comp., p. 189); Executive Order 12689, “Debarment and Suspension” (3 CFR 1989 Comp., p. 235); and section 2455 of the Federal Acquisition Streamlining Act of 1994, 103 (31 U.S.C. 6101 note).

    § 2998.20 Does this part apply to me?

    This part and, through this part, pertinent portions of the OMB guidance in subparts A through I of 2 CFR part 180 (see table at 2 CFR 180.100(b)) apply to you if you are a—

    (a) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “non-procurement transaction” at 2 CFR 180.970);

    (b) Respondent in a Department of Labor suspension or debarment action;

    (c) Department of Labor debarment or suspension official; or

    (d) Department of Labor grants officer, agreements officer, or other official authorized to enter into any type of non-procurement transaction that is a covered transaction.

    § 2998.30 What policies and procedures must I follow?

    (a) The Department of Labor's policies and procedures that you must follow are specified in:

    (1) Each applicable section of the OMB guidance in subparts A through I of 2 CFR part 180; and

    (2) The supplement to each section of the OMB guidance that is found in this part under the same section number. (The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) as supplemented by section 220 in this part (i.e., Sec. 2998.220)).

    (b) For any section of OMB guidance in subparts A through I of 2 CFR part 180 that has no corresponding section in this part, the Department of Labor's policies and procedures are those in the OMB guidance.

    Subpart A—General
    § 9808.137 Who in DOL may grant an exception to let an excluded person participate in a covered transaction?

    Within the Department of Labor, the Secretary of Labor or designee has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance at 2 CFR 180.135. If any designated official grants an exception, the exception must be in writing and state the reason(s) for deviating from the government-wide policy in Executive Order 12549.

    Subpart B—Covered Transactions
    § 2998.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions?

    In addition to the contracts covered under 2 CFR 180.220(b) of the OMB guidance, this part applies to any contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the contract is to be funded or provided by the Department of Labor under a covered non-procurement transaction. This extends the coverage of the Department of Labor non-procurement suspension and debarment requirements to all lower tiers of subcontracts under covered non-procurement transactions, as permitted under the OMB guidance at 2 CFR 180.220(c) (see optional lower tier coverage in the figure in the appendix to 2 CFR part 180).

    Subpart C—Responsibilities of Participants Regarding Transactions
    § 2998.332 What requirements must I pass down to persons at lower tiers with whom I intend to do business?

    You, as a participant, must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.

    Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions
    § 2998.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435?

    To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, and supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.

    Subparts E through J—[Reserved] Title 29—Labor
    PART 95—[AMENDED]
    2. The authority citation for part 95 continues to read as follows: Authority:

    5 U.S.C. 301; OMB Circular A-110, as amended, as codified at 2 CFR part 215.

    § 95.2 [Amended]
    3. Section 95.2 is amended in paragraph (mm) by revising the first citation “29 CFR part 98” to read “2 CFR part 2998” and revising the second citation “29 CFR part 98, subpart D” to read “29 CFR part 98”.
    § 95.13 [Amended]
    4. Section 95.13 is amended by revising the citation “29 CFR part 98” to read “2 CFR part 2998”.
    § 95.44 [Amended]
    5. Section 95.44 is amended in paragraph (d) by revising the citation “29 CFR part 98” to read “2 CFR part 2998”.
    § 95.62 [Amended]
    6. Section 95.62 is amended in paragraph (d) by revising the citation “29 CFR part 98” to read “2 CFR part 2998”. Appendix A to Part 95—[Amended] 7. Appendix A to part 95 is amended in paragraph 7 by removing the citation “29 CFR part 98” and adding in its place the citation to read “2 CFR part 2998”. PART 98—[REMOVED] 8. Remove part 98.
    [FR Doc. 2016-10014 Filed 4-28-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-4031; Directorate Identifier 2014-SW-072-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Helicopters (Type Certificate Previously Held by Eurocopter France) AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to supersede airworthiness directive (AD) 2013-15-03 for Eurocopter France Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, and AS350D1 helicopters with a single hydraulic system and a certain hydraulic pump drive assembly installed. AD 2013-15-03 requires inspecting the hydraulic pump drive bearing (bearing) for leaks, rust, overheating, and condition. This proposed AD would add a requirement to grease the bearing and inspect for bronze particles in the grease, as well as change the inspection and inspection intervals of the bearing until it is replaced with an improved bearing. These proposed actions are intended to prevent hydraulic pump drive belt failure, loss of hydraulic servo assistance, and subsequent loss of helicopter control.

    DATES:

    We must receive comments on this proposed AD by June 28, 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-2015-4031; 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) ADs, 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 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:

    Matt Wilbanks, Aviation Safety Engineer, Regulations and Policy 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

    On July 11, 2013, we issued AD 2013-15-03, Amendment 39-17519 (78 FR 44422, July 24, 2013) for Eurocopter France (now Airbus Helicopters) Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, and AS350D1 helicopters. AD 2013-15-03 requires visually inspecting the bearing for leaks, rust, overheating, and condition and manually rotating the bearing and inspecting for friction points, brinelling, and noise. If any of these conditions exist, AD 2013-15-03 requires replacing the hydraulic pump drive assembly. AD 2013-15-03 was prompted by six reports of hydraulic pump drive belt failure caused by bearing seizures. These actions are intended to prevent hydraulic pump drive belt failure, loss of hydraulic servo assistance, and subsequent loss of helicopter control.

    AD 2013-15-03 was prompted by AD No. 2013-0044-E, dated February 27, 2013, issued by EASA, which is the Technical Agent for the Member States of the European Union, to correct an unsafe condition for Eurocopter France Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350D, and non-FAA type-certificated Model AS350BB helicopters. EASA advised of hydraulic pump drive belt failures caused by seizure of the bearing. EASA stated that this condition, for helicopters with a single hydraulic system, could lead to loss of hydraulic servo assistance and an increase in pilot workload to the point that the helicopter needs to land as soon as possible. AD No. 2013-0044-E consequently required repetitive inspections of the hydraulic pump drive belt and bearing and, if required, replacing the hydraulic pump drive assembly.

    Actions Since AD 2013-15-03 Was Issued

    Since we issued AD 2013-15-03 (78 FR 44422, July 24, 2013), EASA superseded AD No. 2013-0044-E with AD No. 2013-0284-E, dated December 2, 2013, which added a new greasing procedure and changed the inspection, reduced the inspection intervals, and required marking the pump support assemblies after corrective action or replacing the pump support assemblies as terminating action. EASA AD No. 2013-0284-E advised that the hydraulic pump drive failure was caused by accidental indentation of the raceways from incorrect fitting of the bearing. Airbus Helicopters then introduced a new bearing, part number (P/N) 704A33651269, to replace bearing P/N 704A33651243. This replacement corrects the unsafe condition as it has a reduced pre-loading value, which significantly improves its reliability. EASA consequently revised AD No. 2013-0284-E with AD No. 2013-0284R1, dated July 25, 2014, to exclude helicopters that had replaced the bearing with bearing P/N 704A33651269.

    Because new cases of hydraulic pump drive bearing seizures continued to be reported on bearing P/N 704A33651243, EASA superseded AD No. 2013-0284R1 with EASA AD No. 2014-0233, dated October 23, 2014, to retain the inspections and require replacement of bearing P/N 704A33651243 with bearing P/N 704A33651269. Installation of the new bearing constitutes terminating action for the repetitive inspections.

    FAA's Determination

    These helicopters have been approved by the aviation authority of France and are approved for operation in the United States. Pursuant to our bilateral agreement with France, 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 No. AS350-63.00.24, Revision 0, dated October 21, 2014 (ASB), for Model AS350B, AS350BA, AS350BB, AS350B1, AS350B2, AS350B3, AS350D, and military Model AS350L1 helicopters with a single hydraulic system and a hydraulic pump drive assembly P/N 350A35-0132-00. The ASB calls for mandatory replacement of bearing P/N 704A33651243 with bearing P/N 704A33651269 and introduces a preventative maintenance operation for bearing P/N 704A33651243 until it is replaced.

    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 for each bearing with less than 115 hours time-in-service (TIS), before accumulating 150 hours TIS, and for each bearing with 115 or more hours TIS, within 50 hours TIS, and for all helicopters thereafter at intervals not to exceed 150 hours TIS:

    • Greasing the bearing, performing a test ground run, and then inspecting for bronze particles all grease that comes out of the bearing during the ground run and all grease around the bearing.

    • If there are any bronze particles in the grease, before further flight, replacing the bearing with bearing P/N 704A33651269. This action would constitute terminating action for the inspections in this AD.

    Within 600 hours TIS and thereafter at intervals not to exceed 600 hours TIS, this proposed AD also would require:

    • Visually inspecting the bearing for bronze particles in the grease. If there are any bronze particles in the grease, before further flight, replacing the bearing with bearing P/N 704A33651269. This would constitute terminating action for the inspections in this proposed AD.

    • Manually rotating the bearing and inspecting for a friction point, brinelling, and a noise from the bearing. If there is a hard point, any brinelling, or any noise from the bearing, before further flight, replacing the bearing with an airworthy bearing.

    Replacing bearing P/N 704A33651243 with bearing P/N 704A33651269, or replacing hydraulic pump drive assembly P/N 350A35-0132-00 with hydraulic pump drive assembly P/N 350A35-0132-01, would constitute terminating action for the inspections required by this proposed AD.

    Differences Between This Proposed AD and the EASA AD

    The EASA AD applies to Airbus Helicopters Model AS350BB helicopters, and this proposed AD would not because the Model AS350BB has no FAA-issued type certificate. This proposed AD would apply to Model AS350D1 and AS350C helicopters, while the EASA AD does not.

    Costs of Compliance

    We estimate that this proposed AD would affect 729 helicopters of U.S. Registry and that labor costs average $85 per work hour. Based on these estimates, we expect the following costs:

    • Greasing and visually inspecting the bearing would require 1.5 work hours and no parts would be needed. We estimate a total cost of $128 per helicopter and $93,312 for the U.S. fleet per inspection cycle.

    • Inspecting and manually rotating the bearing would require 2 work hours and no parts would be needed. We estimate a total cost of $170 per helicopter and $123,930 for the U.S. fleet per inspection cycle.

    • Replacing the bearing would require 2 work hours and $1,571 for parts, for a total cost of $1,741 per helicopter and $1,269,189 for the U.S. fleet.

    • Replacing the hydraulic pump drive assembly would require 2 work hours and $8,543 for parts, for a total cost of $8,713 per helicopter and $6,351,777 for the U.S. fleet.

    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 removing Airworthiness Directive (AD) 2013-15-03, Amendment 39-17519 (78 FR 44422, July 24, 2013), and adding the following new AD: Airbus Helicopters (Previously Eurocopter France): Docket No. FAA-2015-4031; Directorate Identifier 2014-SW-072-AD. (a) Applicability

    This AD applies to Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, and AS350D1 helicopters with a hydraulic pump drive bearing (bearing) part number (P/N) 704A33651243 installed, certificated in any category.

    (b) Unsafe Condition

    This AD defines the unsafe condition as seizure of the hydraulic pump drive pulley bearing. This condition could result in hydraulic pump drive belt failure, loss of hydraulic servo assistance, and subsequent loss of control of the helicopter.

    (c) Affected ADs

    This AD supersedes AD 2013-15-03, Amendment 39-17519 (78 FR 44422, July 24, 2013).

    (d) Comments Due Date

    We must receive comments by June 28, 2016.

    (e) 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.

    (f) Required Actions

    (1) For each bearing with less than 115 hours time-in-service (TIS), before accumulating 150 hours TIS, and for each bearing with 115 or more hours TIS, within 50 hours TIS, and for all helicopters thereafter at intervals not to exceed 150 hours TIS:

    (i) Grease each bearing in accordance with the Accomplishment Instructions, paragraph 3.B.2.b., of Airbus Helicopters Alert Service Bulletin No. AS350-63.00.24, Revision 0, dated October 21, 2014 (ASB).

    (ii) Perform a test ground run. Inspect all grease that comes out of the bearing during the ground run and all grease around the bearing for bronze particles.

    (iii) If there are any bronze particles in the grease, before further flight, replace the bearing with bearing P/N 704A33651269. This constitutes terminating action for the inspections in this AD.

    Note 1 to paragraph (f)(1)(iii) of this AD:

    Hydraulic pump drive assembly P/N 350A35-0132-01 is fitted with bearing P/N 704A33651269.

    (2) Within 600 hours TIS and thereafter at intervals not to exceed 600 hours TIS:

    (i) Visually inspect the bearing for bronze particles in the grease. If there are any bronze particles in the grease, before further flight, replace the bearing with bearing P/N 704A33651269. This constitutes terminating action for the inspections in this AD.

    (ii) Manually rotate the bearing and inspect for a friction point, brinelling, and a noise from the bearing. If there is a hard point, any brinelling, or any noise from the bearing, before further flight, replace the bearing with bearing P/N 704A33651269.

    (3) Replacing bearing P/N 704A33651243 with bearing P/N 704A33651269, or replacing hydraulic pump drive assembly P/N 350A35-0132-00 with hydraulic pump drive assembly, P/N 350A35-0132-01, constitutes terminating action for the inspections required by this AD.

    (g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Matt Wilbanks, Aviation Safety Engineer, 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.

    (h) Additional Information

    The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2014-0233, dated October 23, 2014. You may view the EASA AD on the Internet at http://www.regulations.gov in Docket No. FAA-2015-4031.

    (i) Subject

    Joint Aircraft Service Component (JASC) Code: 2913, Hydraulic Pump (Electric/Engine), Main.

    Issued in Fort Worth, Texas, on April 21, 2016. Scott A. Horn, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2016-09947 Filed 4-28-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 176 [Docket No. FDA-2016-F-1153] 3M Corporation; Filing of Food Additive Petition AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of petition.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is announcing that we have filed a petition, submitted by Keller and Heckman LLP on behalf of 3M Corporation (Petitioner), requesting that we amend our food additive regulations to no longer provide for the use of two different perfluoroalkyl containing substances as water and oil repellents for paper and paperboard in contact with aqueous and fatty foods because these uses have been abandoned.

    DATES:

    Submit either electronic or written comments by June 28, 2016.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2016-F-1153 for “Filing of Food Additive Petition: 3M Corporation.” 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:

    Vanee Komolprasert, Center for Food Safety and Applied Nutrition (HFS-275), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740-3835, 240-402-1217.

    SUPPLEMENTARY INFORMATION: I. Background

    Under section 409(b)(5) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 348(b)(5)), we are giving notice that we have filed a food additive petition (FAP 6B4814) submitted on behalf of 3M Corporation (Petitioner) by Keller and Heckman LLP, 1001 G Street NW., Suite 500 West, Washington, DC 20001. The petition proposes that we amend 21 CFR 176.170 to no longer provide for the use of two different perfluoroalkyl containing substances as components of paper and paperboard in contact with aqueous and fatty foods because these uses have been intentionally and permanently abandoned. The two petitioned substances are as follows:

    1. Ammonium bis (N-ethyl-2-perfluoroalkylsulfonamido ethyl) phosphates, containing not more than 15 percent ammonium mono (N-ethyl-2-perfluoroalkylsulfonamido ethyl) phosphates, where the alkyl group is more than 95 percent C8 and the salts have a fluorine content of 50.2 percent to 52.8 percent as determined on a solids basis; and

    2. Perfluoroalkyl acrylate copolymer (CAS Reg. No. 92265-81-1) containing 35 to 40 weight percent fluorine, produced by the copolymerization of ethanaminium, N,N,N-trimethyl-2-[(2-methyl-1-oxo-2-propenyl)-oxy]-, chloride; 2-propenoic acid, 2-methyl-, oxiranylmethyl ester; 2-propenoic acid, 2-ethoxyethyl ester; and 2-propenoic acid, 2[[(heptadecafluoro-octyl)sulfonyl]methyl amino]ethyl ester.

    FDA authorized use of these two substances under 21 CFR 176.170 in response to food additive petitions submitted by the Petitioner (33 FR 14544, September 27, 1968; 35 FR 14840, September 24, 1970; 37 FR 9762, May 17, 1972; and 52 FR 3603, February 5, 1987). II. Abandonment

    Under section 409(i) of the FD&C Act, we “shall by regulation prescribe the procedure by which regulations under the foregoing provisions of this section may be amended or repealed, and such procedure shall conform to the procedure provided in this section for the promulgation of such regulations.” Our regulations specific to administrative actions for food additives provide that the Commissioner, on his own initiative or on the petition of any interested person, under 21 CFR part 10, may propose the issuance of a regulation amending or repealing a regulation pertaining to a food additive or granting or repealing an exception for such additive (§ 171.130(a) (21 CFR 171.130(a))). These regulations further provide that any such petition shall include an assertion of facts, supported by data, showing that new information exists with respect to the food additive or that new uses have been developed or old uses abandoned, that new data are available as to toxicity of the chemical, or that experience with the existing regulation or exemption may justify its amendment or appeal. New data shall be furnished in the form specified in 21 CFR 171.1 and 171.100 for submitting petitions (21 CFR 171.130(b)). Under these regulations, a petitioner may propose that we amend a food additive regulation if the petitioner can demonstrate that there are “old uses abandoned” for the relevant food additive. Such abandonment must be complete for any intended uses in the U.S. market. While section 409 of the FD&C Act and § 171.130 also provide for amending or revoking a food additive regulation based on safety, an amendment or revocation based on abandonment is not based on safety, but is based on the fact that regulatory authorization is no longer necessary because the use of the food additive has been abandoned.

    Abandonment may be based on the abandonment of certain authorized food additive uses for a substance (e.g., if a substance is no longer used in certain product categories), or on the abandonment of all authorized food additive uses of a substance (e.g., if a substance is no longer being manufactured). If a petition seeks an amendment to a food additive regulation based on the abandonment of certain uses of the food additive, such uses must be adequately defined so that both the scope of the abandonment and any amendment to the food additive regulation are clear.

    The petition submitted on behalf of 3M Corporation includes the following information to support the claim that the uses of the two respective substances are no longer being introduced into the U.S. market. The Petitioner provides a statement that, to the best of the Petitioner's knowledge, the Petitioner was the sole and exclusive domestic and international manufacturer of the two respective substances for the abandoned uses and that the Petitioner does not currently manufacture them for food contact use in the U. S. In addition, the Petitioner submitted information on its May 2000 agreement with the U.S. Environmental Protection Agency (EPA) to voluntarily phase out production of perfluorooctane sulfonate (PFOS), which is used to produce the two petitioned substances (https://www.epa.gov/sites/production/files/2014-04/documents/factsheet_contaminant_pfos_pfoa_march2014.pdf). According to the petition, the Petitioner completed a voluntary phase-out of PFOS production in 2002. The Petitioner states that it does not intend to manufacture or import, nor does it maintain an inventory for sale or distribution, of the two respective substances for use in food-contact applications in the U.S. in the future.

    We expressly request comments on the Petitioner's request to amend 21 CFR 176.170 of the food additive regulations to no longer permit the use of the two respective perfluoroalkyl containing substances as water and oil repellants for paper and paperboard in contact with aqueous and fatty foods. More specifically, these two petitioned substances as identified in this section may currently be used as components of the uncoated or coated food-contact surface of paper and paperboard for use in contact with aqueous and fatty foods, subject to the provisions of 21 CFR 176.170. As noted, the basis for the proposed amendment is that the uses of the respective substances have been permanently and completely abandoned. Accordingly, we request comments that address whether these uses of the respective substances have been completely abandoned, such as information on whether food-contact paper and paperboard containing the two respective substances are currently being introduced or delivered for introduction into the U.S. market. Furthermore, we request comments on whether the uses that are the subject of the petition have been adequately defined. We are not aware of information that suggests continued use of the respective substances as water and oil repellents for paper and paperboard in contact with aqueous and fatty foods. We are providing the public with 60 days to submit comments. We anticipate that some interested persons may wish to provide FDA with certain information they consider to be trade secret or confidential commercial information (CCI) that would be exempt under Exemption 4 of the Freedom of Information Act (5 U.S.C. 552). Interested persons may claim information that is submitted to FDA as CCI or trade secret by clearly marking both the document and the specific information as “confidential.” Information so marked will not be disclosed except in accordance with the Freedom of Information Act (5 U.S.C. 552) and the FDA's disclosure regulations (21 CFR part 20). For electronic submissions to http://www.regulations.gov, indicate in the “comments” box of the appropriate docket that your submission contains confidential information. Interested persons must also submit a copy of the comment that does not contain the information claimed as confidential for inclusion in the public version of the official record. Information not marked confidential will be included in the public version of the official record without prior notice.

    We are not requesting comments on the safety of the uses of these two perfluoroalkyl containing substances because, as discussed previously in this document, such information is not relevant to abandonment, which is the basis of the proposed action. Any comments addressing the safety of the two perfluoroalkyl containing substances or containing safety information on these substances will not be considered in our evaluation of this petition.

    We have determined under 21 CFR 25.32(m) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required.

    Dated: April 22, 2016. Dennis M. Keefe, Director, Office of Food Additive Safety, Center for Food Additive Safety and Applied Nutrition.
    [FR Doc. 2016-09932 Filed 4-28-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, 173, 178, 179 and 180 [Docket No. PHMSA-2010-0019 (HM-241)] RIN 2137-AE58 Hazardous Materials: Incorporation of ASME Code Section XII and the National Board Inspection Code AGENCY:

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

    ACTION:

    Supplemental Notice of Proposed Rulemaking (SNPRM).

    SUMMARY:

    This SNPRM proposes to incorporate and allow the use of the 2015 edition of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, Section XII—Rules for Construction and Continued Service of Transport Tanks for the construction and continued service of cargo tank motor vehicles (CTMVs), cryogenic portable tanks, and multi-unit tank car tanks (“ton tanks”). The PHMSA also proposes to incorporate and authorize the use of the 2015 edition of the National Board of Boiler and Pressure Vessel Inspectors National Board Inspection Code, in our regulations as it applies to the continued service of CTMVs, cryogenic portable tanks, and ton tanks constructed to ASME Section XII standards, as well as for existing CTMVs constructed in accordance with the current hazardous materials regulations. If adopted, these amendments will allow for flexibility regarding selection of authorized packaging, in addition to qualification and maintenance for continued service of the packaging, without compromising safety.

    DATES:

    Submit comments by June 28, 2016. To the extent possible, PHMSA will consider late-filed comments as we determine whether additional rulemaking is necessary.

    ADDRESSES:

    You may submit comments identified by the docket number [PHMSA-2010-0019 (HM-241)] by any of the following methods:

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

    Fax: 1-202-493-2251.

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

    Hand Delivery: To Docket Operations, Room W12-140 on the ground floor of the West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays.

    Instructions: All submissions must include the agency name and docket number for this notice at the beginning of the comment. Note that all comments received will be posted without change to the docket management system, including any personal information provided.

    Docket: For access to the dockets to read background documents or comments received, go to http://www.regulations.gov or DOT's Docket Operations Office (see ADDRESSES). To access and review ASME's Section XII—Rules for Construction and Continued Service of Transport Tanks; and the National Board's NBIC Parts 1, 2, and 3, and Part 2, Section 6, Supplement 6—Continued Service and Inspection of DOT Transport Tanks, and Part 3, Section 6, Supplement 6—Repair, Alteration, and Modification of DOT Transport Tanks, go to: http://go.asme.org/PHMSA-ASME-CFR.

    Privacy Act: Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 [65 FR 19477] or you may visit http://www.dot.gov/privacy.

    FOR FURTHER INFORMATION CONTACT:

    Dirk Der Kinderen, Hazardous Materials Standards and Rulemaking Division, (202) 366-8553, or Stanley Staniszewski, Engineering and Research Division, (202) 366-4492, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Executive Summary II. ASME and NBIC Background A. What is ASME? B. What is Section XII of the Boiler and Pressure Vessel Code? C. What is the National Board of Boiler and Pressure Vessel Inspectors? D. What is the National Board Inspection Code and Supplement 6? III. Regulatory History and Response to Comments A. ANPRM B. NPRM IV. SNPRM Summary A. Why are we issuing a supplemental notice? B. What are we proposing? C. Why incorporate by reference? D. Are there any major changes of note between the 2015 and 2013 editions of Section XII and the NBIC (including Supplement 6)? V. Section-by-Section Review VI. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Order 12866, Executive Order 13563, Executive Order 13610, and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act, Executive Order 13272, and DOT Regulatory Policies and Procedures F. Paperwork Reduction Act G. Regulation Identifier Number (RIN) H. Unfunded Mandates Reform Act I. Environmental Assessment J. Privacy Act K. International Trade Analysis VII. List of Subjects I. Executive Summary

    The PHMSA (also “we” or “us”) proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to incorporate by reference and authorize the use of the following:

    • The 2015 edition of American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (BPVC), Section XII—Rules for Construction and Continued Service of Transport Tanks (hereinafter referred to as “Section XII”); and

    • The 2015 edition of the National Board of Boiler and Pressure Vessel Inspectors National Board Inspection Code (NBIC), Parts 1, 2, and 3, and Supplement 6 (hereinafter referred to as “NBIC” and “Supplement 6,” respectively);

    The proposal is structured to provide an alternative to the 1998 editions of ASME Section VIII, Division 1 (currently incorporated by reference (IBR) and hereinafter referred to as “Section VIII, Division 1”) and the HMR requirements in Part 178 for the construction of cargo tank motor vehicles (CTMVs) and cryogenic portable tanks, Part 179 for the construction of multi-unit tank car tanks (hereinafter referred to as “ton tanks”), and Part 180 for the continuing qualification and maintenance of CTMVs, cryogenic portable tanks, and ton tanks. We previously responded to petitions submitted by industry representatives by publishing a notice of proposed rulemaking (NPRM) 1 to incorporate the 2013 editions of Section XII and the NBIC (including Supplement 6). Section XII sets forth standards for construction 2 and continued service 3 of pressure vessels used for transporting hazardous materials by various modes of transportation. The NBIC and Supplement 6 provide rules and guidelines for inspecting, repairing, and altering transport tanks. Table 1 lists the packagings for which Section XII may be used for construction.

    1 December 30, 2013 [78 FR 79363].

    2 “Construction” is an all-inclusive term comprising materials, design, fabrication, examination, inspection, testing, certification, and over-pressure protection.

    3 “Continued service” is an all-inclusive term referring to inspection, testing, repair, alteration, and recertification of a transport tank that has been in service.

    Table 1—Authorized Transport Tanks Under Section XII Tank type Specification Cargo Tank Motor Vehicles (CTMVs) MC 331, 338, and DOT 406, 407, and 412. Cryogenic Portable Tanks UN T75. Ton Tanks DOT-106A and 110AW.

    If the proposed amendments are adopted, manufacturers will have the option to either build tanks to Section XII or continue using Section VIII, Division 1. While Section VIII, Division 1 applies to construction only and must be used in conjunction with HMR Parts 178-180 for construction and continued service, Section XII covers construction of new tanks and continued service of existing tanks. Further, as proposed, CTMVs and portable tanks built to Section VIII, Division 1 would be authorized for qualification and continued service using the more current edition of the NBIC in addition to Part 180; whereas CTMVs and portable tanks built to Section XII would be required to use NBIC (and Supplement 6) for qualification and continued service. Table 2 describes the framework available to manufacturers and owners of transport tanks with regard to IBR of Section XII and NBIC.

    Table 2—Framework for Continued Service If a Table 1 . . . Is built to . . . Then, CTMV Section XII The 2015 NBIC and Supplement 6 must be used. CTMV Section VIII, Division 1 Part 180 of the HMR must be used along with the 2015 NBIC or the 1992 NBIC already in the HMR. Cryogenic Portable Tank Section XII The 2015 NBIC and Supplement 6 must be used. Cryogenic Portable Tank Section VIII, Division 1 Part 180 of the HMR must be used along with the 2015 NBIC or the 1992 NBIC already in the HMR. Ton Tank Section XII The 2015 NBIC and Supplement 6 must be used. Ton Tank Part 179 and FRA approval Part 180 and FRA approval must be used.

    The 2015 editions of the respective codes include advancements in design, material, fabrication, repair, and inspection of transport tanks. Incorporation by reference would provide manufacturers and owners with flexibility, while providing an equivalent level of safety to the current use of Section VIII, Division 1 and the HMR.

    The NBIC (including Supplement 6) was updated in conjunction with Section XII to provide up-to-date standards for the qualification and continued service of pressure vessels, including transport tanks. Both Section XII and the NBIC were developed as global standards and were written to be compatible with the United Nations Recommendations on the Transport of Dangerous Goods. Moreover, these standards were developed by voluntary consensus standards-development organizations 4 comprised of stakeholders involved in the design, certification, continued qualification, and maintenance of transport tanks, including manufacturers of tanks and PHMSA engineers. These individuals have expert knowledge of how to design, construct, and maintain tanks to withstand the unique dynamic conditions and stresses of a transportation environment.

    4i.e., The American Society of Mechanical Engineers and the National Board of Boiler and Pressure Vessel Inspectors.

    Manufacturers, tank owners, users, maintenance and repair entities, and third-party inspectors (including potentially public sector inspectors) could incur costs under the scope of our proposed amendments. Manufacturers who opt for Section XII tanks would have to purchase the updated standards and most likely attend additional training. Entities that repair tanks and third-party inspectors opting to provide Section XII repairs or inspections may have to acquire new certificates of authorization and purchase and be trained in both updated codes, although it is likely that many already have the most current codes in order to maintain their “U” or “R” stamp in accordance with obligations under the ASME.

    Benefits associated with the use of Section XII and the NBIC include greater efficiencies in the manufacture of tanks, as well as the mitigation of the fluctuating cost of materials. Because Section XII allows for the use of a broader range of materials of construction, manufacturers now have more ways to lower the cost of tank construction, while still maintaining safety. Also, CTMVs built to Section XII could achieve lower transport costs due to reduced fuel costs from weight savings and/or fewer miles traveled from increased capacity.

    The costs and benefits of this rulemaking would predominantly impact only those entities opting to use the 2015 codes. Therefore, PHMSA does not believe the authorization to use and IBR Section XII and the NBIC (including Supplement 6) would impose substantial costs on affected entities. That is, we do not believe a manufacturer would opt to use Section XII to build a tank unless it believes an economic advantage will be gained.

    II. ASME and NBIC Background A. What is ASME?

    The American Society of Mechanical Engineers (ASME) is an international developer of codes and standards associated with the art, science, and practice of mechanical engineering. The organization develops and revises codes and standards that cover topics including pressure technology, construction, engineering design, standardization, and performance testing. Engineers, scientists, government officials, and others contribute their technical expertise to this enterprise.

    Codes and standards such as Section XII of the Boiler and Pressure Vessel Code are developed based on market needs through a consensus (committee) process that is open to all members of the public. The ASME consensus committees are made up of volunteer subject matter experts, ranging from manufacturers to users to government officials. Standards and subsequent revisions are based on review of technical data by the consensus committee and its subcommittees. The development and revision process includes a public review for all actions. Any interested member of the general public may review and comment on proposed ASME standards or revisions. Refer to the following ASME Web site for the Section XII committee and associated publication information: https://cstools.asme.org/csconnect/CommitteePages.cfm?Committee=N20150000. We note that a PHMSA official participated on the committee that developed the Section XII standards.

    B. What is Section XII of the Boiler and Pressure Vessel Code?

    Section XII provides standard requirements for construction and continued service of pressure vessels for the transportation of hazardous material by highway, rail, air, or water at pressures from full vacuum to 3,000 psig (207 bar) and volumes greater than 120 gallons (450 liters). “Construction” is an all-inclusive term comprising materials, design, fabrication, examination, inspection, testing, certification, and over-pressure protection. “Continued service” refers to inspection, testing, repair, alteration, and recertification of a transport tank that has been in service. Section XII also contains modal appendices containing requirements for packagings used in specific transport modes and service applications. Finally, rules pertaining to the use of the ASME “T” product certification marks are also included.

    C. What is the National Board of Boiler and Pressure Vessel Inspectors?

    The National Board of Boiler and Pressure Vessel Inspectors (hereinafter called the National Board) is a member organization that promotes uniformity in the construction, installation, repair, maintenance, and inspection of pressure equipment. The National Board, which is comprised of the chief boiler inspectors representing much of North America, oversees adherence to laws, rules, and regulations relating to boilers and pressure vessels. Functions of the National Board include the following: Commissioning inspectors through a comprehensive examination process; accrediting qualified repair and alteration companies; and developing installation, inspection, repair, and alteration standards (i.e., the NBIC). Furthermore, as it is an American National Standards Institute (ANSI) accredited standards development organization, the National Board follows an approved set of standards development procedures and is subject to regular audits by ANSI.

    D. What is the National Board Inspection Code and Supplement 6?

    The National Board Inspection Code (NBIC) provides rules and guidelines for the repair, alteration, inspection, installation, maintenance, and testing of boilers, pressure vessels, and other pressure-retaining items. Supplement 6 provides rules for continued service inspections of transport tanks (i.e., CTMVs, portable tanks, and ton tanks) that transport hazardous material subject to the HMR and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations. Supplement 6 is intended to be used in conjunction with other applicable parts of the NBIC and Section XII of the ASME Boiler and Pressure Vessel Code.

    III. Regulatory History and Response to Comments

    All associated rulemaking actions, supporting documentation, and comments on the rulemaking are available for review at the docket to this rulemaking [PHMSA-2010-0019].

    A. ANPRM

    The PHMSA published an Advanced Notice of Proposed Rulemaking (ANPRM) on December 23, 2010 [75 FR 80765], in which we asked a number of questions pertaining to the potential costs, burdens, or safety concerns associated with incorporating Section XII and the 2011 edition of the NBIC for the construction and continued service of CTMVs, cryogenic portable tanks, and ton tanks. The ANPRM generated comments from 32 stakeholders, many of whom submitted multiple comments—some on the length of the comment period and most on the substance of the ANPRM. The majority of the comments—40 different comments from 21 commenters—were in opposition to the IBR of the two sets of standards into the HMR. In the ANPRM, there were no specific proposals set forth regarding the method of incorporation into the regulations of Section XII and the NBIC (e.g., replacement of Section VIII, Division 1 with Section XII and the NBIC or incorporation by reference of Section XII and the NBIC as an alternative to Section VIII, Division 1). For that reason, it was assumed by many commenters that Section XII would outright replace Section VIII, Division 1 and the HMR, and these commenters voiced their opposition with the belief that they would not have an option to select the standard(s) to use.

    B. NPRM

    The PHMSA published an NPRM on December 30, 2013 [78 FR 79363] in which we proposed to IBR the 2013 edition of Section XII, with limited exceptions, as an alternative to existing standards for CTMVs, cryogenic portable tanks, and ton tanks. Section VIII, Division 1, as currently authorized in the HMR, applies to new construction only and requires that tanks are marked with a “U” stamp to indicate construction and certification in accordance with that section of the ASME Code. Section XII is structured such that it addresses new construction and continued service (e.g., repairs). Tanks constructed under this standard will require a “T” stamp; whereas tanks that are repaired under Section XII would be marked with either an “R” or a “TR” stamp to indicate a repair, dependent on whether the tank was originally constructed and certified according to Section VIII, Division 1 or Section XII, respectively. Further, PHMSA proposed to IBR the 2013 edition of the NBIC (including Supplement 6) for alterations, repairs, and inspections performed on all ASME-constructed tanks used for the transportation of hazardous materials. This proposed IBR is intended as an alternative to the current IBR edition of the NBIC and conditions and limitations in HMR Part 180 used for tanks constructed to Section VIII, Division 1. Further, as proposed, use of the updated NBIC would be optional for Section VIII, Division 1 CTMVs but required for Section XII authorized transport tanks. The PHMSA provided a comparison of Section XII and Section VIII, Division 1 (supplemented by the current HMR). Readers can review this comparison in its entirety in the NPRM [Docket No. PHMSA-2010-0019 (HM-241)]. Moreover, research and development projects summarized in the NPRM supported the proposed codes and standards to be adopted under this rulemaking docket. From the results of the studies as well as our own analysis, PHMSA concluded that the proposed standards provide an equivalent level of safety to the current structure of standards in the HMR.

    The NPRM generated comments from 20 stakeholders. The majority of the comments were in opposition to IBR the two sets of standards into the HMR; two commenters supported the proposals; and three commenters supported the proposals with modification. Several commenters posed questions or proposed additional modifications. Commenters in support of the proposals generally indicated: (1) The need to incorporate Section XII to reflect present-day improvements, especially the new definitions of authorized inspection agencies; and (2) providing for an alternative as reasons for support. Commenters opposing the proposals generally indicated: (1) Lack of public input and inaccessibility to current and future versions of Section XII and the NBIC; (2) inefficient and excessive cost to the industry; and (3) no actual improvement in hazardous materials transportation safety as reasons for opposition. Commenters also raised questions about how continued service requirements of Section XII will affect small industry stakeholders and what role DOT/PHMSA may have in oversight of that process. Commenter concerns are summarized and discussed further below.

    1. Lack of Public Input in Future Versions of Section XII and the NBIC

    Commenters expressed concern that decisions relative to the development of the code are heavily weighted to those participating in committee meetings, especially third-party inspection agencies who may be biased by self-interest. Commenters also stated that the process provides no assurance of public input for future revisions to the codes because the National Board, for example, has no legal mandate to provide for future participation by the general public or interested parties.

    The PHMSA disagrees. Information about the Section XII and NBIC development and revision process is made available online to the public, and draft revisions are made available for public review and input.5 ASME and the National Board are accredited standards developing organizations that meet due process requirements as defined by the non-governmental American National Standards Institute. Furthermore, committee participation is open to anyone with an interest in a particular subject area and with the requisite technical expertise. It may appear that decisions are weighted towards certain committee members, yet committee membership is made up of more than just third-party inspection agencies, as evidenced by the listing of members for the various committees and subcommittees of both ASME and the National Board. This information is also made available to the public.

    5 For example, public comments may be submitted on proposed new ASME Standards drafts and on proposals to revise existing ASME Standards. All ASME public review proposals are available in hard copy at no cost and some are available electronically also at no cost. Seehttps://cstools.asme.org/csconnect/PublicReviewpage.cfm.

    2. Inefficient and Excessive Cost to the Industry

    Commenters stated Section XII would necessitate purchase of new equipment and increased training for both the installation of the equipment and its operation. Furthermore, commenters stated that purchasing new publications from ASME and the National Board, while also maintaining the existing editions and sections, will increase direct costs along with the aforementioned equipment. In addition to purchasing the codes, the cost and maintenance of welding certifications will increase dramatically.

    While there may be increased costs to industry, PHMSA does not agree with commenters indicating inefficient or excessive costs for adopting Section XII and NBIC codes. The PHMSA is proposing to IBR the Section XII and NBIC codes as an alternative to current requirements for the construction and continued service of certain CTMVs, cryogenic portable tanks, and ton tanks (see Table 2 above). Use of Section XII and the NBIC will not be mandated, so it will not necessitate equipment purchase, employee training, or code purchase unless it is in the interest of a manufacturer, non-manufacturer, or inspector to do so. Although costs to each type of industry stakeholder will vary, we believe the overall cost burden will be lower because of an expected lower usage rate. It will remain a business decision to construct pressure vessels to Section VIII, Division 1, to Section XII, or to both. The PHMSA sees this as no different than making a determination to construct all authorized DOT-specification CTMVs or specialize in DOT 400 series CTMVs, for example. Furthermore, we believe it is very likely that many in this industry already have the most current codes in order to maintain their “U” or “R” stamps. We do however acknowledge that those who enforce compliance with these standards will incur a cost (e.g., training) regardless of the usage rate of the new standard.

    3. No Improvement in Safety

    Commenters opposed to the NPRM generally indicated the lack of safety improvements as a basis for the opposition. The PHMSA does not agree with commenters indicating that adoption of Section XII and NBIC would provide no improvements in hazardous material transportation safety. The 2015 editions of Section XII and the NBIC include advancements in design, material, construction, repair, and inspection of transport tanks, and Section XII was specifically developed with the transport environment in mind. Furthermore, IBR of these codes provides the public with a more flexible approach to achieve the safety transportation of hazardous material. Specifically, it would allow manufacturers and owners of transport tanks flexibility in the materials they use to build tanks, how they build tanks, and how they test and inspect tanks, while providing at the very least the same level of safety as currently provided by the HMR and Section VIII, Division 1 for new construction and the HMR for continued qualification and maintenance.

    In response to comments and questions about PHMSA's role in continuing service requirements and ensuring compliance with industry standards, from design and manufacturing to repairs, PHMSA is proposing to amend 49 CFR 107.307(a) to reiterate existing authority to enforce compliance with industry standards incorporated by reference.

    IV. SNPRM Summary A. Why are we issuing a supplemental notice?

    The PHMSA is issuing an SNPRM rather than a final rule for three basic reasons:

    (1) To provide stakeholders the opportunity to comment on the safety improvements and updates reflected in the revised 2015 editions of Section XII and the NBIC (and Supplement 6);

    (2) To synchronize the timing of our rulemaking action with the biennial updates of Section XII and NBIC by ASME and the National Board, respectively; and

    (3) To minimize or relieve the public and the government of possible administrative burdens (e.g., special permit applications) that would be associated with incorporating by reference the 2013 editions, as previously proposed, when 2015 editions have been published.

    B. What are we proposing?

    In this SNPRM, PHMSA is proposing the following:

    (1) IBR the 2015 edition of Section XII, (instead of the 2013 edition, as previously proposed for incorporation under the NPRM published December 30, 2013 [78 FR 79363]);

    (2) IBR the 2015 edition of the NBIC and Supplement 6 (instead of the 2013 editions, as previously proposed for incorporation under the December 2013 NPRM);

    (3) Authorize construction and continued service of CTMVs, cryogenic portable tanks, and ton tanks in accordance with Section XII. The following transport tanks would be eligible for construction and continued service under Section XII:

    Table 3—Authorized Transport Tanks Under Section XII Tank type Specification Cargo Tank Motor Vehicles (CTMVs) MC331, 338, and DOT 406, 407, and 412. Cryogenic Portable Tanks UN T75. Ton Tanks DOT-106A and 110AW. Note: Tanks listed in this table that are already constructed under Section VIII are not eligible for continued services using Section XII.

    (4) Require the use of the 2015 NBIC, and Supplement 6 where applicable, for the qualification, requalification, and maintenance of transport tanks (constructed under Section XII) listed in Table 3 above;

    (5) Authorize the use of the 2015 NBIC for the continued service, inspection, and repair of those CTMVs currently in service and constructed to Section VIII, Division 1 and the HMR.

    C. Why incorporate by reference?

    Section 12(d) of Public Law 104-113, the National Technology Transfer and Advancement Act of 1995, 15 U.S.C. 272 (hereinafter “the Act”), directs agencies to use voluntary consensus standards in lieu of government-unique standards except where inconsistent with law or otherwise impractical. “Use” means inclusion of a standard in whole, in part, or by reference in regulation(s). We believe the use of Section XII and the NBIC is consistent with the Act and serves PHMSA's program needs by helping to improve safety through authorized use of standards developed specifically with transportation in mind. The use of such standards, whenever practicable and appropriate, is intended to achieve the following goals:

    (1) Eliminate the cost to the Government of developing its own standards and decrease the cost of the burden of complying with agency regulation.

    (2) Provide incentives and opportunities to establish standards that serve national needs.

    (3) Promote efficiency and economic competition through harmonization of standards.

    D. Are there any major changes of note between the 2015 and 2013 editions of Section XII and the NBIC (including Supplement 6)?

    The PHMSA's review of the 2015 edition of the codes did not reveal any major substantive differences between the two editions, especially with regard to the NBIC and Supplement 6. Below we highlight some of the more notable changes to Section XII from the 2013 edition to the 2015 edition:

    • Revised the general requirements for welding so that the Modal Appendices are used to provide direction for construction;

    • Revised Code Case 1750 to include Section XII to allow use of additional materials for valves;

    • Updated Section XII regarding pressure relief devices for consistency with updates to Section VIII, Division 1 and developed a new Mandatory Appendix XIX based on these updates;

    • Updated Modal Appendix 1 (cargo tanks) for allowable stress criteria.

    V. Section-by-Section Review

    The following is a section-by-section review of the amendments proposed in this SNPRM:

    A. Part 107 Section 107.307

    Section 107.307 is the process for compliance orders and civil penalties (i.e., enforcement). In this SNPRM, we are proposing to revise paragraph (a) to reiterate PHMSA's existing authority to enforce compliance with industry standards incorporated by reference into the HMR.

    Subpart F

    Subpart F establishes a registration procedure for persons who are engaged in the manufacture, assembly, inspection and testing, certification, or repair of a cargo tank/CTMV manufactured in accordance with a DOT specification or under terms of a special permit issued under Part 107. In this SNPRM, we are not proposing to revise this subpart, but we note for general awareness that the new § 173.14, as discussed below, will reference the registration requirement in this subpart by noting that “inspectors” and “repairers” of these packagings must be registered with the DOT.

    B. Part 171 Section 171.7

    Section 171.7 lists IBR material. This SNPRM proposes to amend § 171.7, Reference material, to list the 2015 edition of Section XII and the 2015 edition of the NBIC and Supplement 6. Specifically, a new paragraph (g)(2) will be added to include an entry for `ASME Code Section XII' in addition to the currently referenced sections of the 1998 edition of the `ASME Code', e.g., Section VIII, Division 1. We will make a conforming amendment to redesignate current paragraph (g)(2) as (g)(3) for ASME B31.4-1998 Edition, Pipeline Transportation Systems for Liquid Hydrocarbons and other Liquids, Chapters II, III, IV, V, and VI, November 11, 1998. In addition, we propose to amend § 171.7 to include the 2015 editions of the NBIC and Supplement 6. Specifically, paragraph (x)(2) will be revised to include an entry for `NBIC 2015,' and a new paragraph (x)(3) will be added for `NBIC 2015, Supplement 6.'

    C. Part 173 Section 173.14

    In this SNPRM, we are proposing to add a new § 173.14 for authorization of and conditions on the use of Section XII for the construction and continued service of certain types of transport tanks discussed above, as follows:

    For All Tank Types. Conditions for all authorized tank types will be specified in paragraph (a)(1) as follows:

    • Authorized IBR material includes ASME Section XII Modal Appendices, Mandatory Appendices, and Non Mandatory Appendices; and use of ASME Section II materials, Section V Nondestructive Examination, Section VIII, Division 1 for parts only, Section VIII, Division 2 for Fatigue Analysis only, Section IX for welding and brazing in accordance with Section XII requirements; authorized IBR material also includes the NBIC Parts 1, 2, and 3, and Supplement 6 of Parts 2 and 3;

    • The NBIC and Supplement 6 must be used for the design, repair, alteration, certification, qualification, and maintenance of cargo tank motor vehicles, cryogenic portable tanks, and multi-unit tank car tanks (ton tanks) constructed to Section XII;

    • Nameplate character markings must be a minimum 4 mm (5/32”); markings directly on the tank must be a minimum 8 mm (5/16”);

    • Marking must be in accordance with Supplement 6. Periodic test information is prohibited on the ASME nameplate;

    • Inspection personnel must have qualifications as required by Section XII, Article TG-4, and as evident by having a current National Board commission with endorsement for the level and type of inspection (Transport Tank Class) to be performed, or certification from their employer when applicable;

    • Inspectors or their employer must be registered with DOT; and

    • Repairs must be performed by a facility holding a current National Board certificate of authorization for the use of the National Board “TR” or “R” stamp.

    For CTMVs. Conditions and requirements specific to CTMVs will be specified in paragraph (a)(2). The CTMVs must also conform to all applicable requirements of Part 173 of the HMR and must meet: Section XII, Modal Appendix 1 and the appropriate Article of the appendix for the category of CTMV; all Mandatory Appendices; and applicable Non Mandatory Appendices, except as follows:

    • Repairs must be performed by a DOT-registered facility holding a current National Board certificate of authorization for the use of the “TR” or “R” stamp; and

    • For Category 338 Cargo Tanks (synonymous with DOT MC 338 CTMVs), Section XII, Modal Appendix 1, Article 4, paragraph 1-4.4(g)(6) does not apply. A minimum jacketed thickness of 2.4 mm (0.0946 in) 12 gauge in the reference steel is allowed.

    For Cryogenic Portable Tanks. Conditions and requirements specific to cryogenic portable tanks will be set forth in paragraph (a)(3). These portable tank types must also conform to all applicable requirements of Part 173 of the HMR and must meet: Section XII, Modal Appendix 3, Article 1; all Mandatory Appendices; and applicable Non Mandatory Appendices, except as follows:

    • External and internal visual inspections in accordance with Supplement 6 are required in addition to Section XII, Modal Appendix 3, Article 1, paragraph 3-1.10(b) and Article 1, 3-1.10(b)(5); and

    Section XII, Modal Appendix 3, Article 1, paragraph 3-1.10 requires repairs to be performed by a facility holding a current National Board certificate of authorization for the use of the “TR” or “R” stamp. Records must be in accordance with the Supplement 6, as applicable.

    For Ton Tanks. Conditions and requirements specific to ton tanks will be set forth in paragraph (a)(4). Ton tanks must conform to all applicable requirements of Part 173 and must meet: Modal Appendix 4, Article 1; all Mandatory Appendices; and applicable Non Mandatory Appendices, except as follows:

    Section XII, Modal Appendix 4, Article 1, paragraph 3-1.10. Manufacturer-certified fusible plugs tested and qualified under the fuse plug manufacturers' written quality control system are required;

    Section XII, Modal Appendix 4, Article 1, paragraph 4-8. Non-ASME marked fusible plugs are allowed;

    Section XII, Modal Appendix 4, Article 1, paragraph 4-12(a). External and internal visual inspections must be in accordance with Supplement 6;

    Section XII, Modal Appendix 4, Article 1, paragraph 4-12(e). Records must be kept in accordance with Supplement 6; and

    • A ton tank that fails a prescribed test or inspection must be repaired as specified in the NBIC or removed from service.

    D. Part 178 Section 178.278

    We propose a new § 178.278 authorizing the use of Section XII and the NBIC (and Supplement 6) for construction and qualification of cryogenic portable tanks.

    Section 178.300

    We propose a new § 178.300 authorizing the use of Section XII and the NBIC (and Supplement 6) for construction and qualification of cargo tank motor vehicles.

    E. Part 179 Section 179.302

    We propose a new § 179.302 authorizing the use of Section XII and the NBIC (and Supplement 6) for construction and qualification of ton tanks.

    F. Part 180 Section 180.402

    We propose a new § 180.402 authorizing use of the NBIC for the continuing qualification and maintenance of CTMVs.

    Section 180.413

    We propose to revise § 180.413 to authorize use of the NBIC with Section VIII, Division 1 for the continued service of CTMVs.

    Section 180.502

    We propose a new § 180.502 authorizing use of the NBIC for the continuing qualification and maintenance of ton tanks constructed to Section XII.

    Section 180.602

    We propose a new § 180.602 authorizing use of the NBIC for the continuing qualification and maintenance of cryogenic portable tanks constructed to Section XII.

    VI. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking

    This SNPRM is published under the authority of the Federal Hazardous Materials Transportation Law, 49 U.S.C. 5101 et seq. Section 5103(b) authorizes the Secretary to prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. This SNPRM provides an alternative to the current process for the construction and continued service of CTMVs, cryogenic portable tanks, and ton tanks, without compromising safety.

    The Administrative Procedure Act (APA) requires Federal agencies to give interested persons the right to petition an agency to issue, amend, or repeal a rule (5 U.S.C. 553(e)). Section 106.95 of the HMR, provides the process and procedures for persons to petition PHMSA to add, amend, or delete a regulation. In this SNPRM, PHMSA is addressing this statutory requirement by considering petitions for rulemaking from ASME, the National Board, and the Pressure Vessels Manufacturers Association.

    B. Executive Order 12866, Executive Order 13563, Executive Order 13610, and DOT Regulatory Policies and Procedures

    This SNPRM is not considered a significant regulatory action under Section 3(f) of Executive Order 12866 (“Regulatory Planning and Review”) and, therefore, was not reviewed by the Office of Management and Budget (OMB). The proposed rule is not considered a significant rule under the Regulatory Policies and Procedures order issued by the U.S. Department of Transportation [44 FR 11034].

    Executive Order 13563 (“Improving Regulation and Regulatory Review”) supplements and reaffirms the principles, structures, and definitions governing regulatory review that were established in Executive Order 12866, published September 30, 1993. Executive Order 13563, issued January 18, 2011, notes that our nation's current regulatory system must not only protect public health, welfare, safety, and our environment but also promote economic growth, innovation, competitiveness, and job creation.6 Further, this executive order urges government agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public. In addition, Federal agencies are asked to periodically review existing significant regulations; retrospectively analyze rules that may be outmoded, ineffective, insufficient, or excessively burdensome; and modify, streamline, expand, or repeal regulatory requirements in accordance with what has been learned.

    6 See http://www.whitehouse.gov/the-press-office/2011/01/18/improving-regulation-and-regulatory-review-executive-order.

    Executive Order 13610 (“Identifying and Reducing Regulatory Burdens”), issued May 10, 2012, urges agencies to conduct retrospective analyses of existing rules to examine whether they remain justified or whether they should be modified or streamlined in light of changed circumstances, including the rise of new technologies.7

    7 See http://www.thefederalregister.org/fdsys/pkg/FR-2012-05-14/pdf/2012-11798.pdf.

    By building off of each other, these three Executive Orders require agencies to regulate in the “most cost-effective manner,” to make a “reasoned determination that the benefits of the intended regulation justify its costs,” and to develop regulations that “impose the least burden on society.”

    The PHMSA believes that if the 2015 editions of Section XII and the NBIC are incorporated as alternatives to Section VIII, Division 1 and the HMR, transport tank manufacturers and owners would be provided with more flexibility and freedom of choice regarding material of construction and design for new construction, allowing for lighter-weight, higher-capacity tanks capable of transporting more material per shipment. Transport tanks built to Section XII will have been examined by certified inspectors to ensure that they withstand conditions and stresses unique to transportation, such as rollovers, bottom damage, or piping damage. Furthermore, we believe the flexibility in selection of the ASME standard of construction will facilitate international competitiveness for the transport of hazardous materials; this flexibility will also eliminate barriers for U.S. manufacturers transporting goods internationally that have been caused by the inflexible material construction requirements in Section VIII, Division 1 and the HMR. Further, the ASME standards have been deemed equivalent by PHMSA technical staff and have been proven to provide, through special permits, an equivalent level of safety to that of transport tanks constructed and designed according to the specifications currently provided in the HMR.

    The overall costs and benefits associated with this SNPRM and the supporting calculations are included in the supplement to the NPRM regulatory impact analysis (RIA) provided in the docket for this rulemaking. For specific responses to comments received to the NPRM please see Section III of this document. Below is a brief summary of the affected entities, as well as the costs and benefits of this SNPRM:

    Costs

    The majority of the new costs that would result from the optional use of the IBR of the 2015 edition of ASME Section XII and the NBIC are due to training and certification of stakeholders on the requirements of the updated codes. There are three primary groups of affected entities: (1) Manufacturers of tanks; (2) non-manufacturers (e.g., repair firms); and (3) inspectors. Using industry employment and wage data from the U.S. Department of Labor, we estimated the number of transport tank manufacturing firms, non-manufacturing firms involved in the repair and maintenance of tanks, and tank inspectors in the United States. The new costs to each of the three stakeholder groups are described below.

    1. Manufacturers

    Using data from the Bureau of Labor Statistics (BLS), the Steel Tank Institute (STI), the Pressure Vessel Manufacturers Association (PVMA), and ASME's Pressure Vessel Manufacturer Members, we estimate that there are 290 manufacturers of portable tanks, ton tanks, and CTMVs. Collectively, these firms employ approximately 8,889 individuals directly involved in production and maintenance of transport tanks (e.g., boilermakers, mechanical engineers, production occupations, mechanical drafters, industrial production managers, commercial and industrial designers, and mechanical engineering technicians).8 Each manufacturer would be required to purchase a copy of the Section XII code and manufacturing employees would need to take ASME's online training course, both of which would impose costs.

    8 U.S. Bureau of Labor Statistics, Occupational Employment Statistics, May 2011. http://www.bls.gov/oes/current/oes111021.htm.

    New vessels manufactured under Section XII would be required to hold an ASME “T” stamp of authorization, and repairs or alterations to these vessels must be performed by a holder of a “TR” Certificate of Authorization (although ASME may opt to not utilize this “TR” stamp and just require the current “R” stamp that is required). This is an alternative to manufacturing, repairing, and altering under the Section VIII code, where transport tanks have ASME “U” stamps and repairs and authorizations are made by holders of an “R” Certificate of Authorization. Purchase of this stamp is another source of costs. The costs and the calculations supporting them are included in the supplement to the NPRM RIA provided in the docket for this rulemaking.

    2. Non-Manufacturers

    Using data from the BLS, we estimate there are 3,863 non-manufacturers, collectively employing 6,839 individuals directly engaged in the repair, maintenance, and alteration of transport tanks or performing associated design and supervision tasks. Non-manufacturers include repair and maintenance firms of pressure vessels. All repair firms would be required to purchase a copy of both ASME Section XII and the NBIC which would impose a cost. In addition, non-manufacturers that repair or alter tanks would be required to change the scope of their existing “R” Certificate of Authorization or obtain a “TR” certificate from the National Board, which would impose a cost. These costs and the calculations supporting them are included in the supplement to the NPRM RIA provided in the docket for this rulemaking.

    3. Inspectors

    Tank inspectors include third-party inspectors, owner-user inspectors, chief boiler inspectors, and public inspectors. Data from the National Board of Boiler and Pressure Vessel Inspectors indicate that there are 41 authorized third-party agencies.9 Assuming there is an average of 10 inspectors at each agency, we estimate that there are approximately 410 third-party inspectors in the United States. In addition, the National Board of Boiler and Pressure Vessel Inspectors show that there are 69 owner-user inspector organizations, which are defined as “owner-user[s] of pressure equipment that [maintain] an established inspection program and whose organization and inspection procedures meet the requirements of NB-371, Accreditation of Owner-User Inspection Organization.” 10 Also, using data from the Department of Labor, we estimate that there are 549 public inspectors by applying the average figure for boiler inspectors per 100,000 capita from the 2010 economic census to estimate the number of public boiler inspectors in each state. Incorporating by reference Section XII and the NBIC will require inspection services to use the NBIC classifications of Authorized Inspectors (AIs) and Certified Individuals (CIs). Third-party and chief boiler inspectors would need to complete NBIC training to become familiar with the Section XII standards. These classifications and trainings would impose some costs on inspectors. These costs and the calculations supporting them are included in the supplement to the NPRM RIA provided in the docket for this rulemaking.

    9 The National Board of Boiler and Pressure Vessel Inspectors—New Construction Authorized Inspection Agencies Listing http://www.nationalboard.org/Index.aspx?pageID=66&ID=122 and The National Board of Boiler and Pressure Vessel Inspectors—Inservice Authorized Inspection Agencies Listing http://www.nationalboard.org/Index.aspx?pageID=66&ID=123.

    10 National Board of Boiler and Pressure Vessel Inspectors—Owner-User Inspection Organizations http://www.nationalboard.org/Index.aspx?pageID=67.

    Benefits

    Based on the information presented in the “Section XII Code Differences” document, there are several opportunities for cost savings if the 2015 editions of Section XII and the NBIC are incorporated. There are three differing aspects of tank design requirements between Section VIII, Division 1 and Section XII: (1) The required tensile strength margin is reduced from 4.0 to 3.5; (2) a new rational design to reduce shell and head thickness is allowed; and (3) tanks are allowed to be used until they reach the minimum allowed thickness, which increases tanks' useful lives. These benefits and the calculations supporting them are included in the supplement to the NPRM RIA provided in the docket for this rulemaking.

    Conclusion

    As this SNPRM authorizes the voluntary use of the 2015 editions of Section XII and the NBIC, a range of costs and benefits (as seen in Table 4 below) were derived based on differing percentages of implementation. The overall costs and benefits, and the calculations supporting them, are included in the supplement to the NPRM RIA provided in the docket for this rulemaking. In addition, this document also includes a sensitivity analysis that varies a number of factors.

    Table 4—Net Benefit Estimates Estimate Annualized Benefits and Costs Estimated Benefits $18,006,640 (low) to $21,598,728.37 (high). Estimated Costs $10,167,783 (low) to $15,480,558 (high). Net $2,526,082 (low) to $11,430,946 (high). Annualized per Tank Benefits and Costs Estimated Benefits $76 (low) to $91 (high). Estimated Costs $43 (low) to $77 (high). Net $10 (low) to $48 (high). C. Executive Order 13132

    This proposed rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (“Federalism”) and the President's memorandum (“Preemption”) that was published in the Federal Register on May 22, 2009 [74 FR 24693]. This proposed rule will preempt State, local, and Indian tribe requirements but does not propose any regulation that has substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply.

    The Federal Hazardous Materials Transportation Law, 49 U.S.C. 5101-5128, contains an express preemption provision (49 U.S.C. 5125 (b)) that preempts State, local, and Indian tribe requirements on the following subjects:

    (1) The designation, description, and classification of hazardous materials;

    (2) The packing, repacking, handling, labeling, marking, and placarding of hazardous materials;

    (3) The preparation, execution, and use of shipping documents related to hazardous materials and requirements related to the number, contents, and placement of those documents;

    (4) The written notification, recording, and reporting of the unintentional release in transportation of hazardous material; and

    (5) The design, manufacture, fabrication, marking, maintenance, recondition, repair, or testing of a packaging or container represented, marked, certified, or sold as qualified for use in transporting hazardous material.

    This proposed rule addresses packaging for hazardous materials. If adopted as final, this rule will preempt any State, local, or Indian tribe requirements concerning packaging for hazardous materials unless the non-Federal requirements are “substantively the same” as the Federal requirements. Furthermore, this proposed rule is necessary to update, clarify, and provide relief from regulatory requirements.

    Incorporation of new consensus standards by reference in the HMR may impact state and local CTMV enforcement programs. Potential impacts include the cost of purchasing the new Section XII standards and the training of employees. However, PHMSA notes that many state enforcement personnel are not currently equipped with Section VIII, Division 1 and must use outside sources to reference this standard. It is our understanding that during roadside inspections, state officials are most often concerned with identifying that the ASME mark is intended for the packaging on which it is stamped. This would not require state governments to purchase copies of Section XII for every state trooper. Rather, the most in-depth inspection performed on a tank is handled by an independent third-party inspector, typically a National Board-commissioned inspector from an insurance company. This would also apply to the repair of the ASME packaging using the NBIC, which also requires a marking. Furthermore, as engineers at PHMSA were instrumental in developing Section XII and the NBIC, they understand them and are available to help interpret the standards. As with other highly technical or scientific standards that we incorporate in the HMR, PHMSA's Hazardous Materials Information Center staff will have access to the engineers who helped develop the standards. We invite State and local governments with an interest in this rulemaking to comment on any revisions to the HMR in hopes to address the issues that this proposed rule may cause.

    D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (“Consultation and Coordination with Indian Tribal Governments”). The PHMSA is not aware of any significant or unique affects or substantial direct compliance costs on the communities of the Indian tribal governments from proposals in this rulemaking. Therefore, we conclude that the funding and consultation requirements of Executive Order 13175 do not apply. However, we invite Indian tribal governments to provide comments should they believe there will be an impact.

    E. Regulatory Flexibility Act, Executive Order 13272, and DOT Regulatory Policies and Procedures

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to review regulations to assess their impact on small entities unless the agency determines that a rule is not expected to have a significant impact on a substantial number of small entities. This notice has been developed in accordance with Executive Order 13272 (“Proper Consideration of Small Entities in Agency Rulemaking”) and DOT's Policies and Procedures to promote compliance with the Regulatory Flexibility Act to ensure that potential impacts of draft rules on small entities are properly considered.

    The adoption of Section XII will not have a significant impact on a substantial number of small entities, or even any foreseeable impact on small businesses, given that the provisions proposed under this supplemental notice are optional. Furthermore, PHMSA reviewed the safety records of both transport tanks constructed under the current method of construction authorized under the HMR and transport tanks constructed to ASME Section XII under special permits and found no differences in the safety record between the two methods of construction.

    We estimate that there are approximately 5,200 businesses likely to be affected by this rule. The Small Business Administration (SBA) uses industry-specific standards to estimate which of those are “small businesses.” The PHMSA assumes that a significant number of businesses within the regulatory scope (nearly all) are small.

    Based on our analysis, the three major industries—manufacturers, third-party inspection agencies, and tank repair services—could, at their discretion, conform to the new standards. Manufacturers could introduce new materials; third-party inspectors could conduct more current, meaningful tests that are relevant to more transport specific designs; and tank repair services could expand to accommodate the new standards.

    Based on the expected service life of a transport tank of 30 years, we assume that only 1/30 of all transport tanks will be replaced each year. Given the optional nature of this rule, the newly constructed tanks will consist of some combination of Section XII transport tanks and some Section VIII, Division 1 transport tanks. A manufacturer will build tanks according to demand, including price. At the same time, we believe repairers and inspectors will be able to adjust and accommodate the small number of Section XII transport tanks entering the market each year.

    Based upon our above-mentioned 5,200 estimated businesses and assumptions, PHMSA certifies that the proposals in this SNPRM will not have a significant economic impact on a substantial number of small entities. In this notice, PHMSA is soliciting further comment on this conclusion that the proposals in this SNPRM will not cause a significant economic impact on a substantial number of small entities.

    F. Paperwork Reduction Act

    Section 1320.8(d), Title 5, Code of Federal Regulations requires that PHMSA provide interested members of the public and affected agencies an opportunity to comment on information collection and recordkeeping requests. The recordkeeping requirements in Section XII and the NBIC are analogous; thus, the recordkeeping costs of complying with Section XII and the NBIC are no different than those required under the current regulatory scheme. Moreover, we believe the recordkeeping requirements of Section XII and NBIC (specifically Supplement 6) are more straightforward.

    G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading of this document can be used to cross-reference this action with the Unified Agenda.

    H. Unfunded Mandates Reform Act

    This proposed rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $141,300,000 or more to either State, local, or tribal governments, in the aggregate, or to the private sector, and it is the least burdensome alternative that achieves the objective of the rule.

    I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321-4347), and implementing regulations by the Council on Environmental Quality (CEQ) (40 CFR part 1500) require Federal agencies to consider the consequences of Federal actions and prepare a detailed statement on actions that significantly affect the quality of the human environment.

    The CEQ regulations order Federal agencies to conduct an environmental assessment considering the following: (1) The need for the proposed action, (2) alternatives to the proposed action, (3) probable environmental impacts of the proposed action and alternatives, and (4) the agencies and persons consulted during the consideration process (see 40 CFR 1508.9(b)).

    1. Need for the Proposal

    The PHMSA is proposing this rulemaking to IBR the 2015 editions of Section XII and the NBIC to provide greater flexibility in the manufacture and repair of authorized transport tanks by authorizing manufacture-to-industry standards (i.e., ASME Section XII developed specifically with transportation in mind).

    2. Alternatives Considered

    The PHMSA is considering the following alternatives:

    —Alternative 1 is to take no action; —Alternative 2 is to IBR Section XII and NBIC (including Supplement 6) and mandate its use by removing Section VIII, Division 1; —Alternative 3 is to IBR Section XII and allow use of Section XII as an alternative construction standard to Section VIII, Division 1 and the HMR. Use of the NBIC for continued service Section VIII, Division 1 would be optional, while use of the NBIC for continued service of Section XII transport tanks would be required; and —Alternative 4 is to allow use of the Section XII standards through Special Permit.

    Each alternative presented represents different levels of adoption of Section XII, from Alternative 1 (0%) to Alternative 2 (100%). Alternatives 3 and 4 may result in a distribution of use between these extremes. It is difficult to find a firm basis to project future market activity—i.e., to calculate the expected distribution of transport tank manufacture between the two standards. However, PHMSA believes that the IBR of Section XII would provide an opportunity for savings to both the manufacturer and the user of the tanks.

    Alternative 1: No action. For this alternative, the HMR would remain unchanged. This is not the preferred alternative. This alternative maintains the status quo both for the construction and design of Section VIII, Division 1 CTMVs, cryogenic portable tanks, and ton tanks and for the continued service transport under Part 180 (including the 1992 edition of the NBIC for CTMVs). Though Section VIII, Division 1 sets forth detailed criteria for the design, construction, certification, and marking of stationary boilers and pressure vessels, it does not account for the unique conditions and stresses encountered in the transportation environment. The HMR addresses this deficiency by adding requirements to account for conditions and stresses likely to occur in transportation. This alternative would not impose any costs, but it would prevent the opportunity to realize any gains in efficiency.

    Alternative 2: IBR and require use of both Section XII and NBIC and remove Section VIII, Division 1. This is not the preferred alternative either. This alternative would require transport tanks to be built to transport-specific design standards, thus improving efficiencies through greater design flexibility and variety in material of construction. This alternative would likely lead to less fuel consumption because of larger tank capacities, and Section XII would also provide for more uniform enforcement over time. However, implementing this alternative may preclude a normal market-based transition from one standard to another, and complying with new standards would effectively force manufacturers to make such a transition regardless of costs associated with equipment investments and personnel changes. Many commenters expressed concern that imposing new ASME construction standards would unduly burden them either immediately or in the future, and without recourse. Costs would include the purchase of Section XII and the NBIC, stamp certification, and familiarization training.

    Alternative 3: IBR and authorize use of Section XII as an alternative to Section VIII, Division 1, and use of the NBIC for continued service, as applicable. This option is the preferred alternative because it would provide regulatory flexibility without diminishing current safety standards or imposing burdensome costs. Specifically, it would provide more freedom for the marketplace with respect to the construction of transport tanks, while at the same time providing for pressure vessel options geared towards the transport environment. Furthermore, this alternative would authorize the use of the 2015 edition of the NBIC as it applies to existing tanks and would require its use for those transport tanks built to Section XII, as required by Section XII.

    Alternative 4: Allow use of Section XII through special permit application. For this alternative, the HMR would also remain unchanged. This is not the preferred alternative. This alternative presents the option to produce, use, and maintain transport tanks manufactured to Section XII through a special permit. The PHMSA would allow technological advancement yet also maintain some oversight over the manufacture of these transport tanks. The PHMSA has already issued two special permits related to Section XII. This option would require positive action by manufacturers to apply for a special permit. While this may be a more cautious approach, under this option each special permit application would require technical drawings and incur the costs and administrative burdens associated with special permit requests, including the factual analysis required and “party-to” applications. The PHMSA estimates that the typical special permit application costs $45 to the applicant and $3,000 for us to evaluate.

    The PHMSA is proposing Alternative 3, as it was found to be optimal. Benefits associated with the rule include lower manufacturing costs and higher capacities for shippers. Costs to industry are minimal and incurred only when the manufacturer decides to build tanks to the Section XII standards.

    3. Environmental Consequences

    When developing potential regulatory requirements, PHMSA evaluates the requirements to consider the environmental impact. Specifically, PHMSA evaluates the following: The risk of release and resulting environmental impact; the risk to human safety, including any risk to first responders; the longevity of the packaging; and the circumstances in which the regulations would be carried out (i.e., the defined geographic area, the resources, any sensitive areas) and how they could thus be impacted.

    The non-editorial proposed provisions of this SNPRM are discussed in further detail and evaluated based on their overall environmental impact, as follows:

    Environmental benefits result from fewer trips for CTMVs, cryogenic portable tanks, and ton tanks used to transport the same quantities of hazardous materials, because of greater capacities. In most cases, due to alternative materials of construction, the thickness of the tank shells can be reduced, permitting more material to be hauled and reducing the number of trips needed to handle the same volume of product. For example, an MC 331 propane tank manufactured according to Section XII would have a 12.5 percent reduction in wall thickness when compared to Section VIII, Division 1. This reduction would lead to at least a 2 percent increase in product capacity while maintaining the current level of safety. As supported by the studies referenced in the December 30, 2013 NPRM and based on the analysis of both sections of the ASME code, PHMSA asserts that despite the reduction in the design margin, the standards provide an equivalent level of safety. Because the proposed alternatives would provide the same level of safety, the expectation is that the risk of incidents is reduced proportionally to the reduction of vehicle trips to move authorized packaging.

    4. Federal Agencies Consulted

    In an effort to ensure all appropriate Federal stakeholders are provided a chance to provide input on potential rulemaking actions, PHMSA, as part of its rulemaking development, consults other Federal agencies that could be potentially affected. In developing this rulemaking action, PHMSA consulted the Federal Motor Carrier Safety Administration (FMCSA), Federal Railroad Administration (FRA), Environmental Protection Agency (EPA), and Occupational Safety and Health Administration (OSHA).

    5. Conclusion

    This SNPRM proposes to IBR Section XII and the NBIC as alternatives to Section VIII, Division 1 and the HMR. As discussed above, PHMSA believes these standards provide an equivalent level of safety and the proposals in this SNPRM are environmentally neutral. In fact, depending on the level of usage of Section XII and subsequent reduction of the number of tanks needed to handle the same volume of product, this rule may prove environmentally beneficial over time. However, PHMSA welcomes any data, information, or comments related to environmental impacts that may result from the proposal discussed in this notice.

    J. Privacy Act

    Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or you may visit http://www.dot.gov/privacy.

    K. International Trade Analysis

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. For purposes of these requirements, Federal agencies may participate in the establishment of international standards, so long as the standards have a legitimate domestic objective, such as providing for safety, and do not operate to exclude imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The PHMSA participates in the establishment of international standards in order to protect the safety of the American public, and we assess the effects of any rule to ensure that it does not exclude imports that meet this objective. Section XII is written using terminology compatible with international standards such as the UN Recommendations and International Maritime Dangerous Goods Code. The intent is for the standards to be used globally, and several foreign manufacturers already possess the “T” stamp certification indicating the ability to manufacture transport tanks in accordance with the updated section of the code. Furthermore, one of the transport tanks that can be constructed in accordance with Section XII is a UN T75 cryogenic portable tank. Accordingly, incorporating Section XII, and the companion NBIC, as alternatives to Section VIII, Division 1 and the HMR would be consistent with PHMSA's obligations under the Trade Agreement Act, as amended.

    List of Subjects 49 CFR Part 107

    Administrative practice and procedure, Hazardous materials transportation, Packaging and containers, Penalties, Reporting and recordkeeping requirements.

    49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, Imports, Incorporation by reference, Reporting and recordkeeping requirements.

    49 CFR Part 173

    Hazardous materials transportation, Packaging and containers, Radioactive materials, Reporting and recordkeeping requirements, Uranium.

    49 CFR Part 178

    Hazardous materials transportation, Motor vehicle safety, Packaging and containers, Reporting and recordkeeping requirements.

    49 CFR Part 179

    Hazardous materials transportation, Railroad safety, Reporting and recordkeeping requirements.

    49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle safety, Packaging and containers, Railroad safety, Reporting and recordkeeping requirements.

    In consideration of the foregoing, 49 CFR Chapter I is amended as follows:

    PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES 1. The authority citation for part 107 continues to read as follows: Authority:

    49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L. 104-134 section 31001; Pub. L. 112- 141 section 33006, 33010; 49 CFR 1.81 and 1.97.

    2. In § 107.307, revise the paragraph (a) introductory text to read as follows:
    § 107.307 General.

    (a) When the Associate Administrator and the Office of Chief Counsel have reason to believe that a person is knowingly engaging or has knowingly engaged in conduct which is a violation of the Federal Hazardous Material Transportation Law or any provision of this subchapter or subchapter C of this chapter, or any standard incorporated by reference in subchapter C of this chapter, or any exemption, special permit, or order issued thereunder, for which the Associate Administrator or the Office of Chief Counsel exercise enforcement authority, they may—

    PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 3. The authority citation for part 171 continues to read as follows: Authority:

    49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134, section 31001; 49 CFR 1.81 and 1.97.

    4. In § 171.7, a. Redesignate paragraph (g)(2) as (g)(3); b. Add new paragraph (g)(2); and c. Revise paragraph (x)(2).

    The amendments read as follows:

    § 171.7 Reference material.

    (g) * * *

    (2) 2015 ASME Boiler and Pressure Vessel Code (ASME Code Section XII), 2015 Edition, July 1, 2015 (as follows), into §§ 173.14, 178.278, 178.301, 179.302:

    (i) Section XII—Rules for Construction and Continued Service of Transport Tanks.

    (3) ASME B31.4-2012, Pipeline Transportation Systems for Liquids and Slurries, November 12, 2012, into § 173.5a.

    (x) * * *

    (2) 2015 National Board Inspection Code (NBIC), A Manual for Boiler and Pressure Vessel Inspectors, 2015 Edition, into §§ 173.14, 178.278, 178.301, 179.302, 180.402, 180.502, 180.602:

    (i) Supplement 6, Continued Service and Inspection of DOT Transport Tanks, 2015 Edition.

    PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS 5. The authority citation for part 173 continues to read as follows: Authority:

    49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 1.97.

    6. Add § 173.14 to read as follows:
    § 173.14 Authorization and conditions for the use of ASME Code Section XII.

    This section authorizes, with certain conditions and limitations, the use of ASME Code Section XII (IBR, see § 171.7) for the construction and continued service of cargo tank motor vehicles, cryogenic portable tanks, and multi-unit tank car tanks (ton tanks). The following table presents the transport tanks authorized for construction using ASME Code Section XII.

    Authorized Specification Packaging Using Section XII Tank type Specification Cargo Tank Motor Vehicles (CTMVs) MC 331, 338, and DOT 406, 407, and 412. Cryogenic Portable Tanks UN T75. Ton Tanks DOT-106A and 110AW.

    Conditions and limitations on the use of the ASME Code Section XII for design, construction, qualification and certification, and maintenance are as follows—

    (a) All tank types. (1) Use of ASME Code Section XII for design, construction, qualification, and certification of authorized packaging includes use of ASME Code Sections II (Materials), Section V (Nondestructive Examination); Section VIII (Rules for Construction of Pressure Vessels), Division 1 for parts only, and Division 2 for fatigue analysis only; and Section IX, (Welding, Brazing, and Fusing Qualifications);

    (2) Continuing qualification and maintenance of cargo tank motor vehicles, cryogenic portable tanks, and ton tanks must be in accordance with the NBIC and Supplement 6 (IBR, see § 171.7) in conjunction with ASME Code Section XII as authorized in part 180 of this subchapter;

    (3) Nameplate character markings must be a minimum 4 mm (5/32”), markings directly on the tank must be a minimum 8 mm (5/16”);

    (4) Periodic test information is not permitted on the ASME nameplate. Marking must be in accordance with the Supplement 6;

    (5) A person performing a certification inspection (i.e., an inspector) must be qualified in accordance with ASME Code Section XII under its general rules for inspection (Article TG-4), and hold either a current National Board of Boiler and Pressure Vessel Inspectors (National Board) commission and endorsement of the ASME tank class (e.g., Class 3 for DOT 406 cargo tanks) for the type of inspection to be performed or, when applicable, a certification (in accordance with the NBIC) from his or her employer. Inspectors of cargo tanks, or their employer, must be registered with DOT in accordance with 49 CFR part 107, subchapter F; Inspectors of cryogenic portable tanks and ton tanks need to be registered with DOT through approval by the Associate Administrator prior performing inspection duties;

    (6) A person (e.g., a facility) performing repairs on a cargo tank authorized under this section must hold a current National Board certificate of authorization for the use of the National Board “TR” or “R” stamp. Persons, or the employer, performing repairs on cargo tanks must also be registered with DOT in accordance with 49 CFR part 107, subchapter F; Repairers of cryogenic portable tanks and ton tanks must obtain prior approval from the Associate Administrator to make repairs.

    (b) Cargo tank motor vehicles. A cargo tank motor vehicles must conform to all applicable requirements of this part, and must meet to ASME Code Section XII, Modal Appendix 1 (for cargo tanks), all Mandatory Appendices and Non Mandatory Appendices, except as follows:

    (1) For MC 338 Cargo Tanks, ASME Code Section XII, Modal Appendix 1, Article 4, paragraph 1-4.4(g)(6) does not apply. A minimum jacketed thickness of 2.4 mm (0.0946 in) 12 gauge in the reference metal is permitted.

    (c) Cryogenic portable tanks. Cryogenic portable tanks must conform to all applicable requirements of this part, and must meet ASME Code Section XII, Modal Appendix 3, Article 1, all Mandatory Appendices and Non Mandatory Appendices, except as follows:

    (1) An inspector must perform external and internal visual inspection in accordance with Supplement 6 (IBR, see § 171.7) in addition to ASME Code Section XII, Modal Appendix 3, Article 1, paragraph 3-1.10(b), and Article 1, 3-1.10(b)(5);

    (2) ASME Code Section XII, Modal Appendix 3, Article 1, paragraph 3-1.10(b)(6) does not apply; and

    (3) Records must be kept in accordance with the Supplement 6, as applicable.

    (d) Ton tanks. Ton tanks must conform to all applicable requirements of this part and must meet ASME Section XII, Modal Appendix 4, Article 1, all Mandatory Appendices and Non Mandatory Appendices, except as follows:

    (1) ASME Code Section XII, Modal Appendix 4, Article 1, paragraph 3-1.10 does not apply. Manufacturer-certified fusible plugs, tested and qualified under the fuse plug manufacturers' written quality control system must be used;

    (2) Notwithstanding ASME Code Section XII, Modal Appendix 4, Article 1, paragraph 4-8, non-ASME marked fusible plugs are authorized;

    (3) Per ASME Code Section XII, Modal Appendix 4, Article 1, paragraph 4-12(a), an inspector must perform an external and internal visual inspection in accordance with NBIC Supplement 6;

    (4) Records must be kept in accordance with the Supplement 6, as applicable; and

    (5) A ton tank that fails a prescribed test or inspection must be repaired in accordance with NBIC or removed from service.

    PART 178—SPECIFICATIONS FOR PACKAGINGS 7. The authority citation for part 178 continues to read as follows: Authority:

    49 U.S.C. 5101-5128, 49 CFR 1.81, 1.96 and 1.97.

    8. Add § 178.278 to read as follows:
    § 178.278 Alternative requirements for the design, construction, inspection and testing of portable tanks intended for the transportation of refrigerated liquefied gases.

    Notwithstanding the requirements of §§ 178.274 and 178.277 of this subpart, UN T75 cryogenic portable tanks may be designed, constructed, inspected (i.e., certified) and tested in accordance with ASME Code Section XII (IBR, see § 171.7) in conjunction with the NBIC and Supplement 6 (IBR, see § 171.7), and in accordance with the conditions and limitations of § 173.14 of part 173 of this subchapter.

    9. Add § 178.301 to read as follows:
    § 178.301 Alternative requirements for the design, construction, inspection and testing of cargo tank motor vehicles.

    Notwithstanding the requirements of this subpart, cargo tank motor vehicles Specification MC 331, 338, and DOT 406, 407, or 412 may be designed, constructed, inspected (i.e., certified) and tested in accordance with ASME Code Section XII (IBR, see § 171.7) in conjunction with the NBIC and Supplement 6 (IBR, see § 171.7), and in accordance with the conditions and limitations of § 173.14 of part 173 of this subchapter.

    PART 179—SPECIFICATIONS FOR TANK CARS 10. The authority citation for part 179 continues to read as follows: Authority:

    49 U.S.C. 5101-5128, 49 CFR 1.81 and 1.97.

    11. Revise § 179.302 to read as follows:
    § 179.302 Alternative requirements for the design, construction, inspection and testing of multi-unit tank car tanks (Classes DOT-106A and 110AW).

    Notwithstanding the requirements of this subpart, Class DOT-106A and 110AW multi-unit tank car tanks may be designed, constructed, inspected (i.e., certified) and tested in accordance with ASME Code Section XII (IBR, see § 171.7) in conjunction with the NBIC and Supplement 6 (IBR, see § 171.7), and in accordance with the conditions and limitations of § 173.14 of part 173 of this subchapter.

    PART 180—CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS 12. The authority citation for part 180 is revised to read as follows: Authority:

    49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 1.97.

    13. Add § 180.402 to read as follows:
    § 180.402 Alternative qualification and maintenance.

    Notwithstanding the applicability of § 180.401 and the requirements of § 180.413 (for ASME Code Section VIII, Division 1 cargo tanks) of this subpart for the continuing qualification and maintenance of an authorized specification cargo tank motor vehicle, and subject to conditions and limitations set forth in § 173.14 of part 173, the NBIC (IBR, see § 171.7)—

    (a) Must be used, with Supplement 6 (IBR, see § 171.7), for the continuing qualification, maintenance, or periodic testing (i.e., continued service) of cargo tanks constructed to ASME Code Section XII in accordance with § 178.301 of this subchapter; and

    (b) May be used, in combination with the requirements of this part, for the continuing qualification, maintenance, or periodic testing (i.e., continued service) of cargo tank motor vehicles constructed to ASME Code Section VIII, Division 1. Specifically, DOT specification cargo tank motor vehicles constructed to ASME Section VIII, Division 1 that bear a U stamp may be inspected, repaired and tested under part 180, subpart E and the NBIC.

    14. Add § 180.502 to read as follows:
    § 180.502 Alternative qualification and maintenance.

    Notwithstanding the applicability of § 180.501 of this subpart for the qualification and maintenance of multi-unit tank car tanks, and subject to conditions and limitations set forth in § 173.14 of part 173, the NBIC and Supplement 6 (IBR, see § 171.7), must be used for the continuing qualification, maintenance, or periodic testing (i.e., continued service) of Class DOT-106A and 110AW multi-unit tank car tanks constructed to ASME Code Section XII in accordance with § 179.302 of part 179 of this subchapter.

    15. Add § 180.602 as follows:
    § 180.602 Alternative qualification and maintenance.

    Notwithstanding the applicability of § 180.601 of this subpart for the continuing qualification, maintenance or periodic testing of portable tanks, and subject to conditions and limitations set forth in § 173.14 of part 173, the NBIC and Supplement 6 (IBR, see § 171.7) must be used for the continuing qualification, maintenance, or periodic testing (i.e., continued service) of cryogenic portable tanks constructed and qualified to ASME Code Section XII in accordance with § 178.278 of part 178 of this subchapter.

    Issued in Washington, DC, on April 22, 2016, under authority delegated in 49 CFR 1.97. William S. Schoonover, Deputy Associate Administrator, Pipeline and Hazardous Materials Safety Administration.
    [FR Doc. 2016-09919 Filed 4-28-16; 8:45 am] BILLING CODE 4910-60-P
    81 83 Friday, April 29, 2016 Notices DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2016-0019] Notice of Request for Revision to and Extension of Approval of an Information Collection; Scrapie in Sheep and Goats; Interstate Movement Restrictions and Indemnity Program AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Revision to and extension of approval of an information collection; comment request.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a revision to and extension of approval of an information collection associated with the current regulations for the interstate movement of sheep and goats and an indemnity program to control the spread of scrapie.

    DATES:

    We will consider all comments that we receive on or before June 28, 2016.

    ADDRESSES:

    You may submit comments by either of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0019.

    Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2016-0019, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238.

    Supporting documents and any comments we receive on this docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0019 or in our reading room, which is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.

    FOR FURTHER INFORMATION CONTACT:

    For information on the domestic regulations to control the spread of scrapie, contact Dr. Diane Sutton, National Scrapie Program Coordinator, Sheep, Goat, Cervid & Equine Health Center, Surveillance, Preparedness and Response Services, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737; (301) 851-3509. For copies of more detailed information on the information collection, contact Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727.

    SUPPLEMENTARY INFORMATION:

    Title: Scrapie in Sheep and Goats; Interstate Movement Restrictions and Indemnity Program.

    OMB Control Number: 0579-0101.

    Type of Request: Revision to and extension of approval of an information collection.

    Abstract: Under the Animal Health Protection Act (7 U.S.C. 8301 et seq.), the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture is authorized, among other things, to prohibit or restrict the interstate movement of animals and animal products to prevent the dissemination within the United States of animal diseases and pests of livestock and to conduct programs to detect, control, and eradicate pests and diseases of livestock.

    Scrapie is a progressive, degenerative, and eventually fatal disease affecting the nervous system of sheep and goats. Its control is complicated because the disease has an extremely long incubation period without clinical signs of disease and no known treatment.

    APHIS regulations in 9 CFR part 79 restrict the interstate movement of certain sheep and goats to control the spread of scrapie, and 9 CFR part 54 contains regulations for an indemnity program, flock cleanup, testing, and a Scrapie Flock Certification Program (SFCP).

    The scrapie disease control program information collection activities include cooperative agreements; grants; memorandums of understanding; APHIS forms for inspection and epidemiology data; applications to participate in the SFCP; flock plans; post-exposure management and monitoring plans; record suspect/dead animals; scrapie test records; applications for indemnity payments; certificates, permits, and owner statements for the interstate movement of certain sheep and goats; applications for premises identification numbers; applications for official APHIS identification; designated scrapie epidemiologist training; and other program-related activities.

    In addition, we are adding information collection activities that were previously overlooked as being part of the current domestic scrapie program 1 that include State responses associated with certificates of veterinary inspection, private laboratory requests for approval, responses by breed registry associations, epidemiology and identification compliance reporting, declination to respond, certification of completion of epidemiology training, and disposal cost information. We have adjusted the estimates of burden accordingly. In addition, the adjusted estimates also reflect increases in identification tag orders and the number of specimen submissions per laboratory to better represent our current activities.

    1 This notice and the information collection activities described are for the current regulations and not the amendments to the regulations described in the proposed rule published September 10, 2015 (FR 54660-54692, APHIS-2007-0127).

    We are asking the Office of Management and Budget (OMB) to approve our use of these information collection activities, as described, for an additional 3 years.

    The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:

    (1) Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of our estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies; e.g., permitting electronic submission of responses.

    Estimate of burden: The public reporting burden for this collection of information is estimated to average 1.19 hours per response.

    Respondents: Flock owners; market owners, operators, or managers; dealers; slaughter plant owners, operators, or managers; feedlot owners, operators, or managers; tag manufacturers; managers of producer organizations; accredited veterinarians; and State animal health authorities.

    Estimated annual number of respondents: 166,000.

    Estimated annual number of responses per respondent: 5.

    Estimated annual number of responses: 854,694.

    Estimated total annual burden on respondents: 1,021,526 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response. Responses and respondents include recordkeeping and record keepers, respectively.)

    All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.

    Done in Washington, DC, this 25th day of April 2016. Jere L. Dick, Acting Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2016-10122 Filed 4-28-16; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Forest Service Notice of New Fee Site; Federal Lands Recreation Enhancement Act (Title VIII, Pub. L. 108-447) AGENCY:

    Carson National Forest, USDA Forest Service.

    ACTION:

    Notice of new fee site.

    SUMMARY:

    The Carson National Forest is proposing to charge a $175 fee for the overnight rental of the Aldo Leopold House and a $50 fee for the overnight rental of the Lagunitas Guard Station. Neither facility has been available for recreation use prior to this date. Rentals of other cabins in the Southwestern Region have shown that people appreciate and enjoy the availability of historic rental cabins. Funds from both the rentals will be used for the continued operation and maintenance of each of the facilities. These fees are only proposed and will be determined upon further analysis and public comment.

    DATES:

    Send any comments about these fee proposals by August 2016 so comments can be compiled, analyzed and shared with a Recreation Resource Advisory Committee. Should the fee proposal move forward, both rentals will likely be available May 2017.

    ADDRESSES:

    Forest Supervisor, Carson National Forest, 208 Cruz Alta Road, Taos, NM 87557.

    FOR FURTHER INFORMATION CONTACT:

    Sharon Cuevas, Recreation Fee Coordinator, (505) 842-3235.

    SUPPLEMENTARY INFORMATION:

    The Federal Recreation Lands Enhancement Act (Title VII, Pub. L. 108-447) directed the Secretary of Agriculture to publish a six month advance notice in the Federal Register whenever new recreation fee areas are established.

    This new fee will be reviewed by a Recreation Resource Advisory Committee prior to a final decision and implementation.

    Currently no Federal or State agencies in the state of New Mexico offer over-night rentals of this type. Arizona, the neighboring state in Region 3, provides several historic properties for public rental and that program has become very successful.

    The house consists of a 4 bedroom Craftsman Style Bungalow home that was built by Aldo Leopold in 1912 when he was the new Forest Supervisor on the Carson National Forest for himself and his new wife Estella Luna Ortero Bergere. The Leopold House is located in the small village of Tres Piedras New Mexico and is a one and a half story home with a large front porch. The interior of the first floor has four rooms that include a dining room, kitchen, library and bedroom. A large stone fireplace is the focal point of the home. The upstairs of the home includes 3 bunk style bedrooms. The home was restored by volunteers and the Forest Service in 2005 and has running water, electricity, propane heat and is fully furnished.

    The Lagunitas Guard Station is a small single room cabin located in a remote setting approximately 20 miles west of Tres Piedras New Mexico. It is a simple facility, with no electricity, trash service or running water. The Guard Station is located adjacent to the small primitive Lagunitas Campground and the Lagunitas Lakes. For those visitors willing to make the long drive, the setting will not disappoint.

    A business analysis of the Aldo Leopold House and Lagunitas Guard Station has shown that people desire having this sort of recreation experience on the Carson National Forest. A market analysis indicates that the $175/per night fee for the Leopold House and $50/per night for the Lagunitas Guard Station is both reasonable and acceptable for this sort of unique recreation experience.

    People wanting to rent either facility will need to do so through the National Recreation Reservation Service, at www.recreation.gov or by calling 1-877-444-6777. The National Recreation Reservation Service charges a $9 fee for reservations.

    Dated: April 19, 2016. James Duran, Carson National Forest Supervisor.
    [FR Doc. 2016-10039 Filed 4-28-16; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Tahoe National Forest; Placer County, California; Squaw Valley to Alpine Meadows Base-to-Base Gondola Project AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of intent to prepare an environmental impact statement.

    SUMMARY:

    In September 2015, the Tahoe National Forest (TNF) accepted an application from Squaw Valley Ski Holdings, LLC which proposes to install, operate, and maintain an aerial ropeway system connecting the Squaw Valley and Alpine Meadows ski areas. This proposal also included an alteration to current avalanche mitigation techniques including the installation of Gazex® exploders. Implementation of the proposal would require an amendment to an existing Special Use Permit (SUP) issued for the operation and maintenance of Alpine Meadows Ski Area (Alpine Meadows). The proposal is consistent with Alpine Meadows' current Master Development Plan (MDP) and passed the screening criteria for consideration to use National Forest System (NFS) lands and amend the existing permit consistent with Forest Service land use regulations.

    DATES:

    Comments concerning the scope of the analysis must be received by May 31, 2016. The draft environmental impact statement is expected in winter 2016 and the final environmental impact statement is expected in summer 2017.

    ADDRESSES:

    Send written comments to: Eli Ilano, Tahoe National Forest Supervisor, c/o NEPA Contractor, P.O. Box 2729, Frisco, CO 80443. Comments may also be submitted on the project Web site: http://squawalpinegondola-eis.com/comment/, or sent via email to [email protected]. Two public meetings will be held on May 9, 2016 at the Resort at Squaw Creek, Monument Peak Room, 400 Squaw Creek Road, Olympic Valley, California. Additional information regarding the meetings is provided below in the “Scoping Process” section.

    FOR FURTHER INFORMATION CONTACT:

    Additional information related to the proposed project can be obtained from the project Web site, http://squawalpinegondola-eis.com/, or by contacting Joe Flannery, Winter Sports Specialist. Mr. Flannery can be reached by phone at (530) 587-3558 extension 243 or by 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 a.m. and 8 p.m., Eastern Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION: Purpose and Need for Action

    The TNF's purpose for the project is to improve developed winter recreation opportunities in the Scott Management Area, consistent with the 1990 Tahoe National Forest Land and Resource Management Plan as amended (Forest Plan). SUPs, and amendments to SUPs, are issued by the Forest Service and are required by law to be consistent with the Forest Plan. Desired future conditions for recreation management in the Forest Plan relevant to the project direct the Forest to “provide a variety of opportunities for developed and dispersed recreation experiences” (Forest Plan, p. V-5). The Alpine Meadows SUP is located in the Scott Management Area which allows for development of additional winter sports facilities and support services as part of the desired future condition of the management area (Forest Plan, p. V-446-449).

    The TNF needs to respond to Squaw Valley Ski Holdings, LLC's land use application which proposes amendment of their SUP to improve connectivity between Alpine Meadows and Squaw Valley ski areas. The need for improved connectivity between the ski areas is based on a number of factors. The developed trail network at Squaw Valley has limited terrain suitable for beginners and teaching; Alpine Meadows has additional intermediate and beginner terrain. Squaw Valley has the majority of resort amenities (e.g., accommodations, restaurants, shopping, entertainment, etc.); Alpine Meadows, in contrast, has limited amenities. While guests can currently access both ski areas on the same lift ticket, they must drive or shuttle between the two areas in order to access all the different terrain variety and/or amenities offered at both locations.

    Proposed Action

    The Proposed Action includes amendment of the Alpine Meadows Special Use Permit to authorize construction, operation and maintenance of the following proposed infrastructure and improvements: (1) Construction of a gondola connecting the ski and base areas of Alpine Meadows and Squaw Valley, and (2) installation of eight Gazex avalanche mitigation exploders (seven on NFS lands, one on private lands). Additional information and maps of this proposal can be found at: http://squawalpinegondola-eis.com/.

    Responsible Official

    The Responsible Official is the Tahoe National Forest Supervisor.

    Nature of Decision To Be Made

    The decision to be made is whether to authorize the Proposed Action as described above, to modify the project to meet the purpose and need while addressing issues raised in public scoping, or to take no action at this time.

    Permits or Licenses Required

    The project would require an amendment to the Alpine Meadows Special Use Permit, issued by the United States Forest Service.

    In addition to analysis under the National Environmental Policy Act (NEPA), Placer County will prepare an Environmental Impact Report to analyze environmental impacts of the proposal pursuant to the California Environmental Quality Act (CEQA). The Forest Service and Placer County will coordinate the NEPA and CEQA analyses for consistency.

    Scoping Process

    This notice of intent initiates the scoping process, which guides the development of the environmental impact statement. The Forest Service is soliciting comments from Federal, State and local agencies and other individuals or organizations that may be interested in or affected by implementation of the proposed project. Two public meetings will be held on May 9, 2016 to gather comments on the scope of the project. Both meetings will be held at the Resort at Squaw Creek, Monument Peak Room, 400 Squaw Creek Road, Olympic Valley, California. The first meeting will be held from 2:00-4:00 p.m. and the second will be held from 6:00-8:00 p.m. These meetings will be held jointly with Placer County regarding their analysis of the project under California Environmental Quality Act. Representatives from the TNF, Squaw Valley Ski Holdings, LLC, and Placer County will be present to answer questions and provide additional information on this project.

    This project will be subject to 36 CFR 218 Project-level Predecisional Administrative Review Process (Parts A and B). Individuals and entities who have submitted timely, specific written comments regarding a proposed project or activity during public comment periods, including this 30-day public scoping period, may file an objection (36 CFR 218.5(a)). Written comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection (36 CFR 218.25(b)(2)). For purposes of meeting the 36 CFR 218.5 eligibility requirements, the public scoping period will end 30 days from the date the Notice of Intent is published in the Federal Register.

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

    Comments received in response to this solicitation, including names and addresses of those who comment, will be part of the public record for this proposed action. Comments submitted anonymously will be accepted and considered, however.

    Dated: April 19, 2016. Eli Ilano, Forest Supervisor, Tahoe National Forest.
    [FR Doc. 2016-09672 Filed 4-28-16; 8:45 am] BILLING CODE 3410-11-P
    DEPARTMENT OF COMMERCE Bureau of the Census National Advisory Committee AGENCY:

    Bureau of the Census, Department of Commerce.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The Bureau of the Census (Census Bureau) is giving notice of a meeting of the National Advisory Committee on Racial, Ethnic and Other Populations (NAC). The NAC will address policy, research, and technical issues relating to a full range of Census Bureau programs and activities, including communications, decennial, demographic, economic, field operations, geographic, information technology, and statistics. The NAC will meet in a plenary session on May 26-27, 2016. Last minute changes to the schedule are possible, which could prevent us from giving advance public notice of schedule adjustments. Please visit the Census Advisory Committees Web site for the most current meeting agenda at: http://www.census.gov/cac/. The meeting will be available via webcast at: http://www.census.gov/newsroom/census-live.html http://www.ustream.tv/embed/6504322?wmode=direct.

    DATES:

    May 26-27, 2016. On May 26, the meeting will begin at approximately 8:30 a.m. and end at approximately 5:00 p.m. On May 27, the meeting will begin at approximately 8:30 a.m. and end at approximately 3:00 p.m.

    ADDRESSES:

    The meeting will be held at the U.S. Census Bureau Auditorium, 4600 Silver Hill Road, Suitland, Maryland 20746.

    FOR FURTHER INFORMATION CONTACT:

    Tara Dunlop, Branch Chief for Advisory Committees, Customer Liaison and Marketing Services Office, [email protected], Department of Commerce, U.S. Census Bureau, Room 8H177, 4600 Silver Hill Road, Washington, DC 20233, telephone 301-763-5222. For TTY callers, please use the Federal Relay Service 1-800-877-8339.

    SUPPLEMENTARY INFORMATION:

    The NAC was established in March 2012 and operates in accordance with the Federal Advisory Committee Act (Title 5, United States Code, Appendix 2, Section 10). NAC members are appointed by the Director, U.S. Census Bureau, and consider topics such as hard to reach populations, race and ethnicity, language, aging populations, American Indian and Alaska Native tribal considerations, new immigrant populations, populations affected by natural disasters, highly mobile and migrant populations, complex households, rural populations, and population segments with limited access to technology. The Committee also advises on data privacy and confidentiality, among other issues.

    All meetings are open to the public. A brief period will be set aside at the meeting for public comment on May 27. However, individuals with extensive questions or statements must submit them in writing to: [email protected] (subject line “May 2016 NAC Meeting Public Comment”), or by letter submission to Kimberly L. Leonard, Committee Liaison Officer, Department of Commerce, U.S. Census Bureau, Room 8H179, 4600 Silver Hill Road, Washington, DC 20233.

    If you plan to attend the meeting, please register by Tuesday, May 24, 2016. You may access the online registration from the following link: http://www.regonline.com/nac_may2016Meeting. Seating is available to the public on a first-come, first-served basis.

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should also be directed to the Committee Liaison Officer as soon as known, and preferably two weeks prior to the meeting.

    Due to increased security and for access to the meeting, please call 301-763-9906 upon arrival at the Census Bureau on the day of the meeting. A photo ID must be presented in order to receive your visitor's badge. Visitors are not allowed beyond the first floor.

    Topics to be discussed include the following items:

    • 2020 Census Program Overview • Tribal Enrollment Questions • Tribal Consultations • Working Groups Reports ○ Hard to Count Population Working Group ○ Integrated Partnership and Communication Working Group • American Community Survey • Big Data Dated: April 25, 2016. John H. Thompson, Director, Bureau of the Census.
    [FR Doc. 2016-10118 Filed 4-28-16; 8:45 am] BILLING CODE 3510-07-P
    DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request

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

    Agency: Bureau of Industry and Security.

    Title: Offsets in Military Exports.

    Form Number(s): N/A.

    OMB Control Number: 0694-0084.

    Type of Request: Regular.

    Burden Hours: 360 hours.

    Number of Respondents: 30 respondents.

    Average Hours per Response: 12 hours per response.

    Needs and Uses: This collection of information is required by the Defense Production Act (DPA). The DPA requires U.S. firms to furnish information to the Department of Commerce regarding offset agreements exceeding $5,000,000 in value associated with sales of weapon systems or defense-related items to foreign countries or foreign firms. Offsets are industrial or commercial compensation practices required as a condition of purchase in either government-to-government or commercial sales of defense articles and/or defense services as defined by the Arms Export Control Act and the International Traffic in Arms Regulations. Such offsets are required by most major trading partners when purchasing U.S. military equipment or defense related items.

    Affected Public: Businesses and other for-profit institutions.

    Frequency: On occasion.

    Respondent's Obligation: Mandatory.

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

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

    Dated: April 26, 2016. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2016-10047 Filed 4-28-16; 8:45 am] BILLING CODE 3510-33-P
    DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request

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

    Agency: National Telecommunications and Information Administration.

    Title: State and Local Implementation Grant Program Closeout Documentation.

    OMB Control Number: None.

    Form Number(s): None.

    Type of Request: Regular submission (new collection).

    Number of Respondents: 54.

    Average Hours per Response: Final closeout report: 25 hours.

    Burden Hours: 1,350.

    Needs and Uses: The Middle Class Tax Relief and Job Creation Act of 2012 (Act, Pub. L. 112-96, 126 Stat. 156 (2012)) was signed by the President on February 22, 2012. The Act meets a long-standing priority of the Administration, as well as a critical national infrastructure need, to create a single, interoperable, nationwide public safety broadband network (NPSBN) that will, for the first time, allow police officers, fire fighters, emergency medical service professionals, and other public safety officials to effectively communicate with each other across agencies and jurisdictions. Public safety workers have long been hindered in their ability to respond in a crisis situation because of incompatible communications networks and often outdated communications equipment.

    The Act establishes the First Responder Network Authority (FirstNet) as an independent authority within NTIA and authorizes it to take all actions necessary to ensure the design, construction, and operation of the NPSBN, based on a single, national network architecture.

    The Act also charges NTIA with establishing a grant program, the State and Local Implementation Grant Program (SLIGP), to assist state, regional, tribal, and local jurisdictions with identifying, planning, and implementing the most efficient and effective means to use and integrate the infrastructure, equipment, and other architecture associated with the NPSBN to satisfy the wireless broadband and data services needs of their jurisdictions. NTIA will use the collection of information to ensure that SLIGP grant recipients are effectively monitored and evaluated against the core purposes of the program established by the Act. The information collection will ensure that final data is collected to effectively assess the success of SLIGP recipients in implementing their project goals.

    The publication of this notice allows NTIA to begin the process to request approval for the standard three years. This request is a new information collection request.

    Affected Public: State, regional, local, and tribal government organizations.

    Frequency: Once.

    Respondent's Obligation: Mandatory.

    NTIA published a Notice in the Federal Register on February 17, 2016 soliciting comments on this information collection. NTIA did not receive any comments on this Notice.

    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 26, 2016. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2016-10035 Filed 4-28-16; 8:45 am] BILLING CODE 3510-JE-P
    DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request

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

    Agency: Bureau of Industry and Security.

    Title: Simple Network Application Process and Multipurpose Application Form.

    Form Number(s): N/A.

    OMB Control Number: 0694-0088.

    Type of Request: Regular.

    Burden Hours: 31,833 hours.

    Number of Respondents: 64,612 respondents.

    Average Hours per Response: 0.49 hours per response.

    Needs and Uses: Over the years, BIS has worked with other Government agencies and the affected public to identify areas where export licensing requirements may be relaxed without jeopardizing U.S. national security or foreign policy. Many of these relaxations have taken the form of licensing exceptions and exclusions. Some of these license exceptions and exclusions have a reporting or recordkeeping requirement to enable the Government to continue to monitor exports of these items. Exporters may choose to utilize the license exception and accept the reporting or recordkeeping burden in lieu of submitting a license application. These exceptions and exclusions have resulted in a large reduction of licensing burden in OMB Control No. 0694-0088 and allow exporters to ship items quickly, without having to wait for license approval. This has also created ten small collections involving these license exceptions and exclusions.

    These collections are designed to reduce export licensing burden. It is up to the individual company to decide whether it is most advantageous to continue to submit license applications or to comply with the reporting or recordkeeping requirements and take advantage of the licensing exception or exclusion.

    Affected Public: Businesses and other for-profit institutions.

    Frequency: On occasion.

    Respondent's Obligation: Mandatory.

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

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

    Dated: April 26, 2016. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2016-10046 Filed 4-28-16; 8:45 am] BILLING CODE 3510-33-P
    DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request

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

    Agency: Bureau of Industry and Security.

    Title: License Exemptions and Exclusions.

    Form Number(s): N/A.

    OMB Control Number: 0694-0137.

    Type of Request: Regular.

    Burden Hours: 29,998 hours.

    Number of Respondents: 19,738 respondents.

    Average Hours per Response: 1.52 hours per response.

    Needs and Uses: Over the years, BIS has worked with other Government agencies and the affected public to identify areas where export licensing requirements may be relaxed without jeopardizing U.S. national security or foreign policy. Many of these relaxations have taken the form of licensing exceptions and exclusions. Some of these license exceptions and exclusions have a reporting or recordkeeping requirement to enable the Government to continue to monitor exports of these items. Exporters may choose to utilize the license exception and accept the reporting or recordkeeping burden in lieu of submitting a license application.

    These collections are designed to reduce export licensing burden. It is up to the individual company to decide whether it is most advantageous to continue to submit license applications or to comply with the reporting or recordkeeping requirements and take advantage of the licensing exception or exclusion.

    Affected Public: Non-profit institutions; State, local, or tribal government; business or other for-profit organizations.

    Frequency: On occasion

    Respondent's Obligation: Mandatory

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

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

    Dated: April 26, 2016. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2016-10042 Filed 4-28-16; 8:45 am] BILLING CODE 3510-33-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security Proposed Information Collection; Comment Request; Special Priorities Assistance AGENCY:

    Bureau of Industry and Security, Department of Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before June 28, 2016.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Mark Crace, BIS ICB Liaison, (202) 482-8093, [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    The information collected from defense contractors and suppliers on Form BIS-999, Request for Special Priorities Assistance, is required for the enforcement and administration of special priorities assistance under the Defense Production Act, the Selective Service Act and the Defense Priorities and Allocation System regulation.

    II. Method of Collection

    Submitted electronically or on paper.

    III. Data

    OMB Control Number: 0694-0057.

    Form Number(s): BIS-999.

    Type of Review: Regular submission.

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Respondents: 1,200.

    Estimated Time per Response: 30 minutes

    Estimated Total Annual Burden Hours: 600.

    Estimated Total Annual Cost to Public: $0.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: April 25, 2016. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2016-09987 Filed 4-28-16; 8:45 am] BILLING CODE 3510-33-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XA339 Marine Mammals; File No. 15271 AGENCY:

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

    ACTION:

    Notice; issuance of permit amendment.

    SUMMARY:

    Notice is hereby given that James T. Harvey, Moss Landing Marine Laboratories, 8272 Moss Landing Road, Moss Landing, CA 95039 has been issued a minor amendment to Scientific Research Permit No. 15271.

    ADDRESSES:

    The amendment and related documents are available for review upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.

    FOR FURTHER INFORMATION CONTACT:

    Amy Sloan or Amy Hapeman, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    The requested amendment has been granted under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.) and the regulations governing the taking and importing of marine mammals (50 CFR part 216), and the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226).

    The original permit (No. 15271), issued on March 25, 2011 (64 FR 18534), authorized Dr. Harvey to conduct research on blue (Balaenoptera musculus), fin (B. physalus), humpback (Megaptera novaeangliae), and gray (Eschrichtius robustus) whales through March 31, 2016. The minor amendment (No. 15721-01) extends the duration of the permit through March 31, 2017, but does not change any other terms or conditions of the permit.

    Dated: April 21, 2016. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2016-10036 Filed 4-28-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE553 Presidential Task Force on Combating Illegal Unreported and Unregulated (IUU) Fishing and Seafood Fraud Action Plan for Implementing Recommendations 14/15; Commerce Trusted Trader Program AGENCY:

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

    ACTION:

    Notice; request for comments.

    SUMMARY:

    The National Ocean Council Committee on IUU Fishing and Seafood Fraud (NOC Committee) is seeking public input on the design and implementation of a Commerce Trusted Trader Program as part of an effective seafood traceability process to combat IUU fishing and seafood fraud. The Commerce Trusted Trader Program will establish within the previously proposed Seafood Import Monitoring Program such benefits as reduced targeting and inspections, and enhanced streamlined entry into U.S. commerce for holders of an International Fisheries Trade Permit that are certified for participation in the Commerce Trusted Trader Program.

    DATES:

    Comments must be received by June 28, 2016. Public webinars will take place from 2:00 to 3:30 p.m. eastern daylight time on May 4, 2016, 2:00 to 3:30 p.m. eastern daylight time on May 10, 2016, and 2:30 to 4:00 p.m. eastern daylight time on June 6, 2016.

    ADDRESSES:

    You may submit comments on this document, identified by Docket NOAA-NMFS-2014-0090, by either 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-2014-0090, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Submit written comments to Melissa Beaudry, Quality Officer, Office of International Affairs and Seafood Inspection, 1315 East-West Highway, Suite 9511, Silver Spring, MD 20910.

    Instructions: Comments sent by any other method, to any other address or individual, or received after the comment period, may not be considered. All comments received are part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. Anonymous comments will be accepted (enter “N/A” in the required field if you wish to remain anonymous).

    Information on joining the public webinars will be posted online at www.iuufishing.noaa.gov/.

    FOR FURTHER INFORMATION CONTACT:

    Melissa Beaudry, Quality Officer, Office of International Affairs and Seafood Inspection; 301-427-8308.

    SUPPLEMENTARY INFORMATION:

    Background

    On June 17, 2014, the White House released a Presidential Memorandum entitled “Establishing a Comprehensive Framework to Combat Illegal, Unreported, and Unregulated Fishing and Seafood Fraud.” Among other actions, the Memorandum established a Presidential Task Force on Combating Illegal, Unreported, and Unregulated (IUU) Fishing and Seafood Fraud (Task Force), co-chaired by the Departments of State and Commerce, with membership including a number of other Federal agency and White House Offices: The Departments of Agriculture, Defense, Health and Human Services, Homeland Security, Interior, and Justice; the Federal Trade Commission; the U.S. Agency for International Development; the Council on Environmental Quality; the Office of Science and Technology Policy; the National Security Council; and the Office of the U.S. Trade Representative.

    The Task Force was directed to report to the President “recommendations for the implementation of a comprehensive framework of integrated programs to combat IUU fishing and seafood fraud that emphasizes areas of greatest need.” Those recommendations were provided to the President through the National Ocean Council, and NMFS requested comments from the public on how to effectively implement the recommendations of the Task Force (79 FR 75536, December 18, 2014). Oversight for implementing the recommendations of the Task Force has been charged to the National Ocean Council Standing Committee on IUU Fishing and Seafood Fraud (NOC Committee). On March 15, 2015, the Task Force published its Action Plan for Implementing the Task Force Recommendations (http://www.nmfs.noaa.gov/ia/iuu/taskforce.html).

    Recommendation 14 concerns the development of a risk-based traceability program as a means to combat IUU fishing and seafood fraud. Recommendation 15 calls for the implementation of the first phase of that risk-based traceability program that tracks fish and fish products identified as being at risk of IUU fishing or seafood fraud from point of harvest to point of entry into U.S. commerce.

    The first step taken to address Recommendations 14 and 15 was the identification of those species likely to be at risk of IUU fishing or seafood fraud. The second step taken was proposed rulemaking (81 FR 6210, February 5, 2016), which would establish data reporting, recordkeeping, and related operational requirements at the point of entry into U.S. commerce for imported fish and fish products of at-risk species. The data reporting and recordkeeping requirements for at-risk species imports would apply to importers of record, who would be required to obtain an International Fisheries Trade Permit. The importers of record are the importers as identified in CBP entry filings for shipments containing the designated at-risk species. Customs brokers may fulfill these requirements on behalf of the importer of record at the importer of record's request.

    The next step is to develop and implement a trusted trader program whereby the Secretary of Commerce will collaborate with the Secretary of Homeland Security and other agencies as relevant to assist in developing a voluntary Commerce Trusted Trader Program for importers of the species covered by the final rule to be issued to establish a Seafood Import Monitoring Program. The Commerce Trusted Trader Program will provide benefits such as reduced targeting and inspections and enhanced streamlined entry into U.S. commerce for certified importers. With this notice, the Committee is soliciting comments on the design and implementation of this Commerce Trusted Trader Program.

    Scope

    As proposed, the Seafood Import Monitoring Program holds the importer of record responsible for certain reporting and recordkeeping requirements. The Committee has therefore identified the universe of International Fishery Trade Permit (IFTP) holders as falling within the scope of a Commerce Trusted Trader Program. The Committee seeks comments on whether this is the appropriate scope and how the scope of the program might be expanded to include entities with a role in securing the supply chain that are not directly responsible for record keeping and reporting and who may not be required to hold an IFTP. For example, might a Trusted Trader Program include customs brokers acting on behalf of importers of record, freight forwarders, foreign harvesters, foreign processors or a foreign exporting company? The Committee seeks comments on what other roles in the supply chain and import process might benefit from reduced inspections and a streamlined entry process.

    Criteria

    The Committee seeks comment on scope of criteria for evaluating and certifying permit holders as “trusted traders”. Such criteria might include, among other considerations, the compliance record of the applicant for other federal programs, the extent to which the certified permit holder has measures in place to verify the source and chain of custody of imported fish and fish products, and the nature and complexity of the supply chains from which the permit holder sources their imports. Additionally, the Committee seeks comment as to how the criteria within the scope of a Trusted Trader program should be weighted when considering certification of a permit holder.

    The Committee also seeks comment on which attributes of a supply chain covered by the scope of the Seafood Import Monitoring Program (harvest, landing, shipment, processing, storage, import entry, etc.), if any, can be considered as criteria for inclusion in a Trusted Trader program. As with the Seafood Import Monitoring Program itself, implementation of a Commerce Trusted Trader Program must be compliant with United States international trade obligations.

    Benefits and Incentives

    The Task Force Action Plan describes the Commerce Trusted Trader Program as “provid[ing] benefits such as reduced targeting and inspections and enhanced streamlined entry into U.S. commerce . . .” The Committee seeks comments on these and other potential benefits that may expedite the flow of trade, reduce the burden of compliance for certified permit holders, and improve implementation and enforcement efficiency. Additionally, the Committee seeks comment on how those benefits will incentivize participation in the Commerce Trusted Trader Program while ensuring the continued effectiveness of the Seafood Import Monitoring Program.

    Evaluation and Verification of Certified Permit Holders

    The Committee seeks recommendations on the potential scope and process of evaluating permit holders for certification. Commenters are encouraged to describe how permit holders should be evaluated against recommended criteria.

    The Committee also seeks recommendations on the potential scope and process of verifying a certified permit holder's ongoing compliance with certification criteria. Commenters are encouraged to describe process and frequency by which certified Trusted Traders and other entities that may be included in the Commerce Trusted Trader Program are evaluated for compliance with certification criteria.

    Relationship to Other Trusted Trader or Federal Import Programs

    NOAA administers several other trade monitoring programs requiring importers of record to obtain an IFTP, report information at time of entry, and maintain records describing the imported product's chain of custody. These include the Highly Migratory Species Catch Documentation Program and the Antarctic Marine Living Resources Import/Export Certification Program. The Committee seeks comment on the extent to which these programs can or should be included in a Commerce Trusted Trader Program.

    Comments are also requested regarding the potential coordination of other federal trusted trader or import monitoring programs as a means of expediting the entry of fish products, reducing overall regulatory burden, and improving the efficiency of implementation and enforcement. Additionally, the Committee seeks comment on how coordination, or integration, with other federal Trusted Trader programs will incentivize participation in the Commerce Trusted Trader Program while ensuring the continued effectiveness of the Seafood Import Monitoring Program.

    NMFS notes, however, that the Tuna Tracking and Verification Program (TTVP) requires certain reporting and recordkeeping requirements regarding imports of tuna products on the part of U.S. processors, importers, and others for purposes of the dolphin safe labeling requirements for tuna product. See 50 CFR part 216, subpart H. These requirements were recently amended by interim final rule. See 81 FR 15444, March 23, 2016. The dolphin safe labeling, reporting and recordkeeping requirements fall outside the scope of the Commerce Trusted Trader program and those dolphin safe labeling requirements would continue to apply for tuna product regardless of whether the importer qualifies as a trusted trader under this program.

    Third Party Traceability Systems

    The Committee is aware of private efforts by seafood producers, traders, wholesalers, retailers, and third parties to trace and track seafood products and seeks comment regarding the consideration of those traceability efforts in the design and implementation of a Commerce Trusted Trader Program. The committee also seeks recommendations for operational standards for such systems should they be included in a Commerce Trusted Trader Program.

    Timing and Implementation

    While the IUU Task Force Action Plan calls for the Commerce Trusted Trader Program to be finalized by September 2016, the timing of actual implementation may be affected by, among other factors, timing of the implementation of the Seafood Import Monitoring Program final rule, completion of the structure and elements of the Commerce Trusted Trader Program, and the timeframe for completion of Commerce Trusted Trader Program business rules in the International Trade Data System, as necessary for implementation. NMFS will in any case make its best effort to implement the Seafood Import Monitoring Program and the associated Commerce Trusted Trader Program simultaneously. The Committee seeks comment on the potential impacts and benefits of implementing the Commerce Trusted Trader Program some weeks or months following the implementation of the Seafood Import Monitoring Program. The committee also seeks recommendations for design and implementation of the Commerce Trusted Trader Program regarding measures that can be taken to minimize the cost and burden of those impacts and capture available benefits.

    The Committee will address outstanding design and implementation issues associated with the Commerce Trusted Trader Program in its December 2016 report on the implementation of the Seafood Traceability Program.

    Following the public comment period, the NOC Committee will take the input received into consideration while finalizing recommendations that will be sent forward for appropriate agency action, as outlined in the implementation plan for Task Force Recommendations 14 and 15.

    Dated: April 25, 2016. John Henderschedt, Director, Office for International Affairs and Seafood Inspection, National Marine Fisheries Service.
    [FR Doc. 2016-10005 Filed 4-28-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE593 New England Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The New England Fishery Management Council (Council), Atlantic Herring Committee, Atlantic Herring Advisory Panel and Atlantic Herring Plan Development Team is scheduling a public workshop on the Atlantic Herring Acceptable Biological Catch Control Rule Management Strategy Evaluation to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

    DATES:

    This workshop will be held on Monday, May 16, 2016 at 10 a.m. and Tuesday, May 17, 2016 at 9 a.m.

    ADDRESSES:

    The workshop will be held at the Holiday Inn by the Bay, 88 Spring Street, Portland, ME 04101; phone: (207) 775-2311; fax: (207) 772-4017.

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION: Agenda

    The Council is currently developing Amendment 8 to the Atlantic Herring Fishery Management Plan. Through Amendment 8, the Council expects to establish a long-term control rule for specifying acceptable biological catch (ABC) for the Atlantic herring fishery. A control rule is a formulaic approach for establishing an annual limit or target fishing level that is based on the best available scientific information.

    An objective of Amendment 8 is to develop and implement an ABC control rule that manages Atlantic herring within an ecosystem context and addresses the goals of Amendment 8, which are to: Account for the role of Atlantic herring within the ecosystem, including its role as forage; to stabilize the fishery at a level designed to achieve optimum yield; to address localized depletion in inshore waters.

    In January 2016, the Council approved conducting a Management Strategy Evaluation (MSE) to support the development of alternatives regarding the ABC control rule. MSE is a collaborative decision-making process, involving upfront public input and technical analysis than the normal amendment development process. MSE can take many forms, but here, the MSE will be used to help determine how a range of control rules may perform relative to potential objectives. An early step of the MSE is this public workshop to develop recommendations for Council consideration for a range of potential objectives of the Atlantic herring ABC control rule, how these objectives may be tested (i.e., associated performance metrics), and the range of control rules that would undergo testing.

    Workshop Goals

    The Council is hosting this MSE workshop to develop a common understanding of Management Strategy Evaluation; develop recommendations to the Council for: A range of potential objectives of the Atlantic herring ABC control rule, quantitative metrics to evaluate the performance of control rules relative to the objectives, and a range of control rules to be evaluated and/or the general characteristics of a control rule; develop a common understanding of the potentials and limitations of models that may affect simulation testing, and given those, identify which uncertainties are most important to resolve; provide an opportunity for stakeholders of the Atlantic herring fishery to provide greater input than typically possible at Council meetings, in an environment that supports constructive and open dialogue between users of the resource, scientific experts, fishery managers, and other interested members of the public.

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

    Special Accommodations

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

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 26, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-10074 Filed 4-28-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE597 Western Pacific Fishery Management Council; Public Meetings AGENCY:

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

    ACTION:

    Notice of public meetings and hearings.

    SUMMARY:

    The Western Pacific Fishery Management Council (Council) will hold a meeting of its Commonwealth of the Northern Mariana Islands (CNMI) Mariana Archipelago Advisory Panel (AP) and its Guam Mariana Archipelago AP to discuss and make recommendations on issues in Guam, CNMI and the Western Pacific region.

    DATES:

    The CNMI AP meeting will be held on Wednesday, May 18, 2016, between 6:30 p.m. and 9 p.m. The Guam AP meeting will be held on Friday, May 20, 2016, between 6 p.m. and 9 p.m. All times listed are local times. For agendas, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The CNMI AP meeting will be held at the CNMI Division of Fish & Wildlife Conference Room, Lower Base, Saipan, MP, 96950 and the Guam AP meeting will be held at the Hilton Guam Resort & Spa, 202 Hilton Road, Tumon Bay, GU 96913.

    FOR FURTHER INFORMATION CONTACT:

    Kitty M. Simonds, Executive Director, phone: (808) 522-8220.

    SUPPLEMENTARY INFORMATION:

    Public comment periods will be provided throughout the agendas. The order in which agenda items are addressed may change. The meetings will run as late as necessary to complete scheduled business.

    Agenda for the CNMI AP Meeting Wednesday, May 18, 2016, 6:30 p.m.-9 p.m. 1. Welcome and Introductions 2. Report on Changes to the Pelagic and Archipelagic Annual Fisheries Reports 3. Review of Annual Report Fishery Performance Information A. Bottomfish B. Coral Reef C. Crustaceans D. Precious Corals E. Pelagics 4. Review of Annual Report Ecosystem Considerations Information and Data Gaps A. Habitat B. Protected Species C. Human Dimensions D. Climate Variables E. Marine Planning F. Data Integration 5. Report on FEP Implementation Activities 6. Public Comment 7. Discussion and Recommendations Agenda for the Guam AP Meeting Friday, May 20, 2016, 6 p.m.-9 p.m. 1. Welcome and Introductions 2. Report on Changes to the Pelagic and Archipelagic Annual Fisheries Reports 3. Review of Annual Report Fishery Performance Information A. Bottomfish B. Coral Reef C. Crustaceans D. Precious Corals E. Pelagics 4. Review of Annual Report Ecosystem Considerations Information and Data Gaps A. Habitat B. Protected Species C. Human Dimensions D. Climate Variables E. Marine Planning F. Data Integration 5. Report on FEP Implementation Activities 6. Public Comment 7. Discussion and Recommendations Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, (808) 522-8220 (voice) or (808) 522-8226 (fax), at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 26, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-10073 Filed 4-28-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE598 Western Pacific Fishery Management Council; Public Meetings AGENCY:

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

    ACTION:

    Notice of public meetings and hearings.

    SUMMARY:

    The Western Pacific Fishery Management Council (Council) will hold a joint meeting of its American Samoa Regional Ecosystem Advisory Committee (REAC), American Samoa Advisory Panel (AP), Fishing Industry Advisory Committee (FIAC) (Hawaii members) and its Noncommercial Fishing Advisory Committee (NCFAC) (American Samoa members) as well as an American Samoa AP meeting. These meetings are to discuss and make recommendations on issues in American Samoa and the Western Pacific region.

    DATES:

    The joint American Samoa REAC, AP, FIAC, and NCFAC meeting will be held on Wednesday, May 18, 2016 between 9 a.m. and 12 p.m. The American Samoa AP meeting will be held on Wednesday, May 11, 2016 between 4:30 p.m. and 7:30 p.m. For agendas, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The joint American Samoa REAC, AP, FIAC, and NCFAC meeting and the American Samoa AP meeting will be held in the American Samoa Department of Commerce's Fagatogo Market Conference Room, Fagatogo, HI 96799.

    FOR FURTHER INFORMATION CONTACT:

    Kitty M. Simonds, Executive Director, phone: (808) 522-8220.

    SUPPLEMENTARY INFORMATION:

    Public comment periods will be provided throughout the agendas. The order in which agenda items are addressed may change. The meetings will run as late as necessary to complete scheduled business.

    Agenda for the Joint American Samoa REAC, AP, FIAC, and NCFAC Meeting Wednesday, May 18, 2016, 9 a.m.-12 p.m. 1. Welcome and Introductions 2. Report on Changes to the Pelagic and Archipelagic Annual Fisheries Reports 3. Review of Annual Report Fishery Performance Information A. Bottomfish B. Coral Reef C. Crustaceans D. Precious Corals E. Pelagics 4. Review of Annual Report Ecosystem Considerations Information and Data Gaps A. Habitat B. Protected Species C. Human Dimensions D. Climate Variables E. Marine Planning F. Data Integration 5. Report on FEP Implementation Activities 6. Public Comment 7. Discussion and Recommendations Agenda for the American Samoa AP Meeting Wednesday, May 11, 2016, 4:30 p.m.-7:30 p.m. 1. Welcome and Introductions 2. American Samoa FEP Community Activities 3. American Samoa FEP AP Issues A. Island Fisheries B. Pelagic Fisheries C. Ecosystems and Habitat D. Indigenous and Fishing Communities E. Other Issues 4. Public Comment 5. Discussion and Recommendations 6. Other Business Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, (808) 522-8220 (voice) or (808) 522-8226 (fax), at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 26, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-10162 Filed 4-28-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE436 Marine Mammals; File No. 19309 AGENCY:

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

    ACTION:

    Notice; issuance of permit.

    SUMMARY:

    Notice is hereby given that a permit has been issued to the NMFS Marine Mammal Laboratory, 7600 Sand Point Way NE., Seattle, WA 98115-6349 (Responsible Party: John Bengtson, Ph.D.), to conduct research on pinnipeds in Alaska.

    ADDRESSES:

    The permit and related documents are available for review upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.

    FOR FURTHER INFORMATION CONTACT:

    Amy Sloan, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    On February 23, 2016, notice was published in the Federal Register (89 FR 8942) that the above-named applicant requested a permit to conduct research on pinnipeds. The requested permit has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), and the regulations governing the taking and importing of marine mammals (50 CFR part 216).

    Permit No. 19309 authorizes takes of bearded (Erignathus barbatus), harbor (Phoca vitulina), ribbon (Histriophoca fasciata), ringed (Phoca hispida hispida), and spotted seals (Phoca largha) in the North Pacific Ocean, Bering Sea, Arctic Ocean, and coastal regions of Alaska. The purposes of the research are to investigate the foraging ecology, population abundance and trends, population structure, habitat requirements, health, vital rates, and effects of natural and anthropogenic factors on these species. Seals may be (1) captured and handled for sampling and deployment of telemetry devices, (2) incidentally harassed annually during capture activities or collection of feces and other samples from haul-out substrate, and (3) harassed during manned and unmanned aerial surveys. Steller sea lions (Eumetopias jubatus) of the Eastern Distinct Population Segment may be taken annually by incidental harassment during harbor seal aerial surveys. Authorization is provided for unintentional mortalities of each seal species. The permit expires on March 25, 2021.

    In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), a final determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement.

    Dated: April 21, 2016. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2016-10037 Filed 4-28-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE583 Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Approved Monitoring Service Providers AGENCY:

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

    ACTION:

    Notice of approved monitoring service providers.

    SUMMARY:

    NMFS has approved five companies to provide at-sea monitoring services to Northeast multispecies vessels in fishing year 2016. Regulations implementing Amendment 16 to the Northeast Multispecies Fishery Management Plan require third-party at-sea monitoring service providers to apply to, and be approved by, NMFS in a manner consistent with the Administrative Procedure Act in order to be eligible to provide at-sea monitoring services to sectors.

    ADDRESSES:

    Copies of the list of NMFS-approved sector monitoring service providers are available at http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/ or by sending a written request to: 55 Great Republic Drive, Gloucester, MA 01930, Attn: Mark Grant.

    FOR FURTHER INFORMATION CONTACT:

    Mark Grant, Fishery Policy Analyst, (978) 281-9145, fax (978) 281-9135, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Amendment 16 (75 FR 18262; April 9, 2010) to the Northeast Multispecies Fishery Management Plan (FMP) expanded the sector management program, including requirements to ensure accurate monitoring of sector at-sea catch and dockside landings, and common pool dockside landings. Framework Adjustment 48 to the FMP (Framework 48, 78 FR 26118; May 3, 2013) revised the goals and objectives for sector monitoring programs.

    Standards for Approving At-Sea Monitoring Service Providers

    Regulations at 50 CFR 648.87(b)(4) describe the criteria for NMFS approval of at-sea monitoring service providers. NMFS is approving service providers for fishing year 2016 (beginning May 1, 2016) based on: (1) Completeness and sufficiency of applications; (2) determination of the applicant's ability to meet the performance requirements of a sector monitoring service provider; and (3) documented successful performance as NMFS-funded providers in fishing year 2015. Northeast multispecies sectors are required to design and implement independent, third-party at-sea monitoring programs in fishing year 2016, and are responsible for the at-sea portion of the costs of these monitoring requirements.

    For fishing year 2015, NMFS approved A.I.S., Inc.; East West Technical Services, LLC; MRAG Americas, Inc.; Fathom Research, LLC; and ACD USA Ltd. as service providers. Once approved, providers must be able to document ongoing compliance with performance requirements in order to maintain eligibility (§ 648.87(b)(4)(ii)). NMFS can disapprove any previously approved service provider during the fishing year if the service provider in question ceases to meet the performance standards. NMFS must notify service providers of disapproval in writing.

    Approved Monitoring Service Providers

    NMFS received complete applications from five companies interested in providing at-sea monitoring services in fishing year 2016; these were the same five service providers that were approved for fishing year 2015. The Regional Administrator has approved all five service providers as eligible to provide at-sea monitoring services in fishing year 2016 because they have met the application requirements, documented an ability to comply with service provider standards, and have been determined to have met the service provider performance criteria:

    Table 1—Approved Fishing Year 2016 Providers Provider name Address Phone Fax Web site ACD USA Ltd 1801 Hollis St., Suite 1220, Halifax, Nova Scotia, Canada B35 3N4 902-749-5107 902-749-4552 www.atlanticcatchdata.ca. A.I.S., Inc 14 Barnabas Rd., P.O. Box 1009, Marion, MA 02738 508-990-9054 508-990-9055 aisobservers.com. East West Technical Services, LLC 1415 Corona Ln., Vero Beach, FL 32963 860-214-2435 860-223-6005 www.ewts.com. Fathom Research, LLC 1213 Purchase St., New Bedford, MA 02740 508-990-0997 508-991-7372 www.fathomresearchllc.com. MRAG Americas, Inc 65 Eastern Ave., Unit B2C, Essex, MA 01929 978-768-3880 978-768-3878 www.mragamericas.com. Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 25, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-09970 Filed 4-28-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE509 Fisheries of the Gulf of Mexico and South Atlantic; Southeast Data, Assessment and Review (SEDAR); Public Meeting AGENCY:

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

    ACTION:

    Notice.

    SUMMARY:

    The SEDAR 47 assessment of the U.S. Goliath Grouper will consist of a Review Workshop.

    DATES:

    The SEDAR 47 Review Workshop will be held from 9 a.m. on May 17, 2016 until 6 p.m. on May 19, 2016. See SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    Meeting address: The SEDAR 47 Review Workshop will be held at the Hampton Inn & Suites, 80 Beach Drive NE., St. Petersburg, Florida 33701.

    SEDAR address: 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405.

    FOR FURTHER INFORMATION CONTACT:

    Julie Neer, SEDAR Coordinator; phone: (843) 571-4366 or toll free (866) SAFMC-10; fax: (843) 769-4520; email: [email protected].

    SUPPLEMENTARY INFORMATION:

    The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR usually involves a three-step process including: (1) Data Workshop; (2) Assessment Process utilizing webinars; and (3) Review Workshop. The product of the Data Workshop is a data report which compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses. The product of the Assessment Process is a stock assessment report which describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. The assessment is independently peer reviewed at the Review Workshop. The product of the Review Workshop is a Summary documenting panel opinions regarding the strengths and weaknesses of the stock assessment and input data. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and NOAA Fisheries Southeast Regional Office, HMS Management Division, and Southeast Fisheries Science Center. Participants include: Data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and non-governmental organizations (NGOs); international experts; and staff of Councils, Commissions, and state and federal agencies.

    The items of discussion in the Review Workshop agenda are as follows:

    The Review Panel participants will review the stock assessment reports to determine if they are scientifically sound.

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

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for auxiliary aids should be directed to the Council office (see ADDRESSES) 3 days prior to the meeting.

    Note:

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

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 26, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-10075 Filed 4-28-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Western Pacific Fishery Management Council; Public Meetings AGENCY:

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

    ACTION:

    Notice of public meetings and hearings.

    SUMMARY:

    This notice provides an update (adds an additional committee to the joint meeting) to a notice that published on April 26, 2016. The Western Pacific Fishery Management Council (Council) will hold a joint meeting of its Hawaii Regional Ecosystem Advisory Committee (REAC), Hawaii Advisory Panel (AP), Fishing Industry Advisory Committee (FIAC) (Hawaii members) and Noncommercial Fishing Advisory Committee (NCFAC) (Hawaii members) and a Hawaii AP meeting to discuss and make recommendations on issues in Hawaii and the Western Pacific region.

    DATES:

    The joint Hawaii REAC, AP, FIAC and NCFAC meeting will be held on Wednesday, May 11, 2016 between 9 a.m. and 12 p.m. The Hawaii AP meeting will be held on Wednesday, May 11, 2016 between 1 p.m. and 4 p.m. For agendas, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The joint Hawaii REAC, AP, FIAC and NCFAC meeting and the Hawaii AP meeting will be held at the Council office, 1164 Bishop St. Honolulu, HI 96813; phone: (808) 522-8220.

    FOR FURTHER INFORMATION CONTACT:

    Kitty M. Simonds, Executive Director, phone: (808) 522-8220.

    SUPPLEMENTARY INFORMATION:

    The original notice published in the Federal Register on April 26, 2016 (81 FR 24565). This notice adds an additional committee to the joint meeting. The notice is being republished in its entirety.

    Public comment periods will be provided throughout the agendas. The order in which agenda items are addressed may change. The meetings will run as late as necessary to complete scheduled business.

    Agenda for the Joint Hawaii AP, REAC, FIAC and NCFAC Meeting Wednesday, May 11, 2016, 9 a.m.-12 p.m. 1. Welcome and Introductions 2. Report on Changes to the Pelagic and Archipelagic Annual Fisheries Reports 3. Review of Annual Report Fishery Performance Information A. Bottomfish B. Coral Reef C. Crustaceans D. Precious Corals E. Pelagics 4. Review of Annual Report Ecosystem Considerations Information and Data Gaps A. Habitat B. Protected Species C. Human Dimensions D. Climate Variables E. Marine Planning F. Data Integration 5. Report on FEP Implementation Activities 6. Public Comment 7. Discussion and Recommendations Agenda for the Hawaii AP Meeting Wednesday, May 11, 2016, 1 p.m.-4 p.m. 1. Welcome and Introductions 2. Hawaii FEP Community Activities 3. Hawaii FEP AP Issues A. Island Fisheries B. Pelagic Fisheries C. Ecosystems and Habitat D. Indigenous and Fishing Communities E. Other Issues 6. Public Comment 7. Discussion and Recommendations 8. Other Business Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, (808) 522-8220 (voice) or (808) 522-8226 (fax), at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 26, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-10163 Filed 4-28-16; 8:45 am] BILLING CODE 3510-22-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Addition and Deletions AGENCY:

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

    ACTION:

    Proposed addition to and deletions from the Procurement List.

    SUMMARY:

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

    DATES:

    Comments must be received on or before: 5/29/2016.

    ADDRESSES:

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

    FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT:

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

    SUPPLEMENTARY INFORMATION:

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

    Addition

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

    The following service is proposed for addition to the Procurement List for provision by the nonprofit agency listed:

    Service Service Type: Laundry Service Service Is Mandatory for: Virginia Army National Guard, United States Property and Fiscal Office, Fort Pickett, Blackstone, VA Mandatory Source(s) of Supply: Rappahannock Goodwill Industries, Inc., Fredericksburg, VA Contracting Activity: Dept of the Army, W7N5 USPFO ACTIVITY VA ARNG, Blackstone, VA Deletions

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

    Services Service Type: Janitorial/Custodial Service Mandatory for: GSA PBS Region 3, Metro West, 300 and 400 North Greene Street, Baltimore, MD Mandatory Source(s) of Supply: The Chimes, Inc., Baltimore, MD Contracting Activity: GSA/PBS/R03, Regional Contracts Support Services Section, Philadelphia, PA Service Type: Recycling Service Mandatory for: Francis E. Warren Air Force Base, Francis E. Warren AFB, WY Mandatory Source(s) of Supply: Magic City Enterprises, Inc., Cheyenne, WY Contracting Activity: Dept of the Air Force, FA4613 90 CONS LGC, Francis E. Warren AFB, WY Service Type: Laundry Service Mandatory for: McChord Air Force Base: Lodging Colored Linen, McChord AFB, WA Mandatory Source(s) of Supply: Northwest Center, Seattle, WA Contracting Activity: Dept of the Air Force, FA4479 62 CONS LGC, McChord AFB, WA Barry S. Lineback, Director, Business Operations.
    [FR Doc. 2016-10180 Filed 4-28-16; 8:45 am] BILLING CODE 6353-01-P
    COMMODITY FUTURES TRADING COMMISSION Sunshine Act Meetings TIME AND DATE:

    10:00 a.m., Friday, May 6, 2016.

    PLACE:

    Three Lafayette Centre, 1155 21st Street NW., Washington, DC, 9th Floor Commission Conference Room.

    STATUS:

    Closed.

    MATTERS TO BE CONSIDERED:

    Surveillance, enforcement, and examinations matters. In the event that the time, date, or location of this meeting changes, an announcement of the change, along with the new time, date, and/or place of the meeting will be posted on the Commission's Web site at http://www.cftc.gov.

    CONTACT PERSON FOR MORE INFORMATION:

    Christopher Kirkpatrick, 202-418-5964.

    Natise Allen, Executive Assistant.
    [FR Doc. 2016-10216 Filed 4-27-16; 4:15 pm] BILLING CODE 6351-01-P
    DEPARTMENT OF DEFENSE Department of the Army Army Education Advisory Subcommittee Meeting Notice AGENCY:

    Department of the Army, DoD.

    ACTION:

    Notice of open Subcommittee meeting.

    SUMMARY:

    The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Defense Language Institute Foreign Language Center Board of Visitors, a subcommittee of the Army Education Advisory Committee. This meeting is open to the public.

    DATES:

    The Defense Language Institute Foreign Language Center (DLIFLC) Board of Visitors Subcommittee will meet from 8:00 a.m. to 5:00 p.m. on June 1 and 2, 2016.

    ADDRESSES:

    Defense Language Institute Foreign Language Center, Building 326, Weckerling Center, Presidio of Monterey, CA 93944.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Detlev Kesten, the Alternate Designated Federal Officer for the subcommittee, in writing at Defense Language Institute Foreign Language Center, ATFL-APAS-AA, Bldg. 634, Presidio of Monterey, CA 93944, by email at [email protected], or by telephone at (831) 242-6670.

    SUPPLEMENTARY INFORMATION:

    The subcommittee meeting is being held under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150.

    Purpose of the Meeting: The purpose of the meeting is to provide the subcommittee with briefings and information focusing on the Institute's plan for its students to achieve higher proficiency scores on the Defense Language Proficiency Test (DLPT). The subcommittee will also receive an update on the Institute's accreditation and will address administrative matters.

    Proposed Agenda: June 1—The subcommittee will receive briefings associated with DLIFLC's higher proficiency goals and the Institute's actions in supporting said goal. The subcommittee will be updated on the Institute's on going self-study to reaffirm its academic accreditation. The subcommittee will complete administrative procedures and appointment requirements. June 2—The subcommittee will have time to discuss and compile observations pertaining to agenda items. General deliberations leading to provisional findings will be referred to the Army Education Advisory Committee for deliberation by the Committee under the open-meeting rules.

    Public Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.140 through 102-3.165, and subject to the availability of space, this meeting is open to the public. Seating is on a first to arrive basis. Attendees are requested to submit their name, affiliation, and daytime phone number seven business days prior to the meeting to Mr. Kesten, via electronic mail, the preferred mode of submission, at the address listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public attending the subcommittee meetings will not be permitted to present questions from the floor or speak to any issue under consideration by the subcommittee. Because the meeting of the subcommittee will be held in a Federal Government facility on a military base, security screening is required. A photo ID is required to enter base. Please note that security and gate guards have the right to inspect vehicles and persons seeking to enter and exit the installation. Weckerling Center is fully handicap accessible. Wheelchair access is available on the right side of the main entrance of the building. For additional information about public access procedures, contact Mr. Kesten, the subcommittee's Alternate Designated Federal Officer, at the email address or telephone number listed in the FOR FURTHER INFORMATION CONTACT section.

    Written Comments or Statements: Pursuant to 41 CFR 102-3.105(j) and 102-3.140 and section 10(a)(3) of the Federal Advisory Committee Act, the public or interested organizations may submit written comments or statements to the subcommittee, in response to the stated agenda of the open meeting or in regard to the subcommittee's mission in general. Written comments or statements should be submitted to Mr. Kesten, the subcommittee Alternate Designated Federal Officer, via electronic mail, the preferred mode of submission, at the address listed in the FOR FURTHER INFORMATION CONTACT section. Each page of the comment or statement must include the author's name, title or affiliation, address, and daytime phone number. The Alternate Designated Federal Official will review all submitted written comments or statements and provide them to members of the subcommittee for their consideration. Written comments or statements being submitted in response to the agenda set forth in this notice must be received by the Alternate Designated Federal Official at least seven business days prior to the meeting to be considered by the subcommittee. Written comments or statements received after this date may not be provided to the subcommittee until its next meeting.

    Pursuant to 41 CFR 102-3.140d, the Committee is not obligated to allow a member of the public to speak or otherwise address the Committee during the meeting. Members of the public will be permitted to make verbal comments during the Committee meeting only at the time and in the manner described below. If a member of the public is interested in making a verbal comment at the open meeting, that individual must submit a request, with a brief statement of the subject matter to be addressed by the comment, at least seven business days in advance to the subcommittee's Alternate Designated Federal Official, via electronic mail, the preferred mode of submission, at the address listed in the FOR FURTHER INFORMATION CONTACT section. The Alternate Designated Federal Official will log each request, in the order received, and in consultation with the Subcommittee Chair, determine whether the subject matter of each comment is relevant to the Subcommittee's mission and/or the topics to be addressed in this public meeting. A 15-minute period near the end of the meeting will be available for verbal public comments. Members of the public who have requested to make a verbal comment and whose comments have been deemed relevant under the process described above, will be allotted no more than three minutes during the period, and will be invited to speak in the order in which their requests were received by the Alternate Designated Federal Official.

    Brenda S. Bowen, Army Federal Register Liaison Officer.
    [FR Doc. 2016-10001 Filed 4-28-16; 8:45 am] BILLING CODE 5001-03-P
    DEPARTMENT OF DEFENSE Department of the Army Notice of Intent To Grant a Partially Exclusive License; AEgis Technologies Group, Inc. AGENCY:

    Department of the Army, DoD.

    ACTION:

    Notice.

    SUMMARY:

    In accordance with 35 U.S.C. 209(e) and 37 CFR part 404.7(a)(1)(i), the Department of the Army announces the intent to grant a revocable, non-assignable, partially exclusive license to AEgis Technologies Inc., Huntsville, Alabama, for the Joint Embedded Messaging System (JEMS) government-owned software for efficient manipulation of data. Joint Embedded Messaging System (JEMS) routes and translates messages and protocols for command and control (C2), simulation, and other systems using a configurable application for input and output formats, providing interoperability solutions while not requiring software modifications for data compatibility.

    DATES:

    Anyone wishing to object to the grant of this license can file written objections, along with supporting evidence, if any, within 15 days from the date of this publication.

    ADDRESSES:

    Written objections are to be filed with the Office of Research and Technology Applications, SDMC-CT (Ms. Susan D. McRae), Bldg. 5220, Von Braun Complex, Room 5078, Redstone Arsenal, AL 35898.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Joan Gilsdorf, Patent Attorney, email: [email protected]; (256) 955-3213 or Ms. Susan D. McRae, Office of Research and Technology Applications (ORTA), email: [email protected]; (256) 955-1501.

    Brenda S. Bowen, Army Federal Register Liaison Officer.
    [FR Doc. 2016-09993 Filed 4-28-16; 8:45 am] BILLING CODE 5001-03-P
    DEPARTMENT OF DEFENSE Office of the Secretary U.S. Strategic Command Strategic Advisory Group; Notice of Federal Advisory Committee Closed Meeting AGENCY:

    Department of Defense.

    ACTION:

    Notice of Federal Advisory Committee closed meeting.

    SUMMARY:

    The Department of Defense is publishing this notice to announce the following Federal Advisory Committee meeting of the U.S. Strategic Command Strategic Advisory Group. This meeting will be closed to the public.

    DATES:

    Tuesday, May 24, 2016, from 8:00 a.m. to 5:00 p.m. and Wednesday, May 25, 2016, from 8:00 a.m. to 11:00 a.m.

    ADDRESSES:

    Dougherty Conference Center, Building 432, 906 SAC Boulevard, Offutt AFB, Nebraska 68113.

    FOR FURTHER INFORMATION CONTACT:

    Mr. John L. Trefz, Jr., Designated Federal Officer, (402) 294-4102, 901 SAC Boulevard, Suite 1F7, Offutt AFB, NE 68113-6030.

    SUPPLEMENTARY INFORMATION:

    This meeting is being held under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C. App 2, Section 1), the Government in Sunshine Act of 1976 (5 U.S.C. 552b), and 41 CFR 102-3.150.

    Purpose of the Meeting: The purpose of the meeting is to provide advice on scientific, technical, intelligence, and policy-related issues to the Commander, U.S. Strategic Command, during the development of the Nation's strategic war plans.

    Agenda: Topics include: Policy Issues, Space Operations, Nuclear Weapons Stockpile Assessment, Weapons of Mass Destruction, Intelligence Operations, Cyber Operations, Global Strike, Command and Control, Science and Technology, Missile Defense.

    Meeting Accessibility: Pursuant to 5 U.S.C. 552b, and 41 CFR 102-3.155, the Department of Defense has determined that the meeting shall be closed to the public. Per delegated authority by the Chairman, Joint Chiefs of Staff, Admiral C.D. Haney, Commander, U.S. Strategic Command, in consultation with his legal advisor, has determined in writing that the public interest requires that all sessions of this meeting be closed to the public because they will be concerned with matters listed in 5 U.S.C. 552b(c)(1).

    Written Statements: Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to the membership of the Strategic Advisory Group at any time or in response to the stated agenda of a planned meeting. Written statements should be submitted to the Strategic Advisory Group's Designated Federal Officer; the Designated Federal Officer's contact information can be obtained from the GSA's FACA Database—http://www.facadatabase.gov/. Written statements that do not pertain to a scheduled meeting of the Strategic Advisory Group may be submitted at any time. However, if individual comments pertain to a specific topic being discussed at a planned meeting, then these statements must be submitted no later than five business days prior to the meeting in question. The Designated Federal Officer will review all submitted written statements and provide copies to all the committee members.

    Dated: April 25, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2016-09982 Filed 4-28-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary Charter Renewal of Department of Defense Federal Advisory Committees AGENCY:

    Department of Defense.

    ACTION:

    Renewal of Federal Advisory Committee.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce that it is renewing the charter for the Defense Science Board (“the Board”).

    FOR FURTHER INFORMATION CONTACT:

    Jim Freeman, Advisory Committee Management Officer for the Department of Defense, 703-692-5952.

    SUPPLEMENTARY INFORMATION:

    This committee's charter is being renewed in accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended) and 41 CFR 102-3.50(d). The charter and contact information for the Board's Designated Federal Officer (DFO) can be obtained at http://www.facadatabase.gov/.

    The Board provides independent advice and recommendations on science, technology, manufacturing, acquisition process, and other matters of special interest to the DoD to the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)), and other senior Defense officials. The Board shall be composed of not more than 50 members, who are eminent authorities in the fields of science, technology, manufacturing, acquisition process, and other matters of special interest to the DoD. Members who are not full-time or permanent part-time Federal officers or employees are appointed as experts or consultants pursuant to 5 U.S.C. 3109 to serve as special government employee members. Members who are full-time or permanent part-time Federal officers or employees are appointed pursuant to 41 CFR 102-3.130(a) to serve as regular government employee members. All members are appointed to provide advice on behalf of the Government on the basis of their best judgment without representing any particular point of view and in a manner that is free from conflict of interest. Except for reimbursement of official Board-related travel and per diem, members serve without compensation. The DoD, as necessary and consistent with the Board's mission and DoD policies and procedures, may establish subcommittees, task forces, or working groups to support the Board, and all subcommittees must operate under the provisions of FACA and the Government in the Sunshine Act. Subcommittees will not work independently of the Board and must report all recommendations and advice solely to the Board for full deliberation and discussion. Subcommittees, task forces, or working groups have no authority to make decisions and recommendations, verbally or in writing, on behalf of the Board. No subcommittee or any of its members can update or report, verbally or in writing, directly to the DoD or any Federal officers or employees. The Board's DFO, pursuant to DoD policy, must be a full-time or permanent part-time DoD employee, and must be in attendance for the duration of each and every Board/subcommittee meeting. The public or interested organizations may submit written statements to the Board membership about the Board's mission and functions. Such statements may be submitted at any time or in response to the stated agenda of planned Board. All written statements must be submitted to the Board's DFO who will ensure the written statements are provided to the membership for their consideration.

    Dated: April 25, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2016-09971 Filed 4-28-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD-2016-OS-0050] Proposed Collection; Comment Request AGENCY:

    Office of the DoD Chief Information Officer, DoD.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Office of the DoD Chief Information Officer announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by June 28, 2016.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

    Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate of Oversight and Compliance, 4800 Mark Center Drive, Mailbox #24, Alexandria, VA 22350-1700.

    Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collections or to obtain a copy of the proposal and associated collection instruments, please contact the DoD's DIB Cybersecurity Activities Office: (703) 604-3167, toll free (855) 363-4227, located at 1550 Crystal Dr., Suite 1000-A, Arlington, VA 22202.

    SUPPLEMENTARY INFORMATION:

    Title: Associated Form; and OMB Number: DoD's Defense Industrial Base (DIB) Cybersecurity (CS) Program Point of Contact (POC) Information; OMB Control Number 0704-0490.

    Needs and Uses: The information collection requirement is necessary to execute the voluntary Defense Industrial Base (DIB) Cybersecurity (CS) program. DoD will collect business points of contact (POC) information from all DIB CS program participants on a one-time basis, with updates as necessary, to facilitate communications and the sharing of share unclassified and classified cyber threat information.

    Affected Public: Business or other for-profit and not-for-profit institutions.

    Annual Burden Hours: 312.

    Number of Respondents: 935.

    Responses per Respondent: 1.

    Annual Responses: 935.

    Average Burden per Response: 20 minutes.

    Frequency: On occasion.

    Respondents are cleared defense contractors participating in DoD's DIB Cybersecurity program who voluntarily share cyber threat information with DoD. DoD estimates that no more than 10% of the total eligible population of cleared defense contractors will apply to the voluntary DIB Cybersecurity program resulting in 850 cleared defense contractors impacted annually. An additional 10% of the population or 85 contractors may provide updated points of contact for the program, as required. Having DIB participants share cyber threat information under the DIB CS program allows both DoD and DIB participants to better understand cyber threats, to better protect unclassified defense information, and increases cyber situational awareness of the overall threat landscape, while preserving the intellectual property and competitive capabilities of our national defense industrial base.

    Dated: April 25, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2016-09995 Filed 4-28-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary Defense Acquisition University Board of Visitors; Notice of Federal Advisory Committee Meeting AGENCY:

    Defense Acquisition University, DoD.

    ACTION:

    Meeting notice.

    SUMMARY:

    The Department of Defense is publishing this notice to announce a Federal Advisory Committee meeting of the Defense Acquisition University Board of Visitors. This meeting will be open to the public.

    DATES:

    Wednesday, May 25, 2016, from 9:00 a.m. to 4:00 p.m.

    ADDRESSES:

    DAU Headquarters, Bldg 202, 9820 Belvoir Road, Ft Belvoir, VA 22060.

    FOR FURTHER INFORMATION CONTACT:

    Caren Hergenroeder, Protocol Director, DAU. Phone: 703-805-5134. Fax: 703-805-5940. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    This meeting is being held under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150.

    Purpose of the Meeting: The purpose of this meeting is to report back to the Board of Visitors on continuing items of interest. Agenda:

    9:00 a.m.—Welcome and Announcements 9:10 a.m.—DAU Update 10:00 a.m.—Discussion with Functional Leads 12:00 p.m.—Lunch 1:00 p.m.—Discussion with Functional Lead/ASD(A) 2:45 p.m.—Scenario-based Discussions 4:00 p.m—Adjourn

    Public's Accessibility to the Meeting: 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. However, because of space limitations, allocation of seating will be made on a first-come, first served basis. Persons desiring to attend the meeting should call Ms. Caren Hergenroeder at 703-805-5134.

    Written Statements: 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 Defense Acquisition University Board of Visitors about its mission and functions. Written statements may be submitted at any time or in response to the stated agenda of a planned meeting of the Defense Acquisition University Board of Visitors.

    All written statements shall be submitted to the Designated Federal Officer for the Defense Acquisition University Board of Visitors, and this individual will ensure that the written statements are provided to the membership for their consideration.

    Statements being submitted in response to the agenda mentioned in this notice must be received by the Designated Federal Officer at least five calendar days prior to the meeting which is the subject of this notice. Written statements received after this date may not be provided to or considered by the Defense Acquisition University Board of Visitors until its next meeting.

    Committee's Designated Federal Officer or Point of Contact: Ms. Christen Goulding, 703-805-5412, [email protected]

    Dated: April 26, 2016. Aaron Siegel, Alternate OSD Federal Register$ Liaison Officer, Department of Defense.
    [FR Doc. 2016-10033 Filed 4-28-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers City of Norfolk Flood Risk Management Study NEPA Scoping Meeting and Public Comment Period AGENCY:

    Department of the Army, U.S. Army Corps of Engineers, DoD.

    ACTION:

    Notice of Intent/NEPA Scoping meeting and public comment period.

    SUMMARY:

    Pursuant to the requirements of section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, 42 U.S.C. 4321-4370, as implemented by the Council on Environmental Quality Regulations (40 CFR parts 1500-1508), the U.S. Army Corps of Engineers (USACE) plans to prepare a Feasibility Study with an integrated Environmental Impact Statement (EIS) to evaluate environmental impacts from reasonable project alternatives and to determine the potential for significant impacts related to reduce future flood risk in ways that support the long‐term resilience and sustainability of the coastal ecosystem and surrounding communities due to sea level rise, local subsidence and storms, and to reduce the economic costs and risks associated with large‐scale flood and storm events in the City of Norfolk, Virginia.

    DATES:

    Scoping comments may be submitted until June 30, 2016.

    ADDRESSES:

    The public is invited to submit NEPA scoping comments at the meeting and/or submit comments to Mr. David Schulte, Department of the Army, U.S. Army Corps of Engineers, Norfolk District, Fort Norfolk, 803 Front St., Norfolk, VA 23510 or via email: [email protected] The project title and the commenter's contact information should be included with submitted comments.

    FOR FURTHER INFORMATION CONTACT:

    David Schulte, (757) 201-7007.

    SUPPLEMENTARY INFORMATION:

    Historical storms have impacted the City of Norfolk. In response to these storms, USACE is investigating measures to reduce future flood risk in ways that support the long‐term resilience and sustainability of the coastal ecosystem and surrounding communities, and reduce the economic costs and risks associated with flood and storm events. In support of this goal, USACE completed the North Atlantic Coast Comprehensive Study, which identified nine high risk areas on the Atlantic Coast for further analysis based on preliminary findings.

    The City of Norfolk was identified as one of the nine areas of high risk, or Focus Areas, that warrants an in-depth investigation into potential coastal storm risk management measures. The Norfolk Focus Area is located on the southern shore of the Chesapeake Bay identified as one of the highest risk areas for relative sea level rise on the Atlantic Coast.

    USACE is the lead federal agency and the city of Norfolk will be the non-federal sponsor for the study. The city of Norfolk has experienced an accelerating increase in nuisance flooding due to storms of varying magnitude, with large storms (nor'easters and hurricanes) often causing major flooding in many areas of the City. The most recent events that flooded major portions of the City were the November 2009 Northeaster, and Hurricanes Isabel (2003), Irene (2011), and Sandy (2012). The feasibility study will address potential structural and non-structural alternatives to mitigate impacts from flooding and determining the Federal interest in cost-sharing for those alternatives.

    As required by Council on Environmental Quality's Principles, Requirements and Guidelines for Water and Land Related Resources Implementation Studies all reasonable alternatives to the proposed Federal action that meet the purpose and need will be considered in the EIS. These alternatives will include no action and a range of reasonable alternatives for reducing flood risk within the city of Norfolk.

    Scoping/Public Involvement. The public NEPA scoping meeting will be held on May 25, 2016, from 5 p.m.-8 p.m. It will be held at the Mary D. Pretlow Anchor Branch Library 111 W Ocean View Ave, Norfolk, VA 23503. Federal, state, and local agencies, Indian tribes, and the public are invited to provide scoping comments to identify issues and potentially significant effects to be considered in the analysis.

    Brenda S. Bowen, Army Federal Register Liaison Officer.
    [FR Doc. 2016-10002 Filed 4-28-16; 8:45 am] BILLING CODE 3720-58-P
    DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Termination of the Environmental Impact Statement for the Proposed Lake Columbia Regional Water Supply Reservoir Project in Texas AGENCY:

    Department of the Army, U.S. Army Corps of Engineers, DoD.

    ACTION:

    Notice of Termination of the Environmental Impact Statement (EIS) Process.

    SUMMARY:

    The U.S. Army Corps of Engineers, Fort Worth District, Regulatory Division is notifying interested parties that it has terminated the process to develop a Revised Draft Environmental Impact Statement (DEIS) and has withdrawn the Section 404 Clean Water Act permit application for the proposed `Lake Columbia Regional Water Supply Reservoir Project' submitted in 2005 by an independent governmental agency known as the Angelina & Neches River Authority (ANRA). The original Notice of Intent to Prepare an EIS was published in the Federal Register on Friday, June 28, 2005 (70 FR 37094).

    FOR FURTHER INFORMATION CONTACT:

    Questions regarding the termination of this EIS process should be addressed to Mr. Chandler Peter, Regulatory Technical Specialist, U.S. Army Corps of Engineers, Fort Worth District, Regulatory Division, 819 Taylor Street, P.O. Box 17300, Fort Worth, TX 76102; (817) 886-1736; [email protected]

    Stephen L. Brooks, Chief, Regulatory Division, Fort Worth District.
    [FR Doc. 2016-09999 Filed 4-28-16; 8:45 am] BILLING CODE 3720-58-P
    DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Lake Eufaula Advisory Committee Meeting Notice AGENCY:

    Department of the Army, U.S. Army Corps of Engineers, DoD.

    ACTION:

    Notice of open committee meeting.

    SUMMARY:

    The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Lake Eufaula Advisory Committee (LEAC). The meeting is open to the public.

    DATES:

    The Committee will meet from 10:00 a.m.-12:00 p.m. on Tuesday, June 7, 2016.

    ADDRESSES:

    The meeting will be held at Three Forks Harbor, 5201 Three Forks Road, Fort Gibson, OK 74434.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Jeff Knack; Designated Federal Officer (DFO) for the Committee, in writing at Eufaula Lake Office, 102 E. BK 200 Rd, Stigler, OK 74462-1829, or by email at [email protected], or by phone at 1-918-484-5135, ext. 3117.

    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 Sunshine in the Government Act of 1976 (U.S.C. 552b, as amended) and 41 CFR 102-3.150.

    Purpose of the Meeting: The Lake Eufaula Advisory Committee is an independent Federal advisory committee established as directed by Section 3133(b) of the Water Resources Development Act of 2007 (WRDA 2007) (Pub. L. 110-114). The committee is advisory in nature only with duties to include providing information and recommendations to the Corps of Engineers regarding operations of Eufaula Lake, Oklahoma for project purposes. In accordance with Sections 3133(c)(2) and 3133(d)(1) of WRDA 2007, the committee will also provide recommendations on a reallocation study concerning current and future use of the Lake Eufaula storage capacity for authorized project purposes as well as a subsequent pool management plan.

    Proposed Agenda: This will be the first meeting of the LEAC. The committee will conduct introductions of members, discuss organizational details and logistics, and discuss future direction.

    Public's Accessibility to the Meeting: 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 Three Forks Harbor is readily accessible to and usable by persons with disabilities. For additional information about public access procedures, contact Mr. Jeff Knack, the Committee's Designated Federal Officer, at the email address or telephone number listed in the FOR FURTHER INFORMATION CONTACT section.

    Written Comments and Statements: Pursuant to 41 CFR 102-3.105(j) and 102-3.140 and section 10(a)(3) of the Federal Advisory Committee Act, the public or interested organizations may submit written comments or statements to the Committee, in response to the stated agenda of the open meeting or in regard to the Committee's mission in general. Written comments or statements should be submitted to Mr. Knack, the Committee's Designated Federal Officer, via electronic mail, the preferred mode of submission, at the address listed in the FOR FURTHER INFORMATION CONTACT section. Each page of the comment or statement must include the author's name, title or affiliation, address, and daytime phone number. Written comments or statements being submitted in response to the agenda set forth in this notice must be received by the Designated Federal Officer at least seven business days prior to the meeting to be considered by the Committee. The Designated Federal Officer and the Committee Chair will review all timely submitted written comments or statements and ensure the comments are provided to all members of the Committee before the meeting. Written comments or statements received after this date may not be provided to the Committee until its next meeting. Please note that because the LEAC operates under the provisions of the Federal Advisory Committee Act, as amended, all written comments will be treated as public documents and will be made available for public inspection.

    Pursuant to 41 CFR 102-3.140d, the Committee is not obligated to allow a member of the public to speak or otherwise address the Committee during the meeting. Members of the public will be permitted to make verbal comments during the Committee meeting only at the time and in the manner described below. If a member of the public is interested in making a verbal comment at the open meeting, that individual must submit a request, with a brief statement of the subject matter to be addressed by the comment, at least three (3) days in advance to the Committee's Designated Federal Officer, via electronic mail, the preferred mode of submission, at the addresses listed in the FOR FURTHER INFORMATION CONTACT section. The Designated Federal Officer will log each request, in the order received, and in consultation with the Committee Chair determine whether the subject matter of each comment is relevant to the Committee's mission and/or the topics to be addressed in this public meeting. A 15-minute period near the end of meeting will be available for verbal public comments. Members of the public who have requested to make a verbal comment and whose comments have been deemed relevant under the process described above, will be allotted no more than three (3) minutes during this period, and will be invited to speak in the order in which their requests were received by the Designated Federal Officer.

    Brenda S. Bowen, Army Federal Register Liaison Officer.
    [FR Doc. 2016-10003 Filed 4-28-16; 8:45 am] BILLING CODE 3720-58-P
    DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers [USACE Project No. SWF-2010-00244] Availability of a Final Regional Environmental Impact Statement To Analyze Potential Impacts Within Defined Geographic Regions in Texas That May Be Affected by Future U.S. Army Corps of Engineers, Fort Worth District, Permit Decisions for Future Surface Coal and Lignite Mine Expansions or Satellite Mines Within the District's Area of Responsibility AGENCY:

    Department of the Army, U.S. Army Corps of Engineers, DoD.

    ACTION:

    Notice of availability.

    SUMMARY:

    The U.S. Army Corps of Engineers (USACE), Fort Worth District, as lead federal agency, has prepared this Regional Environmental Impact Statement (REIS) to analyze potential impacts within defined geographic regions in Texas that may be affected by future USACE, Fort Worth District, permit decisions for future surface coal and lignite mine expansions or satellite mines within the District's area of responsibility. The REIS has been prepared in compliance with the National Environmental Policy Act of 1969 (NEPA), the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), and the USACE Procedures for Implementing NEPA (33 CFR part 230).

    FOR FURTHER INFORMATION CONTACT:

    Mr. Darvin Messer, Regulatory Project Manager at (817) 886-1744 or via email: [email protected].

    SUPPLEMENTARY INFORMATION:

    The USACE, Fort Worth District, is proposing changes to its regulatory framework for surface coal and lignite mines in Texas. The proposed regulatory framework includes the establishment of a Regional General Permit (RGP) and a revised Letter of Permission (LOP) procedure with modifications to aquatic resource impact thresholds and a change from agency concurrence to agency coordination as compared to the current process. No changes to the criteria for Nationwide Permit (NWP) 21 or NWP 49 are proposed.

    The REIS considers the potential environmental impacts of future mine expansions or satellite mines in six study areas along the coal-bearing formations in Texas that run from southwest Texas to northeast Texas. The study areas encompass locations within the coal/lignite belt in Texas that were determined to be within reasonable proximity to existing surface coal and lignite mines with potential for future expansion.

    Copies of the Final REIS may be obtained by contacting USACE Fort Worth District Regulatory Branch at (817) 886-1731 or downloaded/printed from the Fort Worth District USACE internet Web site at: http://www.swf.usace.army.mil/Missions/Regulatory/Permitting/REISforLigniteMininginTexas.aspx

    Copies of the Final REIS are also available for inspection at the locations identified below:

    Pittsburg-Camp County Public Library, 613 Quitman Street, Pittsburg, TX 75686 Sammy Brown Library, 319 S. Market St., Carthage, TX 75633 Franklin County Library, 100 Main Street East, Mt. Vernon, TX 75457 Rusk County Library, 106 East Main St., Henderson, TX 75652 Sulphur Springs Public Library, 611 Davis St. North, Sulphur Springs, TX 75482 Fannie Brown Booth Library, 619 Tenaha Street, Center, TX 75935 Rains County Public Library, 150 Doris Briggs Parkway, Emory, TX 75440 Tyler Public Library, 201 S. College Ave., Tyler, TX 75702 Mount Pleasant Public Library, 601 North Madison Ave., Mount Pleasant, TX 75455 Palestine Public Library, 2000 S. Loop 256, Ste. 42, Palestine, TX 75801 Quitman Public Library, 202 East Goode Street, Quitman, TX 75783 Marlin Public Library, 400 Oaks St., Marlin, TX 76661 Singletary Memorial Library, 207 E 6th St, Rusk, TX 75785 Mary Moody Northen Municipal Library, 350 West Main Street, Fairfield, TX 75840 Longview Public Library, 222 W. Cotton St., Longview, TX 75601 Clint W. Murchinson Memorial Library, 121 S. Prairieville, Athens, TX 75751 Marshall Public Library, 300 S. Alamo Blvd., Marshall, TX 75670 Elmer P. & Jewel Ward Memorial Library, 207 E St Mary's St, Centerville, TX 75833 Groesbeck Maffett Public Library, 601 W. Yeagua St., Groesbeck, TX 76642 Georgetown Public Library, 402 W. 8th St., Georgetown, TX 78626 Jourdanton Community Library, 1101 Cambell Ave., Jourdanton, TX 78026 Carnegie Library, 315 E. Decherd Street, Franklin, TX 77856 Live Oak County Library, 102 Le Roy St, Three Rivers, TX 78071 Van Zandt County Public Library, 317 First Monday Ln, Canton, TX 75103 Dimmit County Public Library, 200 N. 9th Street, Carrizo Springs, TX 78834 Bastrop Public Library, 1100 Church Street, Bastrop, TX 78602 Kinney County Public Library, 510 South Ellen St., Bracketville, TX 78832 Harrie P. Woodson Memorial Library, 704 W. Hwy. 21, Caldwell, TX 77836 Eagle Pass Main Library, 589 East Main, Eagle Pass, TX 78852 Giddings Public Library, 276 North Orange St., Giddings, TX 78942 Crystal City Memorial Library, 101 E Dimmit, Crystal City, TX 78839 Cameron Public Library, 304 East 3rd Street, Cameron, TX 76520 Stephen L Brooks, Chief, Regulatory Division.
    [FR Doc. 2016-10000 Filed 4-28-16; 8:45 am] BILLING CODE 3720-58-P
    DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Notice of Availability of the Final Environmental Impact Statement (FEIS) for the Installation of a Terminal Groin Structure at the Eastern End of Ocean Isle Beach, Extending Into the Atlantic Ocean, West of Shallotte Inlet (Brunswick County, NC) AGENCY:

    Department of the Army, U.S. Army Corps of Engineers, DoD.

    ACTION:

    Notice of availability.

    SUMMARY:

    The U.S. Army Corps of Engineers (USACE), Wilmington District, Wilmington Regulatory Field Office has received a request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, from the Town of Ocean Isle Beach to install a terminal groin structure on the east side of Ocean Isle Beach, extending into the Atlantic Ocean, just west of Shallotte Inlet. The structure will be designed to function in concert with the Federal storm damage reduction project.

    DATES:

    The public commenting period on the FEIS will end at 5 p.m., May 31, 2016.

    ADDRESSES:

    Copies of comments and questions regarding the FEIS may be submitted to: U.S. Army Corps of Engineers (Corps), Wilmington District, Regulatory Division, c/o Mr. Tyler Crumbley. ATTN: File Number SAW-2011-01241, 69 Darlington Avenue, Wilmington, NC 28403.

    FOR FURTHER INFORMATION CONTACT:

    Questions about the proposed action and FEIS can be directed to Mr. Tyler Crumbley, Wilmington Regulatory Field Office, telephone: (910) 251-4170, facsimile (910) 251-4025, or email at [email protected]

    SUPPLEMENTARY INFORMATION:

    1. Project Description. The Town of Ocean Isle Beach is seeking Federal and State authorization for construction of a terminal groin, and associated beach fillet with required maintenance, to be located at the eastern end of Ocean Isle Beach. The proposed terminal groin and beach fillet is the Town's preferred alternative (#5) of five alternatives considered in this document. Under the preferred alternative, the terminal groin would extend 750-feet seaward, and 300-feet shoreward, of the April 2007 mean high water shoreline. The seaward section would be constructed with loosely placed armor stone to facilitate the movement of sand past the structure. The shoreward anchorage section would be constructed with sheet pile which would have a top elevation varying from +4.9 feet NAVD to +4.5 feet NAVD.

    The proposed terminal groin is one of four such structures approved by the General Assembly to be constructed in North Carolina following passing of Senate Bill (SB) 110. The U.S. Army Corps of Engineers (USACE) determined that there is sufficient information to conclude that the project would result in significant adverse impact on the human environment, and has prepared an FEIS pursuant to the National Environmental Policy Act (NEPA) to evaluate the environmental effects of the alternatives considering the project's purpose and need. The purpose and need of the proposed terminal groin and beach fillet is to provide shoreline protection that would mitigate chronic erosion on the eastern portion on the Town's oceanfront shoreline so as to preserve the integrity of its infrastructure, provide protection to existing development, and ensure the continued use of the oceanfront beach along this area.

    2. Issues. There are several potential environmental and public interest issues that are addressed in the FEIS. Public interest issues include, but are not limited to, the following: public safety, aesthetics, recreation, navigation, infrastructure, solid waste, economics, and noise pollution. Additional issues may be identified during the public review process and addressed in the Record of Decision (ROD). Issues initially identified as potentially significant include:

    a. Potential impacts to marine biological resources (benthic organisms, passageway for fish and other marine life) and Essential Fish Habitat.

    b. Potential impacts to threatened and endangered marine mammals, reptiles, birds, fish, and plants.

    c. Potential for effects/changes to Ocean Isle beach, Holden Beach, Sunset Beach, and Shallotte inlet, respectively.

    d. Potential impacts to navigation.

    e. Potential effects on regional sand sources and sand management practices, including the Federal (Ocean Isle Beach storm damage reduction) project.

    f. Potential effects of shoreline protection.

    g. Potential impacts on public health and safety.

    h. Potential impacts to recreational and commercial fishing.

    i. Potential impacts to cultural resources.

    j. Potential impacts to future dredging and nourishment activities.

    3. Alternatives. Several alternatives are being considered for the proposed project. These alternatives, including the No Action alternative, were further formulated and developed during the scoping process and considered in the FEIS. A summary of alternatives under consideration are provided below:

    a. Alternative 1—No Action (Continue Current Management Practices) b. Alternative 2—Abandon/Retreat c. Alternative 3—Beach Fill Only (Including Federal Project) d. Alternative 4—Shallotte Inlet Bar Channel Realignment with Beach Fill (Including Federal Project) e. Alternative 5—Terminal Groin with Beach Fill (Including Federal Project)/Applicants Preferred Alternative

    4. Scoping Process. Project Review Team meetings were held to receive comments and assess concerns regarding the appropriate scope and preparation of the FEIS. Federal, state, and local agencies and other interested organizations and persons participated in these Project Review Team meetings.

    The Corps has completed consultation with the United States Fish and Wildlife Service and the National Marine Fisheries Service pursuant to the Endangered Species Act and the Fish and Wildlife Coordination Act. The Corps has also completed consultation with the National Marine Fisheries Service pursuant to the Magnuson-Stevens Act and Endangered Species Act. The Corps has coordinated with the State Department of Cultural Resources pursuant to Section 106 of the National Historic Preservation Act.

    Potential water quality concerns have been addressed pursuant to Section 401 of the Clean Water Act through coordination with the North Carolina Divisions of Coastal Management (DCM) and Water Resources (DWR). This coordination will insure consistency with the Coastal Zone Management Act and project compliance with water quality standards. The Corps has coordinated closely with DCM in the development of the FEIS to ensure the process complies with State Environmental Policy Act (SEPA) requirements, as well as the NEPA requirements. The FEIS has been designed to consolidate both NEPA and SEPA processes to eliminate duplications.

    5. Evaluation/Release of the Draft EIS (DEIS). The DEIS was released on January 23, 2015, and a Public Hearing was held on February 24, 2015. Comments received from the DEIS have been addressed and made part of the FEIS. No less than 30 days from the date of release of the FEIS, the Corps will prepare a ROD to support a permit decision on the applicant's preferred alternative in accordance with NEPA and our program regulations. The ROD will address the Public Interest Review criteria, the Section 404(B)1 Guidelines (used to implement Section 404 of the Clean Water Act), and related Federal Laws (i.e., Endangered Species Act, National Historic Preservation Act, and the Magnuson Stevens Fisheries Conservation and Management Act) in addition to applicable Executive Orders, and other regulatory policies.

    6. Availability of the FEIS. This NOA announces that the FEIS has been released and will be circulated for 30 days from the date of this NOA. The FEIS for the proposal can be found at the following link under Major Projects/Town of Ocean Isle Terminal Groin Project: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/MajorProjects.

    Dated: April 20, 2016. Scott McLendon, Chief, Regulatory Division.
    [FR Doc. 2016-09997 Filed 4-28-16; 8:45 am] BILLING CODE 3720-58-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: ER13-1488-007.

    Applicants: Quantum Pasco Power, LP.

    Description: Compliance filing: Quantum Pasco Power, LP Revised Electric Tariff to be effective 4/23/2016.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5146.

    Comments Due: 5 p.m. ET 5/13/16.

    Docket Numbers: ER16-463-001.

    Applicants: Midcontinent Independent System Operator, Inc., Ameren Illinois Company.

    Description: Compliance filing: 2016-04-22_SA 2765 MidAmerican-Ameren Illinois 1st Rev TIA Compliance to be effective 2/18/2016.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5091.

    Comments Due: 5 p.m. ET 5/13/16.

    Docket Numbers: ER16-920-001.

    Applicants: Southwestern Public Service Company.

    Description: Compliance filing: 4-22-16_ER13-1455 Comp Filing to be effective 4/20/2012.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5144.

    Comments Due: 5 p.m. ET 5/13/16.

    Docket Numbers: ER16-1484-000.

    Applicants: Goshen Phase II LLC.

    Description: § 205(d) Rate Filing: Revised Market-Based Rate Tariff to be effective 6/22/2016.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5074.

    Comments Due: 5 p.m. ET 5/13/16.

    Docket Numbers: ER16-1485-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2016-04-22_MI ONT PARS MISO-PJM JOA Revisions to be effective 6/22/2016.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5135.

    Comments Due: 5 p.m. ET 5/13/16.

    Docket Numbers: ER16-1486-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Revisions to MISO-PJM JOA re: MI-Ont PARS Congestion Mgmt to be effective 6/22/2016.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5141.

    Comments Due: 5 p.m. ET 5/13/16.

    Docket Numbers: ER16-1487-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: First Revised Interconnection Service Agreement No. 3767, Queue No. AA1-078 to be effective 3/23/2016.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5145.

    Comments Due: 5 p.m. ET 5/13/16.

    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 22, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-10022 Filed 4-28-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER16-1465-000] Palmco Power MI 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 Palmco Power MI 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 11, 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 21, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-10137 Filed 4-28-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL16-51-000] Beaver Dam Energy LLC; Notice of Institution of Section 206 Proceeding and Refund Effective Date

    On April 22, 2016, the Commission issued an order in Docket No. EL16-51-000, pursuant to section 206 of the Federal Power Act (FPA), 16 U.S.C. 824e (2012), instituting an investigation into the justness and reasonableness of Beaver Dam Energy LLC's reactive power rate schedule. Beaver Dam Energy LLC, 155 FERC ¶ 61,086 (2016).

    The refund effective date in Docket No. EL16-51-000, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the Federal Register.

    Dated: April 22, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-10024 Filed 4-28-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP16-863-000.

    Applicants: Northwest Pipeline LLC.

    Description: § 4(d) Rate Filing: NWP Non-Conforming Agreements—Cascade 100304 & 141193 to be effective 5/23/2016.

    Filed Date: 4/21/16.

    Accession Number: 20160421-5156.

    Comments Due: 5 p.m. ET 5/3/16.

    Docket Numbers: RP16-864-000.

    Applicants: Columbia Gas Transmission, LLC.

    Description: Compliance filing Modernization II Implementation Filing—RP16-314 to be effective 5/1/2016.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5142.

    Comments Due: 5 p.m. ET 5/4/16.

    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 comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    Filings in Existing Proceedings

    Docket Numbers: RP16-608-001.

    Applicants: ANR Pipeline Company.

    Description: Compliance filing Compliance to Docket No. RP16-608-000 to be effective 4/1/2016.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5007.

    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: RP16-657-001.

    Applicants: Dominion Transmission, Inc.

    Description: Compliance filing DTI—RP16-657 Nonconforming Service Agreement Compliance Filing to be effective 4/1/2016.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5043.

    Comments Due: 5 p.m. ET 5/4/16.

    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 25, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-10082 Filed 4-28-16; 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 exempt wholesale generator filings:

    Docket Numbers: EG16-88-000.

    Applicants: Blythe Solar II, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status of Blythe Solar II, LLC.

    Filed Date: 4/25/16.

    Accession Number: 20160425-5232.

    Comments Due: 5 p.m. ET 5/16/16.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2997-004; ER12-2178-015; ER10-2172-027; ER14-2144-006; ER12-2311-014; ER10-3003-004; ER10-2179-031; ER11-2016-020; ER10-2184-026; ER10-1048-024; ER10-2192-027; ER15-1537-004; ER15-1539-004; ER11-2056-020; ER10-2178-027; ER14-1524-007; ER11-2014-023; ER11-2013-023; ER10-3308-024; ER10-3018-004; ER10-3015-004; ER10-1020-022; ER13-1536-011; ER10-1078-022; ER10-1080-022; ER11-2010-024; ER10-1081-023; ER15-2293-001; ER10-3016-004; ER14-2145-005; ER10-2180-026; ER12-2201-014; ER11-2011-023; ER12-2528-013; ER11-2009-023; ER11-3989-019; ER10-2181-031; ER10-1143-023; ER10-2992-004; ER10-3030-004; ER10-2990-004; ER10-2182-031; ER10-1829-002; ER11-2007-020; ER12-1223-019; ER11-2005-023.

    Applicants: Atlantic City Electric Company, AV Solar Ranch 1, LLC, Baltimore Gas and Electric Company, Beebe 1B Renewable Energy, LLC, Beebe Renewable Energy, LLC, Bethlehem Renewable Energy LLC, Calvert Cliffs Nuclear Power Plant, LLC, Cassia Gulch Wind Park, LLC, CER Generation, LLC, Commonwealth Edison Company, Constellation Energy Commodities Group Maine, LLC, Constellation Energy Services, Inc., Constellation Energy Services of New York, Inc., Constellation Mystic Power, LLC, Constellation NewEnergy, Inc., Constellation Power Source Generation, LLC, Cow Branch Wind Power, LLC, CR Clearing, LLC, Criterion Power Partners, LLC, Delmarva Power & Light Company, Eastern Landfill Gas, LLC, Exelon Framingham, LLC, Exelon Generation Company, LLC, Exelon New Boston, LLC, Exelon West Medway, LLC, Exelon Wind 4, LLC, Exelon Wyman, LLC, Fair Wind Power Partners, LLC, Fauquier Landfill Gas, LLC, Fourmile Wind Energy, LLC, Handsome Lake Energy, LLC, Harvest II Windfarm, LLC, Harvest WindFarm, LLC, High Mesa Energy, LLC, Michigan Wind 1, LLC, Michigan Wind 2, LLC, Nine Mile Point Nuclear Station, LLC, PECO Energy Company, Pepco Energy Services, Inc., Potomac Electric Power Company, Potomac Power Resources, LLC, R.E. Ginna Nuclear Power Plant, LLC, Shooting Star Wind Project, LLC, Tuana Springs Energy, LLC, Wildcat Wind, LLC, Wind Capital Holdings, LLC.

    Description: Notice of Change in Status of the Exelon MBR Entities, et al.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5293.

    Comments Due: 5 p.m. ET 5/13/16.

    Docket Numbers: ER15-2679-004.

    Applicants: Latigo Wind Park, LLC.

    Description: Notice of Non-Material Change in Status of Latigo Wind Park, LLC.

    Filed Date: 4/25/16.

    Accession Number: 20160425-5190.

    Comments Due: 5 p.m. ET 5/16/16.

    Docket Numbers: ER16-1492-000.

    Applicants: NorthWestern Corporation.

    Description: Initial rate filing: SA 779—Relocation Agreement with Stillwater County—West Rosebud Creek Road to be effective 4/26/2016.

    Filed Date: 4/25/16.

    Accession Number: 20160425-5127.

    Comments Due: 5 p.m. ET 5/16/16.

    Docket Numbers: ER16-1493-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: Amend LGIA Big Sky Solar Project to be effective 4/26/2016.

    Filed Date: 4/25/16.

    Accession Number: 20160425-5159.

    Comments Due: 5 p.m. ET 5/16/16.

    Docket Numbers: ER16-1494-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: 2016 Revised Added Facilities Rate under TO—Filing No. 2 to be effective 1/1/2016.

    Filed Date: 4/25/16.

    Accession Number: 20160425-5174.

    Comments Due: 5 p.m. ET 5/16/16.

    Docket Numbers: ER16-1495-000.

    Applicants: Empire State Connector Corporation.

    Description: Application for Authority to Sell Transmission Rights at Negotiated Rates of Empire State Connector Corporation.

    Filed Date: 4/25/16.

    Accession Number: 20160425-5221.

    Comments Due: 5 p.m. ET 5/16/16.

    Docket Numbers: ER16-1496-000.

    Applicants: Canadian Hills Wind, LLC.

    Description: § 205(d) Rate Filing: Revised Market-Based Rate Tariff to be effective 6/25/2016.

    Filed Date: 4/25/16.

    Accession Number: 20160425-5264.

    Comments Due: 5 p.m. ET 5/16/16.

    Docket Numbers: ER16-1497-000.

    Applicants: Comanche Solar PV, LLC.

    Description: § 205(d) Rate Filing: Revised Market-Based Rate Tariff to be effective 6/25/2016.

    Filed Date: 4/25/16.

    Accession Number: 20160425-5265.

    Comments Due: 5 p.m. ET 5/16/16.

    Docket Numbers: ER16-1498-000.

    Applicants: South Carolina Electric & Gas Company.

    Description: § 205(d) Rate Filing: Orangeburg PSA Depreciation Update Filing to be effective 4/25/2016.

    Filed Date: 4/25/16.

    Accession Number: 20160425-5284.

    Comments Due: 5 p.m. ET 5/16/16.

    Docket Numbers: ER16-1499-000.

    Applicants: Commonwealth Edison Company, PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: ComEd submits revisions to OATT Att. H-13A re: Recovery for Loretto-Wilton Proj to be effective 4/25/2016.

    Filed Date: 4/25/16.

    Accession Number: 20160425-5287.

    Comments Due: 5 p.m. ET 5/16/16.

    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 25, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-10081 Filed 4-28-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC16-78-000.

    Applicants: Tonopah Solar Energy, LLC.

    Description: Supplement to February 24, 2016 Application for Authorization Under Section 203 of the Federal Power Act and Request for Expedited Action of Tonopah Solar Energy, LLC.

    Filed Date: 3/17/16.

    Accession Number: 20160317-5039.

    Comments Due: 5 p.m. ET 3/28/16.

    Docket Numbers: EC16-88-000.

    Applicants: The Empire District Electric Company, Liberty Utilities (Central) Co.

    Description: Application for Authorization for Disposition of Jurisdictional Facilities of The Empire District Electric Company, et al.

    Filed Date: 3/16/16.

    Accession Number: 20160316-5175.

    Comments Due: 5 p.m. ET 4/6/16.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER14-1776-006; ER14-474-004.

    Applicants: Broken Bow Wind II, LLC, Sempra Generation, LLC.

    Description: Supplement to December 14, 2015 Updated Market Power Analysis for the Southwest Power Pool Region of Broken Bow Wind II, LLC, et al.

    Filed Date: 3/16/16.

    Accession Number: 20160316-5172.

    Comments Due: 5 p.m. ET 4/6/16.

    Docket Numbers: ER15-1882-002.

    Applicants: PSEG Energy Resources & Trade LLC.

    Description: Compliance filing: Filing in compliance with Feb. 24, 2016 Letter Order to be effective 1/7/2016.

    Filed Date: 3/17/16.

    Accession Number: 20160317-5036.

    Comments Due: 5 p.m. ET 4/7/16.

    Docket Numbers: ER16-815-001.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Tariff Amendment: 2016-03-16—Amendment to Ramp True-up Filing to be effective 5/1/2016.

    Filed Date: 3/16/16.

    Accession Number: 20160316-5150.

    Comments Due: 5 p.m. ET 3/31/16.

    Docket Numbers: ER16-1209-000.

    Applicants: Pacific Gas and Electric Company.

    Description: § 205(d) Rate Filing: CDWR Work Performance Agreement for the Thermalito Power Plant (SA 275) to be effective 3/17/2016.

    Filed Date: 3/16/16.

    Accession Number: 20160316-5158.

    Comments Due: 5 p.m. ET 4/6/16.

    Docket Numbers: ER16-1210-000.

    Applicants: Idaho Power Company.

    Description: Initial rate filing: BPA Conditional Firm Service Agreements to be effective 7/1/2016.

    Filed Date: 3/16/16.

    Accession Number: 20160316-5159.

    Comments Due: 5 p.m. ET 4/6/16.

    Docket Numbers: ER16-1211-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2016-03-17_SA 2906 IPL-IPL GIA (J401) to be effective 3/18/2016.

    Filed Date: 3/17/16.

    Accession Number: 20160317-5052.

    Comments Due: 5 p.m. ET 4/7/16.

    Docket Numbers: ER16-1212-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: First Revised Service Agreement No. 3638; Queue Position AA1-101 to be effective 2/16/2016.

    Filed Date: 3/17/16.

    Accession Number: 20160317-5087.

    Comments Due: 5 p.m. ET 4/7/16.

    Docket Numbers: ER16-1213-000.

    Applicants: New York Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: NYISO 205: Behind the Meter Net Generation to be effective 5/19/2016.

    Filed Date: 3/17/16.

    Accession Number: 20160317-5090.

    Comments Due: 5 p.m. ET 4/7/16.

    Docket Numbers: ER16-1214-000.

    Applicants: FirstEnergy Solutions Corp.

    Description: Request of FirstEnergy Solutions Corp. for Authorization to Make Wholesale Power Sales to Affiliated Utility, West Penn Power Company (10-26-15).

    Filed Date: 3/17/16.

    Accession Number: 20160317-5104.

    Comments Due: 5 p.m. ET 4/7/16.

    Docket Numbers: ER16-1215-000.

    Applicants: FirstEnergy Solutions Corp.

    Description: Request of FirstEnergy Solutions Corp. for Authorization to Make Wholesale Power Sales to Affiliated Utility, West Penn Power Company (1-19-16).

    Filed Date: 3/17/16.

    Accession Number: 20160317-5110.

    Comments Due: 5 p.m. ET 4/7/16.

    Docket Numbers: ER16-1216-000.

    Applicants: FirstEnergy Solutions Corp.

    Description: Request of FirstEnergy Solutions Corp. for Authorization to Make Wholesale Power Sales to Affiliated Utility, The Potomac Edison Company (4-20-15).

    Filed Date: 3/17/16.

    Accession Number: 20160317-5146.

    Comments Due: 5 p.m. ET 4/7/16.

    Docket Numbers: ER16-1217-000.

    Applicants: FirstEnergy Solutions Corp.

    Description: Request of FirstEnergy Solutions Corp. for Authorization to Make Wholesale Power Sales to Affiliated Utility, The Potomac Edison Company (10-21-15).

    Filed Date: 3/17/16.

    Accession Number: 20160317-5149.

    Comments Due: 5 p.m. ET 4/7/16.

    Docket Numbers: ER16-1218-000.

    Applicants: BE CA LLC.

    Description: § 205(d) Rate Filing: Seller Category Change to be effective 5/17/2016.

    Filed Date: 3/17/16.

    Accession Number: 20160317-5158.

    Comments Due: 5 p.m. ET 4/7/16.

    Docket Numbers: ER16-1219-000.

    Applicants: J.P. Morgan Ventures Energy Corporation.

    Description: § 205(d) Rate Filing: Change in Seller Category to be effective 5/17/2016.

    Filed Date: 3/17/16.

    Accession Number: 20160317-5159.

    Comments Due: 5 p.m. ET 4/7/16.

    Docket Numbers: ER16-1220-000.

    Applicants: Utility Contract Funding, L.L.C.

    Description: § 205(d) Rate Filing: Seller Category Change to be effective 5/17/2016.

    Filed Date: 3/17/16.

    Accession Number: 20160317-5160.

    Comments Due: 5 p.m. ET 4/7/16.

    Docket Numbers: ER16-1221-000.

    Applicants: FirstEnergy Solutions Corp.

    Description: Request of FirstEnergy Solutions Corp. for Authorization to Make Wholesale Power Sales to Affiliated Utility, The Potomac Edison Company (6-10-15).

    Filed Date: 3/17/16.

    Accession Number: 20160317-5161.

    Comments Due: 5 p.m. ET 4/7/16.

    Take notice that the Commission received the following qualifying facility filings:

    Docket Numbers: QF16-547-000.

    Applicants: Regents of the University of Minnesota.

    Description: Form 556 of Regents of the University of Minnesota.

    Filed Date: 3/16/16.

    Accession Number: 20160316-5077.

    Comments Due: None Applicable.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: March 17, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-10079 Filed 4-28-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER16-1410-000] Torofino Trading 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 Torofino Trading 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 11, 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 21, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-10157 Filed 4-28-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2633-024; ER10-2570-024; ER10-2717-024; ER10-3140-023; ER13-55-014.

    Applicants: Birchwood Power Partners, L.P., Shady Hills Power Company, L.L.C., EFS Parlin Holdings, LLC, Inland Empire Energy Center, LLC, Homer City Generation, L.P.

    Description: Notice of Non-Material Change in Status of the GE Companies, et al.

    Filed Date: 4/21/16.

    Accession Number: 20160421-5167.

    Comments Due: 5 p.m. ET 5/12/16.

    Docket Numbers: ER10-3117-006; ER10-3115-004; ER13-445-007; ER14-2823-005; ER11-4060-007; ER11-4061-007; ER15-1170-003; ER15-1171-003; ER15-1172-003; ER15-1173-003; ER10-3300-011.

    Applicants: Lea Power Partners, LLC, Waterside Power LLC, Badger Creek Limited, Double C Generation Limited Partnership, High Sierra Limited, Kern Front Limited, Bear Mountain Limited, Chalk Cliff Limited, Live Oak Limited, McKittrick Limited, La Paloma Generating Company, LLC.

    Description: Notice of Change in Status Lea Power Partners, LLC, et. al.

    Filed Date: 4/21/16.

    Accession Number: 20160421-5187.

    Comments Due: 5 p.m. ET 5/12/16.

    Docket Numbers: ER16-1153-001.

    Applicants: Breadbasket LLC.

    Description: Tariff Amendment: Amended MBR Filing to be effective 5/12/2016.

    Filed Date: 4/21/16.

    Accession Number: 20160421-5154.

    Comments Due: 5 p.m. ET 5/12/16.

    Docket Numbers: ER16-1398-001.

    Applicants: Provision Power & Gas, LLC.

    Description: Tariff Amendment: Market-Based Rates Tariff to be effective 5/1/2016.

    Filed Date: 4/21/16.

    Accession Number: 20160421-5152.

    Comments Due: 5 p.m. ET 5/12/16.

    Docket Numbers: ER16-1483-000.

    Applicants: California Independent System Operator Corporation.

    Description: § 205(d) Rate Filing: 2016-04-21 Frequency Response Tariff Amendment to be effective 6/21/2016.

    Filed Date: 4/21/16.

    Accession Number: 20160421-5157.

    Comments Due: 5 p.m. ET 5/12/16.

    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 22, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-10021 Filed 4-28-16; 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: PR16-47-000.

    Applicants: Public Service Company of Colorado.

    Description: Tariff filing per 284.123(e)/.224: 20160415_PSCo Gas Tariff Cancellation to be effective 4/15/2016; Filing Type: 800.

    Filed Date: 4/15/2016.

    Accession Number: 201604155183.

    Comments/Protests Due: 5 p.m. ET 5/6/16.

    Docket Number: PR16-48-000.

    Applicants: ONEOK WesTex Transmission, L.L.C.

    Description: Tariff filing per 284.123(b)(1) + (g): Petition for Approval of Firm Transportation Service Rate under NGPA Section 311 to be effective 4/1/2016; Filing Type: 1300.

    Filed Date: 4/15/2016.

    Accession Number: 201604155222.

    Comments Due: 5 p.m. ET 5/6/16.

    284.123(g) Protests Due: 5 p.m. ET 6/14/16.

    Docket Number: PR16-49-000.

    Applicants: ONEOK WesTex Transmission, L.L.C.

    Description: Tariff filing per 284.123(b)(1) + (g): Petition for Approval of Interruptible Transportation Service Rate to be effective 5/1/2016; Filing Type: 1300.

    Filed Date: 4/15/2016.

    Accession Number: 201604155249.

    Comments Due: 5 p.m. ET 5/6/16.

    284.123(g) Protests Due: 5 p.m. ET 6/14/16.

    Docket Numbers: RP16-859-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: § 4(d) Rate Filing: SS-2 Inventory Adjustment Filing (2016) to be effective 5/1/2016.

    Filed Date: 4/19/16.

    Accession Number: 20160419-5036.

    Comments Due: 5 p.m. ET 5/2/16.

    Docket Numbers: RP16-860-000.

    Applicants: Pine Prairie Energy Center, LLC.

    Description: § 4(d) Rate Filing: Pine Prairie Energy Center, LLC—Filing of Tariff Changes to be effective 5/19/2016.

    Filed Date: 4/19/16.

    Accession Number: 20160419-5067.

    Comments Due: 5 p.m. ET 5/2/16.

    Docket Numbers: RP16-861-000.

    Applicants: Bluewater Gas Storage, LLC.

    Description: § 4(d) Rate Filing: Bluewater Gas Storage, LLC—Filing of Tariff Changes to be effective 5/19/2016.

    Filed Date: 4/19/16.

    Accession Number: 20160419-5070.

    Comments Due: 5 p.m. ET 5/2/16.

    Docket Numbers: RP16-862-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: § 4(d) Rate Filing: Apr2016 Negotiated Rate and Non-conforming Agreements Cleanup to be effective 5/20/2016.

    Filed Date: 4/20/16.

    Accession Number: 20160420-5045.

    Comments Due: 5 p.m. ET 5/2/16.

    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: RP16-442-001.

    Applicants: Honeoye Storage Corporation.

    Description: Compliance filing April 2016 Adoption of NAESB Version 3.0 Amended to be effective 4/1/2016.

    Filed Date: 4/15/16.

    Accession Number: 20160415-5139.

    Comments Due: 5 p.m. ET 4/27/16.

    Docket Numbers: RP16-521-001.

    Applicants: MIGC LLC.

    Description: Compliance filing NAESB V3.0 April 18 Compliance to be effective 4/1/2016.

    Filed Date: 4/19/16.

    Accession Number: 20160419-5079.

    Comments Due: 5 p.m. ET 5/2/16.

    Docket Numbers: RP16-556-001.

    Applicants: Freebird Gas Storage, L.L.C.

    Description: Compliance filing Freebird Gas Storage, L.L.C., Compliance Filing, Docket No. RP16-556-001 to be effective 4/1/2016.

    Filed Date: 4/19/16.

    Accession Number: 20160419-5077.

    Comments Due: 5 p.m. ET 5/2/16.

    Docket Numbers: RP16-557-001.

    Applicants: Caledonia Energy Partners, L.L.C.

    Description: Compliance filing Caledonia Energy Partners, L.L.C., Compliance Filing, Docket No. RP16-557-001 to be effective 4/1/2016.

    Filed Date: 4/19/16.

    Accession Number: 20160419-5076.

    Comments Due: 5 p.m. ET 5/2/16.

    Docket Numbers: RP16-729-001.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: Compliance filing GT&C Section 49—Available Firm Capacity Posting Procedure—Compliance Filg to be effective 4/18/2016.

    Filed Date: 4/19/16.

    Accession Number: 20160419-5125.

    Comments Due: 5 p.m. ET 5/2/16.

    Docket Numbers: RP15-1237-001.

    Applicants: Venice Gathering System, L.L.C.

    Description: Report Filing: Updated Statements.

    Filed Date: 4/20/16.

    Accession Number: 20160420-5133.

    Comments Due: 5 p.m. ET 5/2/16.

    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 21, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-10023 Filed 4-28-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC16-106-000.

    Applicants: Covanta Union, LLC.

    Description: Application of Covanta Union, LLC for Authority to Transfer Jurisdictional Facilities and Request for Expedited Consideration and Waiver.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5235.

    Comments Due: 5 p.m. ET 5/13/16.

    Docket Numbers: EC16-107-000.

    Applicants: Greenleaf Energy Unit 1 LLC, Natgas Greenleaf Holdings, LLC.

    Description: Joint Application of Greenleaf Energy Unit 1 LLC, et al. for Authorization Under FPA Section 203 and Request for Confidential Treatment, Expedited Consideration, and Waivers.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5285.

    Comments Due: 5 p.m. ET 5/13/16.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER14-1151-002.

    Applicants: Maine GenLead, LLC.

    Description: Notice of Change in Fact of Maine GenLead, LLC.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5245.

    Comments Due: 5 p.m. ET 5/13/16.

    Docket Numbers: ER16-1488-000.

    Applicants: Nevada Power Company.

    Description: § 205(d) Rate Filing: Service Agreement No. 15-00055 NPC-NPC 2nd Amdmt Dry Lake to be effective 4/18/2016.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5179.

    Comments Due: 5 p.m. ET 5/13/16.

    Docket Numbers: ER16-1489-000.

    Applicants: North Star Gas Company LLC.

    Description: Baseline eTariff Filing: North Star Gas Baseline Electric Tariff Filing to be effective 5/23/2016.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5216.

    Comments Due: 5 p.m. ET 5/13/16.

    Docket Numbers: ER16-1490-000.

    Applicants: Madison Gas and Electric Company.

    Description: § 205(d) Rate Filing: Certificates of Concurrence to be effective 6/22/2016.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5222.

    Comments Due: 5 p.m. ET 5/13/16.

    Take notice that the Commission received the following qualifying facility filings:

    Docket Numbers: QF15-793-000; QF15-794-000; QF15-795-000.

    Applicants: SunE B9 Holdings, LLC.

    Description: Refund Report of SunE B9 Holdings, LLC.

    Filed Date: 4/22/16.

    Accession Number: 20160422-5278.

    Comments Due: 5 p.m. ET 5/16/16.

    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 25, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-10080 Filed 4-28-16; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-9026-7] Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General Information (202) 564-7146 or http://www2.epa.gov/nepa.

    Weekly receipt of Environmental Impact Statements Filed 04/18/2016 Through 04/22/2016 Pursuant to 40 CFR 1506.9. Notice

    Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA's comment letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

    EIS No. 20160082, Draft, NPS, CA, Vista Grande Drainage Basin Improvement Project, Comment Period Ends: 07/01/2016, Contact: Steven Ortega 415-561-4955 EIS No. 20160083, Final, USACE, TX, Surface Coal and Lignite Mining, Review Period Ends: 05/31/2016, Contact: Darvin Messer 817-886-1744 EIS No. 20160084, Final, USACE, NC, Town of Ocean Isle Beach Shoreline Management Project, Review Period Ends: 05/31/2016, Contact: Tyler Crumbley 910-251-4170 EIS No. 20160085, Draft, USFWS, WY, Eagle Take Permits for the Chokecherry and Sierra Madre Phase I Wind Energy Project, Comment Period Ends: 06/27/2016, Contact: Louise Galiher 303-236-8677 EIS No. 20160086, Draft, Caltrans, CA, Interstate 10 Corridor Project, Comment Period Ends: 06/13/2016, Contact: Aaron Burton 909-383-2841 EIS No. 20160087, Draft, USACE, SC, Navy Base Intermodal Container Transfer Facility, North Charleston, Comment Period Ends: 06/13/2016, Contact: Dr. Richard L. Darden 843-329-8043 EIS No. 20160088, Final, USFS, CA, Rim Fire Reforestation, Review Period Ends: 06/13/2016, Contact: Maria Benech (209) 532-3671 EIS No. 20160089, Draft, FERC, OH, Leach and Rayne Xpress Expansion Projects, Comment Period Ends: 06/13/2016, Contact: Juan Polit 202-502-8652 EIS No. 20160090, Final, NRC, PA, Combined License for the Bell Bend Nuclear Power Plant, Review Period Ends: 05/31/2016, Contact: Tomeka Terry 301-415-1488 Amended Notices EIS No. 20160062, Draft, ARS, ID, U.S. Sheep Experiment Station Grazing and Associated Activities Project, Comment Period Ends: 06/16/2016, Contact: Christine Handler 559-920-2188, Revision to the FR Notice Published; Extending the Comment Period from 05/02/2016 to 06/16/2016 Dated: April 26, 2016. Karin Leff, Acting Director, NEPA Compliance Division, Office of Federal Activities.
    [FR Doc. 2016-10078 Filed 4-28-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-ORD-2016-0196; FRL-9945-79-ORD] Updates to the Demographic and Spatial Allocation Models To Produce Integrated Climate and Land Use Scenarios Version 2 AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of public comment period.

    SUMMARY:

    The Environmental Protection Agency (EPA) is announcing a 30-day public comment period for the draft document titled, “Updates to the Demographic and Spatial Allocation Models to Produce Integrated Climate and Land Use Scenarios (ICLUS) Version 2” (EPA/600/R-14/324). EPA is also announcing that Versar, Inc., an EPA contractor for external scientific peer review, will select four independent experts from a pool of eight to conduct a letter peer review of the same draft document. The document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development. This document describes the development of version 2 of Integrated Climate and Land Use Scenarios (ICLUS), including updates to data sets and the demographic and spatial allocation models.

    EPA intends to forward the public comments that are submitted in accordance with this document to the external peer reviewers for their consideration during the letter peer review. When finalizing the draft documents, EPA intends to consider any public comments received in response to this document. EPA is releasing this draft document for the purposes of public comment and peer review. This draft document is not final as described in EPA's information quality guidelines and does not represent and should not be construed to represent Agency policy or views.

    The draft document is available via the Internet on EPA's Risk Web page under the Recent Additions at http://www.epa.gov/risk.

    DATES:

    The document will be available on April 29, 2016.

    ADDRESSES:

    The draft report, “Updates to the Demographic and Spatial Allocation Models to Produce Integrated Climate and Land Use Scenarios (ICLUS) Version 2,” is available primarily via the Internet on the Ecological Risk Assessment Products and Publications Web page at http://www.epa.gov/risk/ecological-risk-assessment-products-and-publications. A limited number of paper copies are available from the Information Management Team, NCEA; telephone: 703-347-8561; facsimile: 703-347-8691. If you are requesting a paper copy, please provide your name, mailing address, and the document title.

    FOR FURTHER INFORMATION CONTACT:

    For information on the public comment period, contact the ORD Docket at the EPA Headquarters Docket Center; telephone: 202-566-1752; facsimile: 202-566-9744; or email: [email protected]

    For technical information, contact Britta Bierwagen, NCEA; telephone: 703-347-8613; facsimile: 703-347-8694; or email: [email protected]

    SUPPLEMENTARY INFORMATION: Information About the Project/Document

    The first version of the Integrated Climate and Land Use Scenarios (ICLUS) project modeled population, residential development, and impervious surface cover changes by decade to the year 2100 consistent with four global carbon emissions storylines and a baseline. The current report discusses improvements to the underlying models of ICLUS that result in version 2 (v2). ICLUS v2 is consistent with updated global socioeconomic scenarios (e.g., Shared Socioeconomic Pathways (SSPs)) and new global climate change model targets (e.g., Representative Concentration Pathways (RCPs)). Improvements include the use of updated population and land use/cover data sets, integration of changing climate variables within the migration model, inclusion of transportation network capacity and its increase over time, growth in commercial and industrial land uses, and the use of population density-driven demands for growth of residential housing, commercial development, and industry. This report demonstrates the effect of these improvements by comparing national and regional results among the SSP and RCP combinations used and the two climate models selected. ICLUS v2 shows differences in population migration patterns by including climate variables that change over time rather than ones that are static. Additionally, changing commercial and industrial land uses can drive patterns of new urban growth that have consequences for many environmental endpoints. Therefore, ICLUS v2 is better suited to explore scenarios of climate change impacts, vulnerability, and adaptation options, including the use of ICLUS v2 outputs in models projecting emissions from developed land uses and consequences for water and air quality endpoints, as well as human health.

    Dated: April 11, 2016. Mary A. Ross, Deputy Director, National Center for Environmental Assessment.
    [FR Doc. 2016-09860 Filed 4-28-16; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL RESERVE SYSTEM Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities

    The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y, (12 CFR part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States.

    Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act.

    Unless otherwise noted, comments regarding the notices must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than May 16, 2016.

    A. Federal Reserve Bank of Philadelphia (William Spaniel, Senior Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105-1521. Comments can also be sent electronically to [email protected]:

    1. Univest Corporation of Pennsylvania, Souderton, Pennsylvania; to acquire at least 46 percent of the voting shares of Philadelphia Mortgage Advisors, Plymouth Meeting, Pennsylvania, and thereby engage in activities related to extending credit, pursuant to section 225.28(b)(1).

    Board of Governors of the Federal Reserve System, April 26, 2016. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2016-10103 Filed 4-28-16; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL TRADE COMMISSION Granting of Request for Early Termination of the Waiting Period Under the Premerger Notification Rules

    Section 7A of the Clayton Act, 15 U.S.C.§ 18a, as added by Title II of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, requires persons contemplating certain mergers or acquisitions to give the Federal Trade Commission and the Assistant Attorney General advance notice and to wait designated periods before consummation of such plans. Section 7A(b)(2) of the Act permits the agencies, in individual cases, to terminate this waiting period prior to its expiration and requires that notice of this action be published in the Federal Register.

    The following transactions were granted early termination—on the dates indicated—of the waiting period provided by law and the premerger notification rules. The listing for each transaction includes the transaction number and the parties to the transaction. The grants were made by the Federal Trade Commission and the Assistant Attorney General for the Antitrust Division of the Department of Justice. Neither agency intends to take any action with respect to these proposed acquisitions during the applicable waiting period.

    Early Terminations Granted February 1, 2016 Thru February 9, 2016 02/01/2016 20160577 G Raymond James Financial, Inc.; Deutsche Bank AG; Raymond James Financial, Inc. 20160610 G Globetrotter Co-Investment A LP; WS Holdings, Inc. c/o The Carlyle Group; Globetrotter Co-Investment A LP. 20160623 G Engineered Floors, LLC; James R. Jolly; Engineered Floors, LLC. 20160631 G Glenview Institutional Partners, L.P.; Tenet Healthcare Coporation; Glenview Institutional Partners, L.P. 20160632 G Glenview Capital Opportunity Fund, L.P.; Tenet Healthcare Coporation; Glenview Capital Opportunity Fund, L.P. 20160633 G Glenview Offshore Opportunity Fund, Ltd.; Tenet Healthcare Coporation; Glenview Offshore Opportunity Fund, Ltd. 20160634 G Glenview Capital Partners (Cayman), Ltd.; Tenet Healthcare Coporation; Glenview Capital Partners (Cayman), Ltd. 20160636 G Michael S. Dell; Asbury Automotive Group, Inc.; Michael S. Dell. 20160638 G OCP Trust; Forefront Management Holdings, LLC; OCP Trust. 20160643 G Panasonic Corporation; Clayton Dubilier & Rice Fund VIII, L.P.; Panasonic Corporation. 20160647 G Parexel International Corporation; Mark S. Speers and Paula Ness Speers; Parexel International Corporation. 20160649 G Mr. Wang Jianlin; Legend Pictures, LLC; Mr. Wang Jianlin. 20160659 G Bird 1995 Trust; Concho Resources, Inc.; Bird 1995 Trust. 02/02/2016 20160407 G Atlantic Tele-Network, Inc.; National Rural Utilities Cooperative Finance Corporation; Atlantic Tele-Network, Inc. 02/04/2016 20160463 G Texas Competitive Electric Holdings Company LLC; NextEra Energy, Inc.; Texas Competitive Electric Holdings Company LLC. 20160658 G ABRY Partners VIII, L.P.; Domied Investments Inc.; ABRY Partners VIII, L.P. 02/05/2016 20160612 G Almirall, S.A.; ThermiGen Holdings, Inc.; Almirall, S.A. 20160627 G IHS Inc.; UCG Holdings Limited Partnership; IHS Inc. 20160639 G Acquiline Financial Services Fund III, L.P.; Southwest Frontier, LP; Acquiline Financial Services Fund III, L.P. 20160644 G PAR Investment Partners, L.P.; United Continental Holdings, Inc.; PAR Investment Partners, L.P. 20160660 G Yahui Zhou; Joel Simkhai; Yahui Zhou. 20160664 G Oak Hill Capital Partners IV (Onshore), L.P.; Robert J. Lothenbach; Oak Hill Capital Partners IV (Onshore), L.P. 20160679 G Olympus Growth Fund VI, L. P.; G.E.T. Enterprises, LLC; Olympus Growth Fund VI, L. P. 20160688 G Archer-Daniels-Midland Company; William J. Burke, Jr. Soy GRAT dated 9/28/12; Archer-Daniels-Midland Company. 02/08/2016 20160665 G DNS Venture Partners, LLC; IMI Holding Corp.; DNS Venture Partners, LLC. 20160667 G Familie Julius Thyssen; Michael Toporek; Familie Julius Thyssen. 02/09/2016 20160629 G Mylan N.V.; Momenta Pharmaceuticals, Inc.; Mylan N.V. 20160672 G CDC Holdings, L.P.; TA XI L.P.; CDC Holdings, L.P. 20160692 G Sunoco LP; Energy Transfer Equity, L.P.; Sunoco LP. 02/10/2016 20160669 G China National Chemical Corporation; Onex Partners III International LP; China National Chemical Corporation. 20160676 G Cerberus Institutional Partners, L. P.; Trican Well Service Ltd.; Cerberus Institutional Partners, L. P. 20160703 G William Clay Ford, Jr.; Ford Motor Company; William Clay Ford, Jr. 02/11/2016 20160666 G AptarGroup Inc.; Mega96 GmbH & Co. KG; AptarGroup Inc. 02/12/2016 20160602 G VALEO SA; Andreas Peiker; VALEO SA. 20160622 G Computer Sciences Corporation; Xchanging plc; Computer Sciences Corporation. 20160694 G Telenor ASA; Are Traasdahl; Telenor ASA. 20160697 G AT&T Inc.; Softbank Group Corp.; AT&T Inc. 20160698 G Softbank Group Corp.; AT&T Inc.; Softbank Group Corp. 20160702 G Select Medical Holdings Corporation; Physiotherapy Associates Holdings, Inc.; Select Medical Holdings Corporation. 20160714 G Ingram Micro Inc.; Richard Boone; Ingram Micro Inc. 20160716 G Arsenal Capital Partners III LP; Dr. Guanqiu Lu; Arsenal Capital Partners III LP. 20160721 G Providence Equity Partners VII-A, LP; TopGolf International, Inc.; Providence Equity Partners VII-A, LP. 20160723 G International Business Machines Corporation; Satellite RI, LLC; International Business Machines Corporation. 20160725 G WPP plc; Stanley R. Woodland; WPP plc. 20160731 G CalAmp Corp.; LoJack Corporation; CalAmp Corp. 02/17/2016 20160504 G Diebold, Incorporated; Wincor Nixdorf Aktiengesellschaft; Diebold, Incorporated. 20160653 G GTCR Fund X/A LP; Communications Infrastructure Investments, LLC; GTCR Fund X/A LP. 20160726 G G Holdings, Inc.; Icopal Limited; G Holdings, Inc. 20160728 G Infra TM Investments Inc.; LMG2, LLC; Infra TM Investments Inc. 20160729 G AMP Capital Investors (GIF Delaware2) L.P.; LMG2, LLC; AMP Capital Investors (GIF Delaware2) L.P. 02/18/2016 20160674 G Michael S. Dell; NorthStar Asset Management Group, Inc.; Michael S. Dell. 02/19/2016 20160712 G Elliott Associates, L.P.; Ansaldo STS S.p.A.; Elliott Associates, L.P. 20160715 G Fiserv, Inc.; ACI Worldwide, Inc.; Fiserv, Inc. 20160738 G Azim Premji; Water Street Healthcare Partners, L.P.; Azim Premji. 02/22/2016 20151563 G Lupin Ltd.; Kali Capital LP; Lupin Ltd. 20151565 G Lupin Ltd.; Veerappan Subramanian; Lupin Ltd. 20160724 G ZAGG Inc; Daniel Huang; ZAGG Inc. 20160730 G Centerbridge Capital Partners III, L.P.; Graeme R. Hart; Centerbridge Capital Partners III, L.P. 20160734 G General Elecric Company; Steven Goldthwaite; General Elecric Company. 20160744 G Dominion Resources, Inc.; Questar Corporation; Dominion Resources, Inc. 02/24/2016 20160696 G Veolia Environment S.A.; Kurion, Inc.; Veolia Environment S.A. 20160710 G Sinclair Broadcast Group, Inc.; The Tennis Channel Holdings, Inc.; Sinclair Broadcast Group, Inc. 20160722 G Legg Mason, Inc.; Mr. Gregg Hymowitz; Legg Mason, Inc. 20160745 G TPO Venture Partners, LLC; Daniel L. Baker Family Trust; TPO Venture Partners, LLC. 02/25/2016 20160677 G Progressive Waste Solutions Ltd.; Waste Connections, Inc.; Progressive Waste Solutions Ltd. 20160733 G Silergy Corp.; Maxim Integrated Products, Inc.; Silergy Corp. 20160746 G Stryker Corporation; Madison Dearborn Capital Partners VI-B, L.P.; Stryker Corporation. 02/26/2016 20151485 G Hikma Pharmaceuticals PLC; C.H. Boehringer Sohn AG & Co. KG; Hikma Pharmaceuticals PLC. 20160690 G Lightyear Fund III, L.P.; American International Group, Inc.; Lightyear Fund III, L.P. 20160735 G Berkshire Fund VIII, L.P.; Mattress Firm Holding Corp.; Berkshire Fund VIII, L.P. 20160736 G Stockbridge Fund, L.P.; Mattress Firm Holding Corp.; Stockbridge Fund, L.P. 20160751 G LSF9 Stardust Holdings, LP; Wynnchurch Capital Partners III, L.P.; LSF9 Stardust Holdings, LP. 20160762 G General Electric Company; Plains All American Pipeline, L.P.; General Electric Company. 20160765 G Ivy Holdings, Inc.; Crozer-Keystone Health System; Ivy Holdings, Inc. 20160770 G Oracle Corporation; Ravello Systems Ltd.; Oracle Corporation. 20160777 G Intermediate Capital Group plc; VSS Communications Parallel Partners IV, L.P.; Intermediate Capital Group plc. 02/29/2016 20160711 G Communications Sales & Leasing, Inc.; Associated Partners, L.P.; Communications Sales & Leasing, Inc. 20160747 G EQT VII (No. 1) Limited Partnership; Kuoni Travel Holding Ltd.; EQT VII (No. 1) Limited Partnership. 20160782 G Terra Energy Partners LLC; WPX Energy, Inc.; Terra Energy Partners LLC. FOR FURTHER INFORMATION CONTACT:

    Theresa Kingsberry, Program Support Specialist, Federal Trade Commission, Premerger Notification Office, Bureau of Competition, Room CC-5301, Washington, DC 20024, (202) 326-3100.

    By direction of the Commission.

    Donald S. Clark, Secretary.
    [FR Doc. 2016-10050 Filed 4-28-16; 8:45 am] BILLING CODE 6750-01-P
    FEDERAL TRADE COMMISSION Granting of Request for Early Termination of the Waiting Period Under the Premerger Notification Rules

    Section 7A of the Clayton Act, 15 U.S.C. 18a, as added by Title II of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, requires persons contemplating certain mergers or acquisitions to give the Federal Trade Commission and the Assistant Attorney General advance notice and to wait designated periods before consummation of such plans. Section 7A(b)(2) of the Act permits the agencies, in individual cases, to terminate this waiting period prior to its expiration and requires that notice of this action be published in the Federal Register.

    The following transactions were granted early termination—on the dates indicated—of the waiting period provided by law and the premerger notification rules. The listing for each transaction includes the transaction number and the parties to the transaction. The grants were made by the Federal Trade Commission and the Assistant Attorney General for the Antitrust Division of the Department of Justice. Neither agency intends to take any action with respect to these proposed acquisitions during the applicable waiting period.

    Early Terminations Granted March 1, 2016 Thru March 31, 2016 03/01/2016 20160741 G Siemens Aktiengesellschaft; Sharron L. MacDonald; Siemens Aktiengesellschaft. 20160756 G Sun Capital Partners V, L.P.; Vince Holding Corp.; Sun Capital Partners V, L.P. 20160763 G DSW Inc.; David Tam Duong; DSW Inc. 20160764 G DSW Inc.; Willard Ba Huynh; DSW Inc. 03/02/2016 20160727 G Qingdao Haier Co., Ltd.; General Electric Company; Qingdao Haier Co., Ltd. 20160732 G Total System Services, Inc.; Vista Equity Partners Fund V, L.P.; Total System Services, Inc. 20160757 G Opus Bank; PENSCO Services, LLC; Opus Bank. 03/03/2016 20160772 G Microsoft Corporation; Xamarin Inc.; Microsoft Corporation. 03/04/2016 20160755 G Web.com Group, Inc.; Yodle, Inc.; Web.com Group, Inc. 20160771 G GTCR Fund XI/A LP; Lytx, Inc.; GTCR Fund XI/A LP. 20160784 G Genstar Capital Partners VII, L.P.; Athlaction Topco, LLC; Genstar Capital Partners VII, L.P. 20160789 G Nautic Partners VII, L.P.; Dale Wollschleger; Nautic Partners VII, L.P. 20160794 G Western Gas Partners, LP; Anadarko Petroleum Corporation; Western Gas Partners, LP. 20160801 G Kleiner Perkins Caufield & Byers XIV, LLC; TESARO, Inc.; Kleiner Perkins Caufield & Byers XIV, LLC. 20160808 G Highstar Capital IV Prism AIF, L.P.; Wildcat Midstream Partners LLC; Highstar Capital IV Prism AIF, L.P. 20160809 G Cerberus Institutional Partners V, L.P.; Haggen Operations Holdings, LLC; Cerberus Institutional Partners V, L.P. 03/07/2016 20160807 G Suzhou Dongshan Precision Manufacturing Co., Ltd.; United Engineers Limited; Suzhou Dongshan Precision Manufacturing Co., Ltd. 20160810 G Stryker Corporation; Bain Capital Fund X, L.P.; Stryker Corporation. 03/08/2016 20160691 G Platinum Equity Capital Partners III, L.P.; Lindsay Goldberg III L.P.; Platinum Equity Capital Partners III, L.P. 03/09/2016 20160773 G Cisco Systems, Inc.; Jasper Technologies, Inc.; Cisco Systems, Inc. 20160778 G AP VIII Prime Security Services Holdings, L.P.; The ADT Corporation; AP VIII Prime Security Services Holdings, L.P. 20160819 G Envision Healthcare Holdings, Inc.; Emergency Physicians Medical Group, P.C.; Envision Healthcare Holdings, Inc. 03/10/2016 20160753 G Kaiser Foundation Health Plan, Inc.; Group Health Cooperative; Kaiser Foundation Health Plan, Inc. 20160761 G Tyco International plc; Johnson Controls, Inc.; Tyco International plc. 20160779 G Carlyle Power Partners II, L.P.; IFM Global Infrastructure Fund; Carlyle Power Partners II, L.P. 20160787 G Novartis AG; Transcend Medical, Inc.; Novartis AG. 20160804 G Welsh, Carson, Anderson & Stowe XII, L.P.; Intuit Inc.; Welsh, Carson, Anderson & Stowe XII, L.P. 03/11/2016 20160673 G Microchip Technology Incorporated; Atmel Corporation; Microchip Technology Incorporated. 03/14/2016 20160800 G MPLX LP; Marathon Petroleum Corporation; MPLX LP. 20160812 G Vista Outdoor Inc.; BRG Sports, LLC; Vista Outdoor Inc. 20160817 G The Energy & Minerals Group Fund IV, LP; CONSOL Energy Inc.; The Energy & Minerals Group Fund IV, LP. 20160820 G MKS Instruments, Inc.; Newport Corporation; MKS Instruments, Inc. 20160824 G Wells Fargo & Company; West Star Aviation, Inc.; Wells Fargo & Company. 20160825 G Helen of Troy Limited; James Collis; Helen of Troy Limited. 20160827 G H.I.G. Middle Market LBO Fund II, L.P.; Intuit Inc.; H.I.G. Middle Market LBO Fund II, L.P. 03/15/2016 20160758 G TE Connectivity Ltd.; Permira IV Continuing L.P. 2; TE Connectivity Ltd. 03/17/2016 20160619 G Boise Cascade Company; Koch Industries Inc; Boise Cascade Company. 03/18/2016 20160829 G National General Holdings Corp.; Kramer-Wilson Company, Inc.; National General Holdings Corp. 20160830 G ResMed Inc.; Battery Ventures VIII (AIV IV), L.P.; ResMed Inc. 20160841 G TA XII-A L.P.; Bertram Growth Capital II, L.P.; TA XII-A L.P. 20160847 G JFL Equity Investors IV, L.P.; API Technologies Corp.; JFL Equity Investors IV, L.P. 20160860 G Roark Capital Partners III LP; Trivest Fund IV, L.P.; Roark Capital Partners III LP. 20160861 G Lotte Chemical Corporation; Samsung SDI Co., Ltd.; Lotte Chemical Corporation. 03/21/2016 20160776 Y Comcast Corporation; Time Warner Inc.; Comcast Corporation. 03/22/2016 20160781 G Diamond Parent Holdings, Corp.; Diligent Corporation; Diamond Parent Holdings, Corp. 20160846 G Kirby Corporation; SEACOR Holdings, Inc.; Kirby Corporation. 20160848 G GTCR Fund XI/A LP; Vector Laboratories, Inc.; GTCR Fund XI/A LP. 03/23/2016 20160822 G American Securities Partners VI, L.P.; Moelis Capital Partners Opportunity Fund I, LP; American Securities Partners VI, L.P. 20160844 G The Doctors Company; Anthony J. Bonomo; The Doctors Company. 03/24/2016 20160839 G Mr. Len Blavatnik; LyondellBasell Industries N.V.; Mr. Len Blavatnik. 03/25/2016 20160863 G The Resolute Fund III, L.P.; Harbour Group Investments V, L.P.; The Resolute Fund III, L.P. 20160864 G Sykes Enterprises, Incorporated; Pamlico Capital II, L.P.; Sykes Enterprises, Incorporated. 20160866 G Longview Direct Equity Fund LLC; Comvest Investment Partners IV, L.P.; Longview Direct Equity Fund LLC. 20160867 G BRH Holdings, L.P.; Apollo Investment Corporation; BRH Holdings, L.P. 20160868 G BB&T Corporation; EC3 Union Holdings, Ltd.; BB&T Corporation. 20160870 G General Motors Company; Cruise Automation, Inc.; General Motors Company. 20160872 G Agrolimen, S.A.; Catterton Growth Partners, L.P.; Agrolimen, S.A. 20160873 G Riverside Capital Appreciation Fund VI, L.P.; Wells Fargo & Company; Riverside Capital Appreciation Fund VI, L.P. 20160883 G Apax VIII-B L.P.; Becton, Dickinson and Company; Apax VIII-B L.P. 20160891 G Sumitomo Metal Mining Co., Ltd.; Freeport-McMoRan Inc.; Sumitomo Metal Mining Co., Ltd. 20160892 G Green Equity Investors Side VI, L.P.; Ares Corporate Opportunities Fund III, L.P.; Green Equity Investors Side VI, L.P. 20160893 G Green Equity Investors VI, L.P.; Ares Corporate Opportunities Fund III, L.P.; Green Equity Investors VI, L.P. 20160895 G SK Capital Partners IV-A, L.P.; Johnson & Johnson; SK Capital Partners IV-A, L.P. 20160899 G Apollo Crisp, L.P.; The Fresh Market, Inc.; Apollo Crisp, L.P. 03/28/2016 20160835 G Elliott International Limited; Qlik Technologies Inc.; Elliott International Limited. 20160838 G Elliott Associates, L.P.; Qlik Technologies Inc.; Elliott Associates, L.P. 20160889 G Arsenal Capital Partners III, LP; Hickory Springs Manufacturing Company; Arsenal Capital Partners III, LP. 03/29/2016 20160798 G Sterling Group Partners III, L.P.; Marubeni Corporation; Sterling Group Partners III, L.P. 20160806 G Sterling Group Partners III, L.P.; DY Automotive, LLC; Sterling Group Partners III, L.P. 20160890 G Enercare Inc.; American Capital, Ltd.; Enercare Inc. 03/30/2016 20160853 G The Southern Company; PowerSecure International, Inc.; The Southern Company. 20160880 G PGPC-Milestone LLC; Thompson Street Capital Partners II, L.P.; PGPC-Milestone LLC. 20160881 G William C. Stone; SS&C Technologies Holdings, Inc.; William C. Stone. 03/31/2016 20160879 G ZMC II, L.P.; MSouth Equity Partners II, L.P.; ZMC II, L.P. 20160882 G Arbor Realty Trust, Inc.; Ivan Kaufman; Arbor Realty Trust, Inc. FOR FURTHER INFORMATION CONTACT:

    Theresa Kingsberry, Program Support Specialist, Federal Trade Commission, Premerger Notification Office, Bureau of Competition, Room CC-5301, Washington, DC 20024, (202) 326-3100.

    By direction of the Commission.

    Donald S. Clark Secretary.
    [FR Doc. 2016-10049 Filed 4-28-16; 8:45 am] BILLING CODE 6750-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-10286 and CMS-10488] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY:

    Centers for Medicare & Medicaid Services, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), federal agencies are require; to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including any of the following subjects: the necessity and utility of the proposed information collection for the proper performance of the agency's functions; The accuracy of the estimated burden; ways to enhance the quality, utility, and clarity of the information to be collected; and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    DATES:

    Comments must be received by June 28, 2016.

    ADDRESSES:

    When commenting, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in any one of the following ways:

    1. Electronically. You may send your comments electronically to http://www.regulations.gov. Follow the instructions for “Comment or Submission” or “More Search Options” to find the information collection document(s) that are accepting comments.

    2. By regular mail. You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number ____, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850.

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected]

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    Reports Clearance Office at (410) 786-1326.

    SUPPLEMENTARY INFORMATION: Contents

    This notice sets out a summary of the use and burden associated with the following information collections. More detailed information can be found in each collection's supporting statement and associated materials (see ADDRESSES).

    CMS-10286 Notice of Research Exception Under the Genetic Information Nondiscrimination Act CMS-10488 Consumer Experience Survey Data Collection

    Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA requires federal agencies to publish a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice.

    1. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: Notice of Research Exception under the Genetic Information Nondiscrimination Act; Use: Under the Genetic Information Nondiscrimination Act of 2008 (GINA), a plan or issuer may request (but not require) a genetic test in connection with certain research activities so long as such activities comply with specific requirements, including: (i) The research complies with 45 CFR part 46 or equivalent federal regulations and applicable State or local law or regulations for the protection of human subjects in research; (ii) the request for the participant or beneficiary (or in the case of a minor child, the legal guardian of such beneficiary) is made in writing and clearly indicates that compliance with the request is voluntary and that non-compliance will have no effect on eligibility for benefits or premium or contribution amounts; and (iii) no genetic information collected or acquired will be used for underwriting purposes. The Secretary of Labor or the Secretary of Health and Human Services is required to be notified if a group health plan or health insurance issuer intends to claim the research exception permitted under Title I of GINA. Nonfederal governmental group health plans and issuers solely in the individual health insurance market or Medigap market will be required to file with the Centers for Medicare & Medicaid Services (CMS). The Notice of Research Exception under the Genetic Information Nondiscrimination Act is a model notice that can be completed by group health plans and health insurance issuers and filed with either the Department of Labor or CMS to comply with the notification requirement. Form Number: CMS-10286 (OMB Control Number 0938-1077); Frequency: Occasionally; Affected Public: State, Local, or Tribal Governments; Number of Respondents: 2; Total Annual Responses: 2; Total Annual Hours: 0.5. (For policy questions regarding this collection contact Russell Tipps at 301-492-4371).

    2. Type of Information Collection Request: Revision of a currently approved collection; Title of Information Collection: Consumer Experience Survey Data Collection; Use: Section 1311(c)(4) of the Affordable Care Act requires the Department of Health and Human Services (HHS) to develop an enrollee satisfaction survey system that assesses consumer experience with qualified health plans (QHPs) offered through an Exchange. It also requires public display of enrollee satisfaction information by the Exchange to allow individuals to easily compare enrollee satisfaction levels between comparable plans. HHS established the QHP Enrollee Experience Survey (QHP Enrollee Survey) to assess consumer experience with the QHPs offered through the Marketplaces. The survey include topics to assess consumer experience with the health care system such as communication skills of providers and ease of access to health care services. CMS developed the survey using the Consumer Assessment of Health Providers and Systems (CAHPS®) principles (http://www.cahps.ahrq.gov/about.htm) and established an application and approval process for survey vendors who want to participate in collecting QHP enrollee experience data.

    The QHP Enrollee Survey, which is based on the CAHPS® Health Plan Survey, will (1) help consumers choose among competing health plans, (2) provide actionable information that the QHPs can use to improve performance, (3) provide information that regulatory and accreditation organizations can use to regulate and accredit plans, and (4) provide a longitudinal database for consumer research. CMS completed two rounds of developmental testing including 2014 psychometric testing and 2015 beta testing of the QHP Enrollee Survey. The psychometric testing helped determine psychometric properties and provided an initial measure of performance for Marketplaces and QHPs to use for quality improvement. Based on psychometric test results, CMS further refined the questionnaire and sampling design to conduct the 2015 beta test of the QHP Enrollee Survey. CMS obtained clearance for the national implementation of the QHP Enrollee Survey which is currently being conducted in 2016.

    At this time, CMS is requesting approval of adding six disability status items required by section 4302 of the Affordable Care Act and that were tested during the 2014 psychometric testing of the QHP Enrollee Survey. With the addition of these six questions, the revised total estimated annual burden hours of national implementation of the QHP Enrollee Survey is 37,823 hours with 120,000 responses. The revised total annualized burden over three years for this requested information collection is 113,469 hours and the total average annualized number of responses is 315,045 responses. Form Number: CMS-10488 (OMB Control Number: 0938-1221); Frequency: Annually; Affected Public: Public sector (Individuals and Households), Private sector (Business or other for-profits and Not-for-profit institutions); Number of Respondents: 120,000; Total Annual Responses: 120,000; Total Annual Hours: 37,823. (For policy questions regarding this collection contact Nidhi Singh Shah at 301-492-5110.)

    Dated: April 26, 2016. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2016-10083 Filed 4-28-16; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers: CMS-10406, CMS-10572 and CMS-P-0015A] Agency Information Collection Activities: Submission for OMB Review; Comment Request ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    DATES:

    Comments on the collection(s) of information must be received by the OMB desk officer by May 31, 2016.

    ADDRESSES:

    When commenting on the proposed information collections, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be received by the OMB desk officer via one of the following transmissions: OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk Officer, Fax Number: (202) 395-5806 OR Email: [email protected]

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected]

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    Reports Clearance Office at (410) 786-1326.

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice that summarizes the following proposed collection(s) of information for public comment:

    1. Type of Information Collection Request: Extension of a currently approved information collection; Title: Probable Fraud Measurement Pilot; Use: The Centers for Medicare & Medicaid Services (CMS) is seeking Office of Management and Budget (OMB) approval of the collections required for a probable fraud measurement pilot. The probable fraud measurement pilot would establish a baseline estimate of probable fraud in payments for home health care services in the fee-for-service Medicare program. CMS and its agents will collect information from home health agencies, the referring physicians and Medicare beneficiaries selected in a national random sample of home health claims. The pilot will rely on the information collected along with a summary of the service history of the HHA, the referring provider, and the beneficiary to estimate the percentage of total payments that are associated with probable fraud and the percentage of all claims that are associated with probable fraud for Medicare fee-for-service home health. Form Number: CMS-10406 (OMB control number: 0938-1192); Frequency: Yearly; Affected Public: Individual and Private Sector—Business or other for-profits; Number of Respondents: 6,000; Total Annual Responses: 6,000; Total Annual Hours: 7,500. (For policy questions regarding this collection contact Cecilia Franco at (786) 313-0737.)

    2. Type of Information Collection Request: New collection (Request for a new OMB control number); Title Information Collection: Information Collection for Transparency in Coverage Reporting by Qualified Health Plan Issuers; Use: Section 1311(e)(3) of the Affordable Care Act requires issuers of Qualified Health Plans (QHPs), to make available and submit transparency in coverage data. This data collection would collect certain information from QHP issuers in Federally-facilitated Exchanges and State-based Exchanges that rely on the federal IT platform (i.e., HealthCare.gov). HHS anticipates that consumers may use this information to inform plan selection.

    Although this proposed data collection is limited to certain QHP issuers, HHS intends to phase in implementation for other entities over time. As stated in the final rule Patient Protection and Affordable Care Act; Establishment of Exchanges and Qualified Health Plans; Exchange Standards for Employers (77 FR 18310; March 27, 2012), broader implementation (including under Public Health Service Act (PHS Act) 2715A), will continue to be addressed in separate rulemaking issued by HHS, the Department of Labor, and the Department of the Treasury (the Departments). For State-based Exchanges not addressed in the current proposal, standards will be proposed later.

    Consistent with PHS Act section 2715A, which largely extends the transparency reporting provisions set forth in section 1311(e)(3) to non-grandfathered group health plans (including large group and self-insured health plans) and health insurance issuers offering group and individual health insurance coverage (non-QHP issuers), the Departments intend to propose other transparency reporting requirements, through a separate rulemaking, for non-QHP issuers and non-grandfathered group health plans. Those proposed reporting requirements may differ from those prescribed in the HHS proposal under section 1311(e)(3), and will take into account differences in markets and other relevant factors. Importantly, the Departments intend to streamline reporting under multiple reporting provisions and reduce unnecessary duplication. The Departments intend to implement any transparency reporting requirements applicable to non-QHP issuers and non-grandfathered group health plans only after notice and comment, and after giving those issuers and plans sufficient time, following the publication of final rules, to come into compliance with those requirements.

    CMS received a total of 13 comments during the 60-day comment period (August 12, 2015, 80 FR 48320). Form Number: CMS-10572 (OMB control number: 0938-NEW); Frequency: Annually; Affected Public: Private Sector; Number of Respondents: 475; Number of Responses: 475; Total Annual Hours: 16,150. (For questions regarding this collection, contact Valisha Price at (301) 492-4343.)

    3. Type of Information Collection Request: Revision of a currently approved collection; Title of Information Collection: Medicare Current Beneficiary Survey; Use: CMS is the largest single payer of health care in the United States. With full implementation of the Affordable Care Act of 2010 (ACA), the agency will play a direct or indirect role in administering health insurance coverage for more than 120 million people across the Medicare, Medicaid, CHIP, and Exchange populations. One of our critical aims is to be an effective steward, major force, and trustworthy partner in leading the transformation of the health care system. We also aim to provide Americans with high quality care and better health at lower costs through improvement. At the forefront of these initiatives is the newly formed Center for Medicare and Medicaid Innovation (CMMI).

    The CMMI is authorized by Section 1115A of the Social Security Act, as established by section 3021 of the ACA and was established to “test innovative payment and service delivery models to reduce program expenditures while preserving or enhancing the quality of care furnished” to Medicare, Medicaid and CHIP beneficiaries. Implicit across all of CMMI activities is an emphasis on diffusion—finding and validating innovative models that have the potential to scale, facilitating rapid adoption, and letting them take root in organizations, health systems, and communities across America.

    The Medicare Current Beneficiary Survey (MCBS) is the most comprehensive and complete survey available on the Medicare population and is essential in capturing data not otherwise collected through our operations. The MCBS is an in-person, nationally-representative, longitudinal survey of Medicare beneficiaries that we sponsor and is directed by the Office of Enterprise Data and Analytics (OEDA) in partnership with the CMMI. The survey captures beneficiary information whether aged or disabled, living in the community or facility, or serviced by managed care or fee-for-service. Data produced as part of the MCBS are enhanced with our administrative data (e.g. fee-for-service claims, prescription drug event data, enrollment, etc.) to provide users with more accurate and complete estimates of total health care costs and utilization. The MCBS has been continuously fielded for more than 20 years (encompassing over 1 million interviews), and consists of three annual interviews per survey participant.

    The MCBS continues to provide unique insight into the Medicare program and helps CMS and our external stakeholders better understand and evaluate the impact of existing programs and significant new policy initiatives. In the past, MCBS data have been used to assess potential changes to the Medicare program. For example, the MCBS was instrumental in supporting the development and implementation of the Medicare prescription drug benefit by providing a means to evaluate prescription drug costs and out-of-pocket burden for these drugs to Medicare beneficiaries. The revision will streamline some questionnaire sections, add a few new measures, and update the wording of questions and response categories. Most of the revised questions reflect an effort to bring the MCBS questionnaire in line with other national surveys that have more current wording of questions and response categories with well-established measures. As a whole, these revisions do not change the respondent burden; there is a small increase in overall burden reflecting a program change to oversample small population groups. Form Number: CMS-P-0015A (OMB control number: 0938-0568); Frequency: Occasionally; Affected Public: Individuals or Households; Number of Respondents: 16,071; Total Annual Responses: 43,199; Total Annual Hours: 60,103. (For policy questions regarding this collection contact William Long at 410-786-7927.)

    Dated: April 26, 2016. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2016-10084 Filed 4-28-16; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-3329-FN] Medicare and Medicaid Programs; Approval of the Institute for Medical Quality's Ambulatory Surgical Center Accreditation Program AGENCY:

    Centers for Medicare & Medicaid Services, HHS.

    ACTION:

    Final notice.

    SUMMARY:

    This final notice announces our decision to approve the Institute for Medical Quality (IMQ) for recognition as a national accrediting organization for ambulatory surgical centers (ASCs) that wish to participate in the Medicare or Medicaid programs. An ASC that participates in Medicaid must also meet the Medicare conditions for coverage (CfCs) as required under our regulations.

    DATES:

    This final notice is effective April 29, 2016 through April 29 2020.

    FOR FURTHER INFORMATION CONTACT: Lillian Williams, (410) 786-8636. Monda Shaver, (410) 786-3410. Patricia Chmielewski, (410) 786-6899.
    SUPPLEMENTARY INFORMATION: I. Background

    Under the Medicare program, eligible beneficiaries may receive covered services in an Ambulatory Surgical Center (ASC) provided certain requirements are met. Section 1832(a)(2)(F)(i) of the Social Security Act (the Act) establishes distinct criteria for facilities seeking designation as an ASC. Regulations concerning provider agreements are at 42 CFR part 489 and those pertaining to activities relating to the survey and certification of facilities are at 42 CFR part 488. The regulations at 42 CFR part 416 specify the conditions that an ASC must meet in order to participate in the Medicare program, the scope of covered services and the conditions for Medicare payment for ASCs.

    Generally, to enter into a Medicare provider agreement, an ASC must first be certified as complying with the conditions set forth in part 416 and be recommended to the Centers for Medicare & Medicaid Services (CMS) for participation by a state survey agency. Thereafter, the ASC is subject to periodic surveys by a state survey agency to determine whether it continues to meet these conditions. However, there is an alternative to certification surveys by state agencies. Accreditation by a nationally recognized Medicare accreditation program approved by CMS may substitute for both initial and ongoing state review.

    Section 1865(a)(1) of the Act provides that if the Secretary of the Department of Health and Human Services finds that accreditation of a provider entity by an approved national accrediting organization meets or exceeds all applicable Medicare conditions, we may treat the provider entity as having met those conditions, that is, we may “deem” the provider entity to be in compliance. Accreditation by an accrediting organization is voluntary and is not required for Medicare participation.

    Part 488 subpart A, implements the provisions of section 1865 of the Act and requires that a national accrediting organization applying for approval of its Medicare accreditation program must provide CMS with reasonable assurance that the accrediting organization requires its accredited provider entities to meet requirements that are at least as stringent as the Medicare conditions. Our regulations concerning the approval of accrediting organizations are set forth at § 488.5.

    II. Application Approval Process

    Section 1865(a)(3)(A) of the Act provides a statutory timetable to ensure that our review of applications for CMS-approval of an accreditation program is conducted in a timely manner. The Act provides us 210 days after the date of receipt of a complete application, with any documentation necessary to make the determination, to complete our survey activities and application process. Within 60 days after receiving a complete application, we must publish a notice in the Federal Register that identifies the national accrediting body making the request, describes the request, and provides no less than a 30-day public comment period. At the end of the 210-day period, we must publish a notice in the Federal Register approving or denying the application.

    III. Provisions of the Proposed Notice

    In the December 04, 2015 Federal Register (80 FR 75866), we published a proposed notice announcing the Institute for Medical Quality's (IMQ's) request for initial approval of its Medicare ASC accreditation program. In the December 04, 2015 proposed notice, we detailed our evaluation criteria. Under section 1865(a)(2) of the Act and in our regulations at § 488.5, we conducted a review of IMQ's Medicare ASC accreditation application in accordance with the criteria specified by our regulations, which include, but are not limited to the following:

    • An onsite administrative review of IMQ's: (1) Corporate policies; (2) financial and human resources available to accomplish the proposed surveys; (3) procedures for training, monitoring, and evaluation of its ASC surveyors; (4) ability to investigate and respond appropriately to complaints against accredited ASCs; and (5) survey review and decision-making process for accreditation.

    • The comparison of IMQ's Medicare ASC accreditation program standards to CMS' current Medicare ASC conditions for coverage (CfCs).

    • A documentation review of ASC's survey process to:

    ++ Determine the composition of the survey team, surveyor qualifications, and IMQ's ability to provide continuing surveyor training.

    ++ Compare IMQ's processes to those we require of state survey agencies, including survey frequency and the ability to investigate and respond appropriately to complaints against accredited ASCs.

    ++ Evaluate IMQ's processes and procedures for monitoring ASCs it has found to be out of compliance with IMQ's program requirements. (This pertains only to monitoring procedures when IMQ identifies non-compliance. If noncompliance is identified by a state survey agency through a validation survey, the state survey agency monitors corrections as specified at § 488.9(c).)

    ++ Assess IMQ's ability to report deficiencies to the surveyed ASC and respond to the ASCs plan of correction in a timely manner.

    ++ Establish IMQ's ability to provide CMS with electronic data and reports necessary for effective validation and assessment of the organization's survey process.

    ++ Determine the adequacy of IMQ's staff and other resources, and its financial viability.

    ++ Confirm IMQ's ability to provide adequate funding for performing required surveys.

    ++ Confirm IMQ's policies with respect to surveys being unannounced, to assure that surveys are unannounced.

    ++ Obtain IMQ's agreement to provide CMS with a copy of the most current accreditation survey together with any other information related to the survey as we may require, including corrective action plans.

    In accordance with section 1865(a)(3)(A) of the Act, the December 04, 2015 proposed notice also solicited public comments regarding whether IMQ's requirements met or exceeded the Medicare CfCs for ASCs. We received 10 comments in response to our proposed notice. All of the comments received expressed unanimous support for IMQ's ASC accreditation program.

    IV. Provisions of the Final Notice A. Differences Between IMQ's Standards and Requirements for Accreditation and Medicare Conditions and Survey Requirements

    We compared IMQ's ASC accreditation requirements and survey process with the Medicare CfCs of part 416, and the survey and certification process requirements of parts 488 and 489. Our review and evaluation of IMQ's ASC application, which were conducted as described in section III of this final notice, yielded the following areas where, as of the date of this notice, IMQ has revised its standards and certification processes to meet the requirements at:

    • § 416.2, to ensure its Medicare ASC accreditation program applies to a single distinct entity and that each entity independently meets all of the requirements at part 416.

    • § 416.41, to ensure the governing body assumes full legal responsibility of the ASC.

    • § 416.41(a), to ensure all contracted services are provided in a safe and effective manner.

    • § 416.41(b)(1) through (2), to ensure the ASC has an effective procedure for immediate transfer, to a local hospital, of patients requiring emergency medical care.

    • § 416.41(b)(3)(ii), to remove chiropractors from its list of professionals that perform surgical procedures.

    • § 416.41(c)(1) through (2), to address the ASCs responsibility to coordinate its emergency preparedness plan with state and local authorities.

    • § 416.42, to ensure the ASC is responsible for performing its own complete process for granting privileges through the governing body.

    • § 416.42(a)(1), to ensure all procedures performed in the ASC are documented in the patients' medical record and that a physician examine the patient before surgery to evaluate the risk of anesthesia and of the procedure to be performed.

    • § 416.42(a)(2), to ensure that before discharge from the ASC, a physician or anesthetist as defined at § 410.69(b) evaluates the patient for proper anesthesia recovery.

    • § 416.44, to ensure ASCs have a safe and sanitary environment, properly constructed, equipped, and maintained to protect the health and safety of patients.

    • § 416.44(a)(2), to ensure ASCs have a separate recovery room and waiting area.

    • § 416.44(b)(1), to ensure ASCs meets the provisions applicable to the Ambulatory Health Care Centers of the 2000 edition of the Life Safety Code (LSC) of the National Fire Protection Association.

    • § 416.44(b)(2), to address the regulatory requirement where CMS may waive, for periods deemed appropriate, specific provisions of the LSC which, if rigidly applied, would result in unreasonable hardship upon an ASC, but only if the waiver will not adversely affect the health and safety of the patients.

    • § 416.44(b)(4), to ensure the ASC is in compliance with the Emergency Lighting Chapter 21.2.9.1 of the LSC.

    • § 416.44(c), to address the requirement for emergency equipment to be immediately available for use during emergency situations and for emergency equipment to be maintained by appropriate personnel.

    • § 416.44(d), to ensure personnel trained in the use of emergency equipment and in cardiopulmonary resuscitation are available whenever there is a patient in the ASC.

    • § 416.45(a), to ensure all members of the medical staff are legally and professionally qualified for the positions to which they are appointed and for the performance of privileges granted.

    • § 416.46(a), to ensure patient care responsibilities are delineated for all nursing service personnel, that nursing services are provided in accordance with recognized standards of practice, and that there is a registered nurse available for emergency treatment whenever there is a patient in the ASC.

    • § 416.47, to ensure the ASC maintains complete, comprehensive and accurate medical records to ensure adequate patient care.

    • § 416.47(b)(1) through (8), to ensure patient medical records meet CMS standards.

    • § 416.48, to address the ASCs responsibility to provide drugs and biologicals in accordance with accepted professional practice.

    • § 416.48(a)(2), to ensure blood and blood products are administered by only physicians or registered nurses.

    • § 416.48(a)(3), to require all verbal orders for drugs and biologicals are followed by a written order and signed by the prescribing physician.

    • § 416.50, to address the ASC's responsibility to inform the patient or the patient's representative or surrogate of the patient's rights and to provide notice of the patients' rights prior to the start of the surgical procedure.

    • § 416.50(c)(1), to address providing the patient or the patient's representative with written information concerning its policies on advance directives.

    • § 416.50(c)(2), to ensure the patient or the patient's representative is informed of the right to make informed decisions regarding the patient's care.

    • § 416.50(f)(3), to ensure the patient has the right to be free from all forms of abuse or harassment.

    • § 416.51(b)(3), to provide a plan of action for preventing, identifying, and managing infections and communicable diseases and for immediately implementing corrective and preventive measures that result in improvement.

    • § 416.52(a)(1), to ensure each patient receives a comprehensive medical history and physical not more than 30 calendar days before the date of the scheduled surgery.

    • § 416.52(c)(1), to address the ASCs responsibility to provide overnight supplies when discharged from the ASC.

    • § 416.52(c)(2), to ensure each patient has a discharge order, signed by a physician who performed the surgery or procedure in accordance with applicable state health and safety laws, standards of practice, and ASC policy.

    • § 416.52(c)(3), to ensure all patients are discharged in the company of a responsible adult unless exempted by the attending physician.

    • § 488.5(a)(4)(ii), to ensure IMQ's surveyors observe at least one surgical procedure during an onsite ASC survey.

    • § 488.5(a)(4)(iv), to ensure each statement of deficiency contains a clear, detailed description of the deficient practice and relevant findings that includes the use of numerators and denominators, when applicable, as well as a regulatory reference based on the relevant Medicare requirement.

    • § 488.5(a)(9), to ensure IMQ's evaluation system used to monitor the performance of its surveyors meets the Medicare requirements.

    • § 488.5(a)(12), to ensure IMQ's policies for responding to and investigating complaints against accredited facilities meets the Medicare requirements.

    • § 489.13(b), to ensure IMQ does not provide an effective date of accreditation until the facility meets all applicable federal requirements, this includes both the Medicare requirements and IMQ standards.

    • § 488.20(b) and § 488.28(a), to ensure that IMQ has a policy regarding our requirements for submission of a plan of correction by the ASC and the completion of an onsite follow-up survey to determine compliance with the Medicare CfCs after citing condition level noncompliance during a recertification survey.

    • Section 2005A of the State Operations Manual (SOM), to ensure that IMQ has a policy regarding condition level noncompliance identified during an initial accreditation survey for participation in Medicare.

    • Section 2700 of the SOM, to ensure all Medicare surveys are conducted on an unannounced basis.

    • Section 2728 of the SOM, to ensure policies regarding timeframes for sending and receiving a plan of correction meets the Medicare requirements.

    B. Term of Approval

    Based on our review and observations described in section III of this final notice, we approve IMQ as a national accreditation organization for ASCs that request participation in the Medicare program, effective April 29, 2016 through April 29, 2020.

    V. Collection of Information Requirements

    This document does not impose information collection and recordkeeping requirements. Consequently, it need not be reviewed by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 35).

    Dated: April 13, 2016. Andrew M. Slavitt, Acting Administrator, Centers for Medicare & Medicaid Services.
    [FR Doc. 2016-10165 Filed 4-28-16; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2014-N-1050] Recommendations on the Regulation of Combination Drug Medicated Feeds; Availability; Reopening of Comment Period; Request for Comments AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability; reopening of comment period; request for comments.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is reopening the comment period and requesting public input on possible modifications to the current review processes for new animal drug applications (NADAs) for the use of multiple new animal drugs in combination drug medicated feeds. We are also announcing the availability of a Center for Veterinary Medicine (CVM) recommendations document for the animal drug user fee negotiating committee.

    DATES:

    Submit either electronic or written comments by July 29, 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-N-1050 for “Regulation of Combination Drug Medicated Feeds.” 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:

    Linda M. Wilmot, Center for Veterinary Medicine (HFV-120), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-402-0829, [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Federal Register of September 9, 2014 (79 FR 53431), FDA announced that it was beginning to explore possible modifications to the current review processes for NADAs for the use of multiple new animal drugs in combination drug medicated feeds. This effort is consistent with the stated performance goal in the Animal Drug User Fee Amendments of 2013 (ADUFA III) goals letter.

    In the same notice, FDA announced the opening of a docket to receive public input. Originally, interested persons were given until September 9, 2015, to provide comment. In a February 13, 2015 (80 FR 8092), notice of a public meeting on this subject, FDA extended the comment period until March 31, 2016. At this time, FDA is reopening the comment period until July 29, 2016.

    A summary of FDA recommendations, “Recommendations on the Regulation of Combination Drug Medicated Feeds,” has been placed in the FDA Docket. Persons with access to the Internet may obtain this document at the CVM FOIA Electronic Reading Room: http://www.fda.gov/ForIndustry/UserFees/AnimalDrugUserFeeActADUFA/default.htm.

    Dated: April 22, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-10028 Filed 4-28-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-N-0610] Mass Spectrometry in the Clinic: Regulatory Considerations Surrounding Validation of Liquid Chromatography-Mass Spectrometry Based Devices; Public Workshop; Reopening of Comment Period AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of public workshop; reopening of comment period.

    SUMMARY:

    The Food and Drug Administration (FDA) is reopening the comment period for the notice of a public workshop that appeared in the Federal Register of March 9, 2016. In the notice of the public workshop, FDA requested comments on the workshop topics concerning the use of liquid chromatography/mass-spectrometry (LC/MS)-based in vitro diagnostic devices (IVDs) in the clinical laboratory. The Agency is taking this action in response to requests to allow interested persons additional time to submit comments.

    DATES:

    FDA is reopening the comment period for the notice of public workshop published March 9, 2016. Submit either electronic or written comments by June 2, 2016.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2016-N-0610 for “Mass Spectrometry in the Clinic: Regulatory Considerations Surrounding Validation of Liquid Chromatography-Mass Spectrometry Based Devices.” 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:

    Julia Tait Lathrop, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5614, Silver Spring, MD 20993, 240-402-5034, [email protected].

    SUPPLEMENTARY INFORMATION:

    In the Federal Register of March 9, 2016, (81 FR 12511), FDA published a notice of a public workshop with a deadline of April 20, 2016, to request comments on the workshop topics concerning the use of LC/MS-based IVDs in the clinical laboratory. Comments on the public workshop topics will inform FDA's development and validation of LC/MS-based devices, especially validation considerations for protein- and peptide-based LC/MS devices.

    FDA is reopening the comment period for the notice of the public workshop until June 2, 2016. The Agency believes that the extension allows adequate time for interested persons to submit comments without significantly delaying decision making on these important issues.

    Dated: April 26, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-10106 Filed 4-28-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-N-1160] Center for Biologics Evaluation and Research eSubmitter Program for Electronic Submission of Postmarketing Adverse Event Reports for Human Vaccine Products AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency), Center for Biologics Evaluation and Research (CBER) is announcing the availability of a Vaccine Adverse Event Reporting System (VAERS) eSubmitter program for the electronic submission of postmarketing individual case safety reports (ICSRs) and ICSR attachments of adverse events for human vaccine products (VAERS eSubmitter program). The VAERS eSubmitter program is a free software program for voluntary use that is intended to help persons subject to mandatory postmarketing requirements for vaccines including applicants, manufacturers, packagers, and distributors to electronically submit ICSRs and ICSR attachments as required by the final rule titled “Postmarketing Safety Reports for Human Drug and Biological Products; Electronic Submission Requirements.” The VAERS eSubmitter program creates a simple and efficient mechanism for the secure electronic submission of postmarketing ICSRs and ICSR attachments into the VAERS database without the need for an internal database that is compatible with the International Conference on Harmonisation (ICH)-based direct database to database submission system.

    FOR FURTHER INFORMATION CONTACT:

    Bioinformatics Support Staff, Office of Review Management, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    FDA is announcing the availability of the VAERS eSubmitter program for the electronic submissions of postmarketing ICSRs and ICSR attachments of adverse events for human vaccine products. The VAERS eSubmitter program is available for voluntary use by applicants and others required to report postmarketing adverse events, as described above, to submit an initial or follow-up ICSR document for human vaccine products. The eSubmitter application software, which can be downloaded free of charge, assists users in the preparation of submissions that contain the minimum elements necessary for FDA to perform a comprehensive review.

    The eSubmitter ICSR template for vaccines is designed to ensure that those submitting postmarketing ICSRs and ICSR attachments include necessary information in these regulatory submissions. It is also designed to guide users of the system as they complete the ICSR file creation and submission process. The VAERS eSubmitter program will help to improve the consistency, quality, and completeness of ICSR submissions and make the submission and review process more user-friendly for those required to report postmarketing adverse events for human vaccine products.

    FDA published in the Federal Register of June 10, 2014 (79 FR 33072), a final rule titled “Postmarketing Safety Reports for Human Drug and Biological Products; Electronic Submission Requirements,” which requires, in part, that applicants and other adverse event reporters submit postmarketing ICSRs and ICSR attachments to CBER in an electronic format that the Agency can process, review, and archive. The final rule became effective June 10, 2015. Postmarketing ICSRs and ICSR attachments sent to CBER for human vaccines are processed into the VAERS database. As discussed in the preamble to the final rule and in CBER's final guidance for industry “Providing Submissions in Electronic Format—Postmarketing Safety Reports for Vaccines,” dated August 2015 (August 2015 Guidance), FDA is providing two voluntary options for electronic submission of ICSRs and ICSR attachments into VAERS: (1) Direct database to database submission through the Electronic Submissions Gateway (ESG), and (2) submission of safety reports through the VAERS eSubmitter program as described on the CBER eSubmitter Web page (available at: http://www.fda.gov/ForIndustry/FDAeSubmitter/ucm191387.htm). Applicants and others required to report postmarketing adverse events can choose either option to electronically submit ICSRs and ICSR attachments to VAERS.

    The ICSR eSubmitter software is a government-issued software provided in support of the Government Paperwork Elimination Act of 1998 (44 U.S.C. 3504). As users of the eSubmitter software, applicants and others required to report postmarketing adverse events are not required to perform their own file validation process. The purpose of the ICSR eSubmitter template is to facilitate the electronic submission of postmarketing vaccine safety reports using internationally adopted data standards to enhance regulatory review, exchange and dissemination of vaccine safety information. Applicants and others who choose to use the eSubmitter program for required postmarketing reporting of adverse events for human vaccine products must first download the eSubmitter software and then manually enter information into the ICSR template form to create each electronic ICSR or ICSR attachment for submission to FDA through the ESG for uploading to the VAERS database. Further information on submitting ICSRs and ICSR attachments using eSubmitter is included in the August 2015 Guidance (available at: http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/Vaccines/default.htm), and on the CBER eSubmitter Web page referenced above.

    Dated: April 25, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-10025 Filed 4-28-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Statement of Organization, Functions and Delegations of Authority

    This notice amends Part R of the Statement of Organization, Functions and Delegations of Authority of the Department of Health and Human Services (HHS), Health Resources and Services Administration (HRSA) (60 FR 56605, as amended November 6, 1995; as last amended at 80 FR 19981-19982 dated April 6, 2016).

    This notice reflects organizational changes in the Health Resources and Services Administration (HRSA), Office of the Administrator (RA). Specifically, this notice: (1) Renames the Office of Equal Opportunity, Civil Rights and Diversity Management (RA2) to the Office of Civil Rights, Diversity and Inclusion (RA2); and (2) updates the functional statement for Office of Civil Rights, Diversity and Inclusion (RA2).

    Chapter RA2—Office of Civil Rights, Diversity and Inclusion Section RA2—00, Mission

    The mission of the Office of Civil Rights, Diversity and Inclusion is to protect and serve the rights of all HRSA employees, applicants and beneficiaries of federal funds by enforcing federal laws, policies and practices prohibiting discrimination, resolves workplace disputes and conflict at the earliest possible stage, and helps to leverage diversity throughout HRSA.

    Section RAE-10, Organization

    Delete the organization for the Office of the Administrator (RA) in its entirety and replace with the following:

    Rename the Office of Equal Opportunity, Civil Rights and Diversity Management to the Office of Civil Rights, Diversity and Inclusion within the Office of the Administrator. The Office of the Administrator is headed by the Administrator, who reports directly to the Secretary, Department of Health and Human Services.

    (1) Immediate Office of the Administrator (RA);

    (2) Office of Legislation (RAE);

    (3) Office of Communications (RA6);

    (4) Office of Health Equity (RAB);

    (5) Office of Civil Rights, Diversity and Inclusion (RA2);

    (6) Office of Planning, Analysis and Evaluation (RA5);

    (7) Office of Women's Health (RAW); and

    (8) Office of Global Health (RAI).

    Section RA2-20, Functions

    This notice reflects organizational changes in the Health Resources and Services Administration (HRSA), Office of the Administrator (RA). Specifically, this notice: (1) Updates the functional statement.

    Delete the function for the Office of Equal Opportunity, Civil Rights and Diversity Management and replace in its entirety.

    Office of Civil Rights, Diversity and Inclusion (RA2)

    Serves as the focal point for HRSA's formulation, implementation, coordination and management of the equal opportunity, civil rights, and diversity and inclusion activities. Specifically: (1) Provides advice, counsel, and recommendations to HRSA personnel, including regional offices, on equal opportunity, civil rights, and diversity and inclusion issues; (2) analyzes Agency data to determine underrepresentation and/or underutilization of diverse groups in the workforce; (3) identifies barriers and devises strategies to eliminate those barriers; (4) manages the equal employment opportunity complaint process for HRSA civilian employees; (5) manages the equal employment opportunity complaint process for Public Health Service (PHS) Commissioned Corps personnel under the provisions of PHS Personnel Instruction 6 and issues recommendations to the Surgeon General; (6) approves and executes equal opportunity complaint settlement agreements; (7) develops and directs implementation of the requirements of Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans With Disabilities Act, The Genetic Information Nondiscrimination Act of 2008, and Section 1557 of the Affordable Care Act, as they apply to HRSA and recipients of HRSA funds; (8) provides comprehensive EEO, Civil Rights and Diversity and Inclusion training to HRSA's supervisors, managers and employees to prevent discrimination and harassment in the workplace; (9) applies all applicable laws, guidelines, rules and regulations; and (10) provides leadership and guidance in HRSA's efforts to develop and maintain a diverse and inclusive workforce.

    Delegations of Authority

    All delegations of authority and re-delegations of authority made to HRSA officials that were in effect immediately prior to this reorganization, and that are consistent with this reorganization, shall continue in effect pending further re-delegation.

    This reorganization is effective upon date of signature.

    Dated: April 21, 2016. James Macrae, Acting Administrator.
    [FR Doc. 2016-10048 Filed 4-28-16; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary [Document Identifier: HHS-OS-0990-new-60D] Agency Information Collection Activities; Proposed Collection; Public Comment Request AGENCY:

    Office of the Secretary, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, announces plans to submit a new Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). Prior to submitting the ICR to OMB, OS seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.

    DATES:

    Comments on the ICR must be received on or before June 28, 2016.

    ADDRESSES:

    Submit your comments to [email protected] or by calling (202) 690-6162.

    FOR FURTHER INFORMATION CONTACT:

    Information Collection Clearance staff, [email protected] or (202) 690-6162.

    SUPPLEMENTARY INFORMATION:

    When submitting comments or requesting information, please include the document identifier HHS-OS-0990-new-60D for reference.

    Information Collection Request Title: Evaluation of the Women's Health Leadership Institute Program.

    Abstract: The U.S. Department of Health and Human Services (HHS) Office on Women's Health (OWH) is requesting approval for new data collection to assess the impact of the Women's Health Leadership Institute (WHLI) program. The WHLI trained community health workers (CHWs) to gain leadership skills and to use a public health systems approach to address chronic disease and health disparities in their communities. WHLI employed a train-the-trainers model (i.e., experienced personnel coach and mentor inexperienced instructors to develop skills and knowledge needed to deliver the course), where Master Trainers (MTs) learned to deliver the WHLI training curriculum to CHWs. At the end of the program, CHWs received guidance on developing Community Action Projects (CAPs) to implement systems-level changes in their communities.

    The evaluation will consist of both a process evaluation that focuses on CHWs' satisfaction with the training and suggestions for improvement, and an outcome evaluation that assesses (1) intermediate outcomes including the sustainability of CHWs' leadership knowledge and competencies, and the application of these competencies in leadership activities and CAP development; and (2) long-term outcomes including positive systemic and/or community level changes made around women's health issues. Data from the study will enable OWH to understand what components of the training were most successful and to identify aspects of the training in need of improvement. Results will also help OWH with planning and developing future training initiatives to promote effective programs for women and girls.

    Total Estimated Annualized Burden—Hours Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total burden
  • hours
  • Online Survey—All CHWs 422 1 25/60 * 176 Telephone Interviews—CHWs with completed CAPs or other leadership activities 40 1 30/60 20 Telephone Interviews—Master Trainers 18 1 30/60 9 Telephone Interviews—CHW Worksite Supervisors 20 1 30/60 10 Telephone Interviews—Community Stakeholders 20 1 30/60 10 Total 520 225 * Numbers have been rounded.

    OS specifically requests comments on (1) the necessity and utility of the proposed information collection for the proper performance of the agency's functions, (2) the accuracy of the estimated burden, (3) ways to enhance the quality, utility, and clarity of the information to be collected, and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    Terry S. Clark, Asst. Information Collection Clearance Officer.
    [FR Doc. 2016-10062 Filed 4-28-16; 8:45 am] BILLING CODE 4150-33-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary [Document Identifier: HHS-OS-0990-New—60D] Agency Information Collection Activities; Proposed Collection; Public Comment Request AGENCY:

    Office of the Secretary, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, announces plans to submit a new Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). Prior to submitting the ICR to OMB, OS seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.

    DATES:

    Comments on the ICR must be received on or before June 28, 2016.

    ADDRESSES:

    Submit your comments to [email protected] or by calling (202) 690-6162.

    FOR FURTHER INFORMATION CONTACT:

    Information Collection Clearance staff, [email protected] or (202) 690-6162.

    SUPPLEMENTARY INFORMATION:

    When submitting comments or requesting information, please include the document identifier HHS-OS-0990-New-60D for reference.

    Information Collection Request Title: Office on Women's Health: IPV Provider Network Cross-Site Evaluation

    Abstract: The Affordable Care Act (PHS 2713) requires health insurance plans to cover preventive care and screening for women as defined by the Health Resources and Services Administration (HRSA) Women's Preventive Services Guidelines, including screening and counseling for interpersonal and domestic violence. In addition, the U.S. Preventive Services Task Force released a recommendation for IPV (interpersonal violence) screening in clinical settings. As part of the administration's efforts to create a health system that better addresses the needs of IPV victims, the Office on Women's Health (OWH) at the U.S. Department of Health and Human Services has established the IPV Provider Network program. The program requires partnerships between health care providers and IPV service programs to evaluate systems for integrating IPV interventions into basic clinical care. Each of the five selected OWH grantees is required to establish Memoranda of Understanding with 5 to 10 partners that provide services (e.g., legal, housing, substance use, mental health) to clients referred by the grantee health providers. The overall goal of the IPV Provider Network project is to understand and assess the strategies implemented by the five different IPV Provider Network programs designed to improve care coordination for IPV screening/referred patients. OWH will use program assessment findings to support future work with federal and state partners to disseminate the evidence-based strategies that are created. The purpose of this data collection is to gather data from the grantees' service provider partners to answer the research question: What feedback is available from the service partners to refine the IPV referral and follow-up processes? OWH contractor NORC at the University of Chicago will collect and analyze two sources of primary data. The first data source will be a brief online survey administered to a single representative of each of the partners, assessing (a) the partnership with the respective OWH grantee's health care provider and (b) the services that partner provides to the women referred by the health care provider. The second data source is a key informant interview with a single representative of each partner, providing a mechanism for the key informant to elaborate on their agency's survey response data. Direct contact with the partners is necessary to understand the nature of each grantee's provider network partnerships, including what works and what does not work.

    Likely Respondents: Medical and Health Services Managers.

    Total Estimated Annualized Burden—Hours Form name Number of
  • respondents
  • Number of
  • responses
  • per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total burden
  • hours
  • Semi-annual online Service Provider Assessments 50 2 30/60 50/60 Key informant interviews 50 1 1 50/60 Total 100

    OS specifically requests comments on (1) the necessity and utility of the proposed information collection for the proper performance of the agency's functions, (2) the accuracy of the estimated burden, (3) ways to enhance the quality, utility, and clarity of the information to be collected, and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    Terry S. Clark, Asst. Information Collection Clearance Officer.
    [FR Doc. 2016-10066 Filed 4-28-16; 8:45 am] BILLING CODE 4150-33-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service 4-in-1 Grant Program; Correction AGENCY:

    Indian Health Service, HHS.

    ACTION:

    Notice; correction.

    SUMMARY:

    The Indian Health Service published a document in the Federal Register on March 14, 2016, for the FY 2016 4-in-1 Grant Program. The notice contained incorrect page limits for one section of the project narrative and the overall project narrative.

    FOR FURTHER INFORMATION CONTACT:

    Rick Mueller, Public Health Advisor, Office of Urban Indian Health Programs, 5600 Fishers Lane, Mail Stop: 08E65B, Rockville, MD 20857, Telephone (301) 443-4680. (This is not a toll-free number.)

    Corrections

    In the Federal Register of March 14, 2016, in FR Doc. 2016-05761, the following corrections are made:

    1. On page 13382, in the first column, under the heading “IV. Application and Submission Information, 2. Content and Form of Application Submission”, the correct Project Narrative requirement should read as “Project Narrative (must be single-spaced and not exceed thirty two pages)”.

    2. On page 13382, in the second column, under the heading “IV. Application and Submission Information, Requirements for Project and Budget Narratives, A. Project Narrative”, the correct paragraphs should read as “The project narrative should be a separate Word document that is no longer than 32 pages and must: Be single-spaced, be type-written, have consecutively numbered pages, use black type not smaller than 12 characters per one inch, and be printed on one side only of standard size 81/2 x 11 paper.

    Be sure to succinctly address and answer all questions listed under the narrative and place them under the evaluation criteria (refer to Section V.1, Evaluation criteria in this announcement) and place all responses and required information in the correct section (noted below), or they shall not be considered or scored. These narratives will assist the Objective Review Committee (ORC) in becoming familiar with the applicant's activities and accomplishments prior to this grant award. If the narrative exceeds the page limit, only the first 32 pages will be reviewed. The 32-page limit for the narrative does not include the table of contents, abstract, standard forms, budget justification narrative, and/or other appendix items”.

    3. On page 13382, in the third column, under the heading “IV. Application and Submission Information, Requirements for Project and Budget Narratives, A. Project Narrative, Part A: Program Information (3 Page Limitation)”, the correct subheading and page limit should read as “Part A: Program Information (10 page limitation)”.

    4. On page 13384, in the first column, under the heading “V. Application Review Information”, the correct paragraph should read as “The instructions for preparing the application narrative also constitute the evaluation criteria for reviewing and scoring the application. Weights assigned to each section are noted in parentheses. The 32 page narrative should include only the first year activities; information for multi-year projects should be included as an appendix. See “Multi-year Project Requirements” at the end of this section for more information. The narrative should be written in a manner that is clear to outside reviewers unfamiliar with prior related activities of the applicant. It should be well organized, succinct, and contain all information necessary for reviewers to understand the project fully. Points will be assigned to each evaluation criteria adding up to a total of 100 points. A minimum score of 60 points is required for funding. Points are assigned as follows:”

    Dated: April 25, 2016. Elizabeth A. Fowler, Deputy Director for Management Operations, Indian Health Service.
    [FR Doc. 2016-10164 Filed 4-28-16; 8:45 am] BILLING CODE 4165-16-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Prospective Grant of Exclusive License: AAV-Mediated Aquaporin Gene Transfer To Treat Sjögren's Syndrome AGENCY:

    National Institutes of Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    This is notice, in accordance with 35 U.S.C. 209 and 37 CFR part 404, that the National Institutes of Health, Department of Health and Human Services, is contemplating the grant of an exclusive license to MeiraGTx, having a principal place of business in New York, New York, U.S.A. to practice the inventions embodied in the following patent applications, entitled “AAV-mediated aquaporin gene transfer to treat Sjögren's syndrome”:

    1. U.S. Provisional Patent Application No. 61/695,753 filed August 31, 2012 (HHS Ref. No. E-139-2011/1-US-01);

    2. PCT Application No. PCT/US2013/057632, filed August 30, 2013 (HHS Ref. No. E-139-2011/1-PCT-02);

    3. Australia Patent Application No. 2013308470, filed February 25, 2015 (HHS Ref. No. E-139-2011/1-AU-03);

    4. Canada Patent Application No. 2882763, filed February 20, 2015 (HHS Ref. No. E-139-2011/1-CA-04);

    5. European Patent Application No. 13773443.0, filed March 30, 2015 (HHS Ref. No. E-139-2011/1-EP-05);

    6. U.S. Patent Application No. 14/423,774, filed February 25, 2015 (HHS Ref. No. E-139-2011/1-US-06).

    The patent rights in these inventions have been assigned to the Government of the United States of America. The territory of the prospective license may be worldwide, and the field of use may be limited to adeno-associated virus (AAV) vector mediated gene delivery of human aquaporin-1 (hAQP1) in Sjögren's syndrome patients with associated xerostomia and/or xerophthalmia.

    DATES:

    Only written comments and/or applications for a license that are received by the National Institute of Dental and Craniofacial Research, Office of Technology Transfer and Innovation Access on or before May 16, 2016 will be considered.

    FOR FURTHER INFORMATION CONTACT:

    Requests for a copy of the patent application(s), inquiries, comments and other materials relating to the contemplated license should be directed to: Sally Hu, Ph.D., M.B.A., Senior Licensing and Patenting Manager, Office of Technology Transfer and Innovation Access, National Institute of Dental and Craniofacial Research, National Institutes of Health, BLDG 1 DEM, RM667, 6701 Democracy Blvd., Bethesda, MD 20817; Telephone: (301) 594-2616; Facsimile: (301) 496-1005; Email: [email protected] A signed confidential disclosure agreement may be required to receive copies of the patent application assuming it has not already been published under the publication rules of either the United States Patent and Trademark Office or the World Intellectual Property Organization.

    SUPPLEMENTARY INFORMATION:

    This subject technology is directed to the methods of using AAV vectors to deliver the hAQP gene into a salivary gland or a lachrymal gland in patients who suffer from Sjögren's syndrome. Sjögren's syndrome is a systemic autoimmune disease in which immune cells attack and destroy the glands that produce saliva and tears, resulting in progressive dry mouth and dry eyes. In a mouse model of Sjögren's syndrome, administration of hAQP-1 to salivary glands can restore salivary secretion and reduce inflammation in the glands.

    The prospective exclusive license will be royalty bearing and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR part 404. The prospective exclusive license may be granted unless, within fifteen (15) days from the date of this published notice, the Office of Technology Transfer and Innovation Access, National Institute of Dental and Craniofacial Research receives written evidence and argument that establishes that the grant of the contemplated license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR part 404.

    Properly filed competing applications for a license in the prospective field of use that are filed in response to this notice will be treated as objections to the contemplated license. Comments and objections submitted in response to this notice will not be made available for public inspection, and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552.

    Dated: April 22, 2016. David W. Bradley, Director, Office of Technology Transfer and Innovation Access, National Institute of Dental and Craniofacial Research, National Institutes of Health.
    [FR Doc. 2016-09978 Filed 4-28-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Drug Abuse; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Drug Abuse Special Emphasis Panel NIH Blueprint Training in Computational Neuroscience: From Biology to Model and Back Again (T90/R90).

    Date: May 11, 2016.

    Time: 9:00 a.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Courtyard by Marriott, 5520 Wisconsin Avenue, Chevy Chase, MD 20815.

    Contact Person: Susan O. McGuire, Ph.D., Scientific Review Officer, Office of Extramural Affairs, National Institute on Drug Abuse, National Institutes of Health, DHHS, 6001 Executive Blvd., Room 4245, Rockville, MD 20852, 301-435-1426, [email protected]

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    Name of Committee: National Institute on Drug Abuse Special Emphasis Panel Effects of drugs of abuse on latent HIV reservoirs in the CNS (R01).

    Date: May 27, 2016.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Bethesda North Marriott Hotel & Conference Center, 5701 Marinelli Road, Bethesda, MD 20852.

    Contact Person: Jagadeesh S. Rao, Ph.D., Scientific Review Officer, Office of Extramural Policy and Review, National Institute on Drug Abuse, National Institutes of Health, DHHS, 6001 Executive Boulevard, Room 4234, MSC 9550, Bethesda, MD 02892, 301-443-9511, [email protected]

    Name of Committee: National Institute on Drug Abuse Special Emphasis Panel Exploring Epigenomic or Non-Coding RNA Regulation in HIV/AIDS and Substance Abuse (R01).

    Date: June 10, 2016.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Bethesda North Marriott Hotel & Conference Center, 5701 Marinelli Road, Bethesda, MD 20852.

    Contact Person: Jagadeesh S. Rao, Ph.D., Scientific Review Officer, Office of Extramural Policy and Review, National Institute on Drug Abuse, National Institutes of Health, DHHS, 6001 Executive Boulevard, Room 4234, MSC 9550, Bethesda, MD 02892, 301-443-9511, [email protected]

    Name of Committee: National Institute on Drug Abuse Special Emphasis Panel Multi-site Clinical Trials.

    Date: June 21, 2016.

    Time: 11:00 a.m. to 12:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852 (Telephone Conference Call).

    Contact Person: Hiromi Ono, Ph.D., Scientific Review Officer, Office of Extramural Affairs, National Institute on Drug Abuse, National Institutes of Health, DHHS, 6001 Executive Boulevard, Room 4238, MSC 9550, Bethesda, MD 20892, 301-402-6020, [email protected]

    Name of Committee: National Institute on Drug Abuse Special Emphasis Panel Integration of Infectious Diseases and Substance Abuse Intervention Services for Individuals Living with HIV (R01).

    Date: July 1, 2016.

    Time: 12:00 p.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852 (Telephone Conference Call).

    Contact Person: Hiromi Ono, Ph.D., Scientific Review Officer, Office of Extramural Affairs, National Institute on Drug Abuse, National Institutes of Health, DHHS, 6001 Executive Boulevard, Room 4238, MSC 9550, Bethesda, MD 20892, 301-402-6020, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos.: 93.279, Drug Abuse and Addiction Research Programs, National Institutes of Health, HHS)
    Dated: April 26, 2016. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-10128 Filed 4-28-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Special Emphasis Panel; Estrogen and Alzheimer's Disease.

    Date: May 23, 2016.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institute on Aging, The Gateway Building, Suite 2C212, 7201 Wisconsin Avenue, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Isis S. Mikhail, MD, MPH, DRPH, National Institute on Aging, Gateway Building, 7201 Wisconsin Avenue, Suite 2C212, Bethesda, MD 20892, 301-402-7704, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)
    Dated: April 26, 2016. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-10144 Filed 4-28-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Neurological Disorders and Stroke; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Neurological Disorders and Stroke Special Emphasis Panel; BRAIN Initiative Review.

    Date: May 12, 2016.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Renaissance Arlington Capital View Hotel, 2800 S. Potomac Avenue, Arlington, VA 22202.

    Contact Person: Joel Saydoff, Ph.D., Scientific Review Administrator, Scientific Review Branch, NINDS/NIH/DHHS, Neuroscience Center, 6001 Executive Blvd., Suite 3204, MSC 9529, Bethesda, MD 20892-9529, 301-496-9223, [email protected]

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    Name of Committee: National Institute of Neurological Disorders and Stroke Special Emphasis Panel; BRAIN: Large Scale Recording and Neuromodulation Panel.

    Date: June 6-7, 2016.

    Time: 2:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Crown Plaza Old Town Alexandria, 901 North Fairfax Street, Alexandria, VA 22314.

    Contact Person: Shanta Rajaram, Ph.D., Scientific Review Administrator, Scientific Review Branch, NINDS/NIH/DHHS, Neuroscience Center, 6001 Executive Blvd., Suite 3204, MSC 9529, Bethesda, MD 20892-9529, 301-402-6033, [email protected]

    Name of Committee: National Institute of Neurological Disorders and Stroke Initial Review Group; Neurological Sciences and Disorders A.

    Date: June 20-21, 2016.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Wyndham Grand Chicago Riverfront Hotel, 71 East Wacker Drive, Chicago, IL 60601.

    Contact Person: Natalia Strunnikova, Ph.D., Scientific Review Administrator, Scientific Review Branch, NINDS/NIH/DHHS, Neuroscience Center, 6001 Executive Blvd., Suite 3204, MSC 9529, Bethesda, MD 20892-9529, 301-402-0288, [email protected]

    Name of Committee: National Institute of Neurological Disorders and Stroke Initial Review Group; Neurological Science and Disorders C.

    Date: June 21-22, 2016.

    Time: 8:00 a.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Warwick Seattle Hotel, 401 Lenora Street, Seattle, WA 98121.

    Contact Person: William C. Benzing, Ph.D., Scientific Review Administrator, Scientific Review Branch, NINDS/NIH/DHHS, Neuroscience Center, 6001 Executive Blvd., Suite 3204, MSC 9529, Bethesda, MD 20892-9529, 301-402-0660, [email protected]

    Name of Committee: National Institute of Neurological Disorders and Stroke Initial Review Group; Neurological Sciences and Disorders B.

    Date: June 23-24, 2016.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Mayflower Park Hotel, 405 Olive Way, Seattle, WA 98101.

    Contact Person: Birgit Neuhuber, Ph.D., Scientific Review Administrator, Scientific Review Branch, NINDS/NIH/DHHS, Neuroscience Center, 6001 Executive Blvd., Suite 3204, MSC 9529, Bethesda, MD 20892-9529, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS)
    Dated: April 26, 2016. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-10030 Filed 4-28-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Alcohol Abuse and Alcoholism; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the Clinical, Treatment and Health Services Research Review Subcommittee, June 13, 2016, 08:30 a.m. to June 13, 2016, 06:00 p.m., National Institute on Alcohol Abuse & Alcoholism, 5635 Fishers Lane, Terrace Conference Room 508/509, Rockville, MD, 20852 which was published in the Federal Register on April 07, 2016, 81FR20406.

    This meeting is being amended to change the Contact Person from Katrina L. Foster, Ph.D. to Ranga V. Srinivas, Ph.D. The meeting is closed to the public.

    Dated: April 26, 2016. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-10132 Filed 4-28-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of General Medical Sciences; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: NIGMS Initial Review Group; Training and Workforce Development Subcommittee—D.

    Date: June 23-24, 2016.

    Time: 8:30 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hilton Mclean Tysons Corner, 7920 Jones Branch Drive, Tysons Corner, VA 22102.

    Contact Person: Rebecca H. Johnson, Ph.D., Scientific Review Officer, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, Natcher Building, Room 3AN18C, Bethesda, MD 20892, 301-594-2771, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and Biophysics Research; 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.862, Genetics and Developmental Biology Research; 93.88, Minority Access to Research Careers; 93.96, Special Minority Initiatives; 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)
    Dated: April 26, 2016. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-10126 Filed 4-28-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Eunice Kennedy Shriver National Institute of Child Health and Human Development; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the Board of Scientific Counselors, NICHD.

    The meeting will be open to the public as indicated below, with the attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    The meeting will be closed to the public as indicated below in accordance with the provisions set forth in section 552b(c)(6), Title 5 U.S.C., as amended for the review, discussion, and evaluation of individual intramural programs and projects conducted by the Eunice Kennedy Shriver National Institute of Child Health and Human Development, including consideration of personnel qualifications and performance, and the competence of individual investigators, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Board of Scientific Counselors, NICHD.

    Date: June 3, 2016.

    Open: 8:00 a.m. to 11:30 p.m.

    Agenda: A report by the Scientific Director, NICHD, on the status of the NICHD Division of Intramural Research, talks by various intramural scientists, and current organizational structure.

    Place: National Institutes of Health, Building 31A, Conference Room 2A48, 31 Center Drive, Bethesda, MD 20892.

    Closed: 11:30 p.m. to 4:00 p.m.

    Agenda: To review and evaluate personal qualifications and performance, and competence of individual investigators.

    Place: National Institutes of Health, Building 31A, Conference Room 2A48, 31 Center Drive, Bethesda, MD 20892.

    Contact Person: Constantine A. Stratakis, MD, D(med)Sci, Scientific Director, Eunice Kennedy Shriver National Institute of Child Health and Human Development, NIH, Building 31A, Room 2A46, 31 Center Drive, Bethesda, MD 20892, 301-594-5984, [email protected].

    Information is also available on the Institute's/Center's home page: http://dir.nichd.nih.gov/dirweb/home.html, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)
    Dated: April 25, 2016. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-09980 Filed 4-28-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute Amended; Notice of Meeting

    Notice is hereby given of a change in the meeting of the Frederick National Laboratory Advisory Committee to the National Cancer Institute, May 11, 2016, 08:00 a.m. to May 11, 2016, 05:00 p.m., National Cancer Institute Shady Grove, 9609 Medical Center Drive, TE406, Rockville, MD, 20850 which was published in the Federal Register on April 4, 2016, 81 FR 19210.

    The meeting notice is amended to change the start and end time from 8:00 a.m.-5:00 p.m. to 8:30 a.m.-5:15 p.m. The meeting is open to the public.

    Dated: April 26, 2016. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-10029 Filed 4-28-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute On Deafness and Other Communication Disorders; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Communication Disorders Review Committee.

    Date: June 23-24, 2016.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Ritz-Carlton Hotel at Pentagon City, 1250 South Hayes Street, Arlington, VA 22202.

    Contact Person: Eliane Lazar-Wesley, Scientific Review Officer, Division of Extramural Activities, National Institute on Deafness and other Communication Disorders/NIH, 6001 Executive Blvd., MSC 9670, Bethesda, MD 20892-8401, 301-496-8683, [email protected]

    Name of Committee: National Institute on Deafness and Other Communication Disorders Special Emphasis Panel.

    Date: June 27, 2016.

    Time: 11:00 a.m. to 2:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852 (Telephone Conference Call).

    Contact Person: Katherine Shim, Ph.D., Scientific Review Officer, Division of Extramural Activities, NIH/NIDCD, 6001 Executive Blvd., Bethesda, MD 20892, 301-496-8693.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.173, Biological Research Related to Deafness and Communicative Disorders, National Institutes of Health, HHS)
    Dated: April 25, 2016. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-10142 Filed 4-28-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Office of the Director; Notice of Charter Renewal

    In accordance with Title 41 of the U.S. Code of Federal Regulations, Section 102-3.65(a), notice is hereby given that the Charter for the NIH Advisory Board for Clinical Research was renewed for an additional two-year period on April 26, 2016.

    It is determined that the NIH Advisory Board for Clinical Research is in the public interest in connection with the performance of duties imposed on the National Institutes of Health by law, and that these duties can best be performed through the advice and counsel of this group.

    Inquiries may be directed to Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy, Office of the Director, National Institutes of Health, 6701 Democracy Boulevard, Suite 1000, Bethesda, Maryland 20892 (Mail code 4875), Telephone (301) 496-2123, or [email protected].

    Dated: April 25, 2016. Anna Snouffer, Deputy Director, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-09979 Filed 4-28-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2016-0308] Merchant Marine Personnel Advisory Committee AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of Federal Advisory Committee Working Group meeting.

    SUMMARY:

    A working group of the Merchant Marine Personnel Advisory Committee will meet to work on Task Statement 30, which asks the committee to evaluate utilizing military education, training, and assessment to satisfy national and STCW 1 credential requirements. The working group will specifically consider the development and application of tonnage equivalencies and horsepower equivalencies for military ships. These meetings will be open to the public.

    1 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended.

    DATES:

    The Merchant Marine Personnel Advisory Committee working group is scheduled to meet daily on May 25, 2016 to May 26, 2016 from 8 a.m. until 5:30 p.m. Please note that these meetings may adjourn early if the working group has completed its business.

    ADDRESSES:

    The meetings will be held at the Coast Guard National Maritime Center, 100 Forbes Drive, Martinsburg, WV 25404-7120, http://www.uscg.mil/nmc/. Entrance to the facility must be made via the front door and government issued identification will be required. Please arrive at least 30 minutes early for processing. For further information about the meeting facilities, please contact Ms. Karen Quigley at 304-433-3403 or via email at [email protected] Please be advised that all attendees are required to notify the Merchant Marine Personnel Advisory Committee Alternate Designated Federal Officer of your attendance no later than May 19, 2016 using the contact information provided in the FOR FURTHER INFORMATION CONTACT section of this notice.

    For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact the Alternate Designated Federal Officer as soon as possible.

    To facilitate public participation, we are inviting public comment on the issues to be considered by the working group as listed in the “Agenda” section below. Written comments for distribution to working group members must be submitted no later than May 19, 2016, if you want the working group members to be able to review your comments before the meeting, and must be identified by docket number USCG-2016-0308. Written comments may be submitted using the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the Alternate Designated Federal Officer for alternate instructions.

    Instructions: All submissions received must include the words “Department of Homeland Security” and the docket number for this action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. 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).

    Docket: For access to the docket to read documents or comments related to this notice, go to http://www.regulations.gov, type USCG-2016-0308 in the Search box, press Enter, and then click on the item you wish to view.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Davis Breyer, Alternate Designated Federal Officer of the Merchant Marine Personnel Advisory Committee, 2703 Martin Luther King Jr. Ave. SE., Stop 7509, Washington, DC 20593-7509, telephone 202-372-1445, fax 202-372-8382, or [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is given under the Federal Advisory Committee Act, Title 5 United States Code Appendix.

    The Merchant Marine Personnel Advisory Committee was established under authority of section 310 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014, Title 46, United States Code, section 8108, and chartered under the provisions of the Federal Advisory Committee Act, (Title 5, United States Code, Appendix). The Committee acts solely in an advisory capacity to the Secretary of the Department of Homeland Security through the Commandant of the Coast Guard on matters relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards and other matters as assigned by the Commandant; shall review and comment on proposed Coast Guard regulations and policies relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards; may be given special assignments by the Secretary and may conduct studies, inquiries, workshops, and fact finding in consultation with individuals and groups in the private sector and with State or local governments; shall advise, consult with, and make recommendations reflecting its independent judgment to the Secretary.

    Agenda Day 1

    The agenda for the May 25, 2016 meeting is as follows:

    (1) The working group will meet briefly to discuss Task Statement 30, Utilizing military education, training and assessment for the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers and U.S. Coast Guard Certifications; the purpose and goals of this intercessional; and the organization of this intercessional/workshop;

    (2) Reports of working sub-groups. At the end of the day, the working sub-groups will report to the full working group on what was accomplished in their meetings. The full working group will not take action on these reports on this date. Any action taken as a result of this working group meeting will be taken on day 2 of the meeting.

    (3) Public comment period.

    (4) Adjournment of meeting.

    Day 2

    The agenda for the May 26, 2016 meeting is as follows:

    (1) The working group will meet briefly to discuss Task Statement 30, Utilizing military education, training and assessment for the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers and U.S. Coast Guard Certifications; the purpose and goals of this intercessional for this date; and any adaptations to the organization of this intercessional;

    (2) Reports of working sub-groups. The working sub-groups will report to the full working group on what was accomplished in their meetings. The full working group will not take action on these reports at this time. Any action taken as a result of this working group meeting will be taken after the public comment period.

    (3) Public comment period.

    (4) Preparation of the meeting report to the Committee.

    (5) Adjournment of meeting.

    A public comment period will be held during each day during the working group meeting concerning matters being discussed. Speakers are requested to limit their comments to 3 minutes. Please note that the public comment periods may end before the prescribed ending times following the last call for comments.

    Please contact Mr. Davis Breyer, listed in the FOR FURTHER INFORMATION CONTACT section, to register as a speaker. Please note that the meeting may adjourn early if the work is completed before 5:30 p.m.

    Dated: April 25, 2016. J.G. Lantz, Director of Commercial Regulations and Standards, United States Coast Guard.
    [FR Doc. 2016-09972 Filed 4-28-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5907-N-18] Federal Property Suitable as Facilities To Assist the Homeless AGENCY:

    Office of the Assistant Secretary for Community Planning and Development, HUD.

    ACTION:

    Notice.

    SUMMARY:

    This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.

    FOR FURTHER INFORMATION CONTACT:

    Juanita Perry, Department of Housing and Urban Development, 451 Seventh Street SW., Room 7262, Washington, DC 20410; telephone (202) 402-3970; TTY number for the hearing- and speech-impaired (202) 708-2565 (these telephone numbers are not toll-free), or call the toll-free Title V information line at 800-927-7588.

    SUPPLEMENTARY INFORMATION:

    In accordance with the December 12, 1988 court order in National Coalition for the Homeless v. Veterans Administration, No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today's Notice is for the purpose of announcing that no additional properties have been determined suitable or unsuitable this week.

    Dated: April 21, 2016. Brian P. Fitzmaurice, Director, Division of Community Assistance, Office of Special Needs Assistance Programs.
    [FR Doc. 2016-09757 Filed 4-28-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R6-MB-2016-N014; FF06M00000-XXX-FRMB48720660090] Availability of Draft Environmental Impact Statement for Eagle Take Permits for the Chokecherry and Sierra Madre Phase I Wind Energy Project AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of availability; request for public comments; announcement of public meetings.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service (Service or USFWS), have prepared a draft Environmental Impact Statement (EIS) under the National Environmental Policy Act of 1969, as amended (NEPA), in response to an application from Power Company of Wyoming (PCW) for eagle take permits (ETPs) pursuant to the Bald and Golden Eagle Protection Act (BGEPA) and its implementing regulations. PCW has applied for standard and programmatic ETPs for the Chokecherry and Sierra Madre (CCSM) Phase I Wind Energy Project in Carbon County, Wyoming. We announce a public comment period on the draft EIS. We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party.

    DATES:

    Submission of comments: This notice initiates the public comment period. To ensure consideration, we must receive your electronic or written comments by June 27, 2016.

    Public meetings: We will host public meetings on June 6 and June 7, 2016, where you may discuss issues with Service staff and submit written comments. The meeting on June 6, 2016, will be held in Saratoga, Wyoming, between 4:30 and 6:30 p.m. The meeting on June 7, 2016, will be held in Rawlins, Wyoming, between 4:30 and 6:30 p.m. Additional meeting details will be announced through the Service's Web site at http://www.fws.gov/mountain-prairie/wind/ChokecherrySierraMadre/index.html, as well as via press releases, local newspapers, radio announcements, and other media, at least 10 days prior to the event.

    If you require reasonable accommodations to attend the meeting, contact the person listed under FOR FURTHER INFORMATION CONTACT at least one week prior to the meeting.

    ADDRESSES:

    Submission of comments: You may submit comments in writing by one of the following methods. At the top of your letter or in the subject line of your message, please indicate that the comments are for “Draft EIS for Phase I Chokecherry-Sierra Madre Wind Energy Project Comments.”

    Email: Comments should be sent to: [email protected].

    U.S. Mail: Written comments should be mailed to Chokecherry-Sierra Madre EIS, U.S. Fish and Wildlife Service Mountain-Prairie Region, Attention: Louise Galiher, P.O. Box 25486 DFC, Denver, CO 80225.

    Hand-Delivery/Courier: Chokecherry-Sierra Madre EIS, U.S. Fish and Wildlife Service Mountain-Prairie Region, Attention: Louise Galiher, 134 Union Blvd., Lakewood, CO 80228.

    For information on how to view comments on the EIS from the Environmental Protection Agency (EPA), or for information on EPA's role in the EIS process, see EPA's Role in the EIS Process under SUPPLEMENTARY INFORMATION.

    Public meetings: The meeting on June 6, 2016, will be held at the Platte Valley Community Center, 210 West Elm Street, Saratoga, Wyoming. The meeting on June 7, 2016, will be held at the Jeffrey Center, 315 West Pine Street, Rawlins, Wyoming.

    FOR FURTHER INFORMATION CONTACT:

    Louise Galiher, 303-236-8677 (phone); [email protected] (email); or Clint Riley, 303-236-5231 (phone); [email protected] (email). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individuals during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individuals. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION: Availability of Documents

    Copies of the draft EIS, as well as the permit application and the supporting Eagle Conservation Plan (ECP), are available for review at the Carbon County Library System at 215 West Buffalo Street, Rawlins, Wyoming; the Saratoga Public Library at 503 West Elm Street, Saratoga, Wyoming; USFWS Wyoming Ecological Services Office at 5353 Yellowstone Rd, Suite 308A, Cheyenne, Wyoming (contact Nathan Darnall to coordinate access at [email protected] or 307-772-2374 ext 246); and USFWS Region 6 Office at 134 South Union Boulevard, Lakewood, Colorado (contact Louise Galiher to coordinate access at [email protected] or 303-236-8677). Individuals wishing to obtain copies of the draft EIS, permit application, and ECP should contact the Service by telephone (see FOR FURTHER INFORMATION CONTACT) or letter (see ADDRESSES). These documents are also available on the Service's Web site at: http://www.fws.gov/mountain-prairie/wind/ChokecherrySierraMadre/index.html.

    Public Coordination

    The notice of intent to prepare an EIS for this project was published in the Federal Register on December 4, 2013 (78 FR 72926). Two public scoping meetings for the USFWS EIS were held on December 16 and 17, 2013, in conjunction with the Bureau of Land Management's (BLM's) scoping meetings for an Environmental Assessment (EA) of the Phase I CCSM Project.

    In addition to this notice of availability of the draft EIS that the Service is publishing, EPA is publishing a notice announcing the draft EIS, as required under section 309 of the Clean Air Act (42 U.S.C. 7401 et seq.). The publication of EPA's notice is the official start of the minimum requirement for a 45-day public comment period for an EIS (see EPA's Role in the EIS Process).

    Background Information

    A. Migratory Birds and Eagle Protections. Raptors and most other birds in the United States are protected by the Migratory Bird Treaty Act (16 U.S.C. 703-711). The President's Executive Order 13186 directs agencies to consider migratory birds in environmental planning by avoiding or minimizing to the extent practicable adverse impacts on migratory bird resources when conducting agency actions, and by ensuring environmental analyses of Federal actions as required by NEPA or other established environmental review processes.

    Bald eagles and golden eagles are provided further protection under BGEPA, which prohibits anyone, without a permit issued by the Secretary of the Interior, from “taking” eagles, including their parts, nests, or eggs. An ETP authorizes the take of live eagles and their eggs where the take is associated with, but not the purpose of, a human activity or project that is otherwise a lawful activity. Regulations governing permits for bald and golden eagles can be found in the Code of Federal Regulations at 50 CFR 22.26.

    ETPs authorize the take of eagles where the take is compatible with the preservation of eagles; where it is necessary to protect an interest in a particular locality; where it is associated with, but not the purpose of, an otherwise lawful activity; and where take is unavoidable even though advanced conservation practices are being implemented. The Service will issue permits for such take only after an applicant has committed to undertake all practicable measures to avoid and minimize such take and mitigate anticipated take to the maximum extent achievable to be compatible with the preservation of eagles. Standard ETPs authorize eagle take in an identifiable timeframe and location. Programmatic ETPs authorize eagle take that is recurring and not within a specific, identifiable timeframe and/or location. Programmatic ETPs may be issued for a period of up to 5 years.

    B. Power Company of Wyoming Application. As proposed by PCW, the Phase I CCSM Project will consist of approximately 500 wind turbines, a haul road, a quarry to supply materials for road construction, access roads, a rail distribution facility, underground and overhead electrical and communication lines, laydown areas, operation and maintenance facilities, and other supporting infrastructure needed for Phase I to become fully operational. PCW has applied for a standard ETP for disturbance related to construction of CCSM Phase I wind turbines and infrastructure components, and a programmatic ETP for operation of the CCSM Phase I Project.

    The applicant has prepared an ECP identifying measures it intends to undertake to avoid, minimize, and compensate for potential impacts to bald and golden eagles. To help meet requirements of the Migratory Bird Treaty Act, the applicant has also prepared an avian protection plan containing measures the applicant proposes to implement to avoid or minimize impacts of the Project on other migratory birds. The Service has considered the information presented in the ECP and avian protection plans in our analysis of environmental impacts in the draft EIS.

    C. BLM's NEPA Review. The CCSM Phase I Project would be situated in an area of alternating sections of private, State, and Federal lands administered by BLM. In 2012, BLM completed a final EIS (FEIS) to evaluate whether the Project area would be acceptable for development of a wind facility in a manner compatible with applicable Federal laws. On October 9, 2012, BLM published a Record of Decision (ROD) determining that the portions of the area for which PCW seeks right-of-way grants “are suitable for wind energy development and associated facilities.” As explained in the ROD, BLM's decision does not authorize development of the wind energy project; rather, it allows BLM to accept and evaluate future right-of-way applications subject to the requirements of all future wind energy development described therein (ROD at 6-1).

    PCW has since submitted to BLM site-specific plans of development from which BLM is developing site-specific tiered EAs. In 2014, BLM published a final EA 1, which analyzes major components of project infrastructure, including the haul road, rail facility, and rock quarry. EA 2 is currently under development by BLM, and analyzes the wind turbines and pads, access roads, laydown areas, electrical and communication lines, and a construction camp.

    The Service has incorporated by reference information from the BLM FEIS, ROD, EA1, and EA2 into our environmental analysis in the draft EIS in order to avoid redundancy and unnecessary paperwork. Council for Environmental Quality (CEQ) regulations authorize incorporation by reference (40 CFR 1502.21, CEQ 40 Most Asked Questions #30; see also 43 CFR 46.135).

    Alternatives

    In the draft EIS, the Service identified and analyzed the Proposed Action Alternative, the Proposed Action with Different Mitigation, an alternative to Issue ETPs for Phase I of Sierra Madre Wind Development Area Only, and the No Action Alternative.

    Alternative 1: Proposed Action. Alternative 1 is for the Service to issue ETPs for the construction of the Phase I wind turbines and infrastructure components and for the operation of the Phase I CCSM Project, based on the ETP applications submitted by PCW. The Proposed Action includes avoidance and minimization measures, best management practices, and compensatory mitigation described in detail in the draft EIS and in PCW's application and ECP. PCW has proposed to retrofit high-risk power poles as compensatory mitigation, thereby reducing eagle mortality from electrocution.

    Alternative 2: Proposed Action with Different Mitigation. Under Alternative 2, the Service would issue ETPs for the construction and operation of the Phase I CCSM Project as under Alternative 1, but would require PCW to implement a different form of compensatory mitigation than proposed in its ETP applications. We are considering mitigation of older wind facilities, lead abatement, carcass removal, carcass avoidance, wind conservation easements, habitat enhancement (focusing on prey habitat), and rehabilitation of injured eagles as possible alternative forms of compensatory mitigation.

    Alternative 3: Issue ETPs for Phase I of Sierra Madre Wind Development Area Only. The Service received numerous comments during the scoping process requesting that we examine a different development scenario from that proposed by PCW. However, to issue an ETP, we must analyze a specific project and ECP to determine if it meets the requirements for an ETP. Alternative 3 represents an example of a different development scenario PCW could present in a new application if the Service were to determine that the Phase I CCSM Project would meet all the criteria for issuing an ETP, but not at the scale proposed. Alternative 3 is for the Service to issue ETPs for the construction of Phase I infrastructure and the construction and operation of wind turbines only in the Sierra Madre Wind Development Area (WDA) (298 turbines total). The alternative includes avoidance and minimization measures, best management practices, and compensatory mitigation described in PCW's application as they apply to the Sierra Madre WDA.

    Alternative 4: No Action. Under Alternative 4, the Service would deny PCW standard and programmatic ETPs for construction and operation of the Phase I CCSM Project. In addition to being a potential outcome of the permit review process, analysis of the No Action alternative is required by CEQ regulation (40 CFR 1502.14) and provides a baseline against which to compare the environmental impacts of the Proposed Action and other reasonable alternatives. ETPs are not required in order for PCW to construct and operate the project; therefore, if we deny the ETPs, PCW may choose to construct and operate the Phase I CCSM Project without ETPs and without adhering to an ECP. Alternative 4 analyzes both a “No Build” scenario and a “Build Without ETPs” scenario.

    National Environmental Policy Act Compliance

    Our decision whether to issue standard and programmatic ETPs to PCW triggers compliance with NEPA, which requires the Service to analyze the direct, indirect, and cumulative impacts of the CCSM Phase I project before we make our decision, and to make our analysis available to the public. We have prepared the draft EIS to inform the public of our proposed permit action, alternatives to that action, the environmental impacts of the alternatives, and measures to minimize adverse environmental effects.

    EPA's Role in the EIS Process

    The EPA is charged under section 309 of the Clean Air Act to review all Federal agencies' EISs and to comment on the adequacy and the acceptability of the environmental impacts of proposed actions in the EISs.

    EPA also serves as the repository (EIS database) for EISs prepared by Federal agencies and provides notice of their availability in the Federal Register. The EIS database provides information about EISs prepared by Federal agencies, as well as EPA's comments concerning the EISs. All EISs are filed with EPA, which publishes a notice of availability on Fridays in the Federal Register.

    For more information, see http://www.epa.gov/compliance/nepa/eisdata.html. You may search for EPA comments on EISs, along with EISs themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

    Public Comment Procedures

    In accordance with CEQ's regulations for implementing NEPA and DOI's NEPA regulations, the Service requests public comments on the draft EIS. Timely comments will be considered by the Service in preparing the final EIS.

    Written comments, including email comments, should be sent to the Service at one of the addresses given in the ADDRESSES section of this notice. Comments should be specific and pertain only to issues relating to the proposals. The Service will include all comments in the administrative record.

    If you would like to be placed on the mailing list to receive future information, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    Public Availability of Submissions

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Comments and materials received will be available for public inspection, by appointment, during normal business hours at the office where the comments are being submitted.

    Authorities

    This notice is published in accordance with the National Environmental Policy Act of 1969; the CEQ's regulations for implementing NEPA, 40 CFR parts 1500 through 1508; and the Department of the Interior's NEPA regulations, 43 CFR part 45.

    Matt Hogan, Regional Director, Mountain-Prairie Region.
    [FR Doc. 2016-09783 Filed 4-28-16; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Geological Survey [GX16EF00PMEXP00] Agency Information Collection Activities: Request for Comments AGENCY:

    U.S. Geological Survey (USGS), Interior.

    ACTION:

    Notice of a renewal of a currently approved information collection (1028-0092).

    SUMMARY:

    We (the U.S. Geological Survey) will respectfully request the Office of Management and Budget (OMB) renew the information collection (IC) and/or data detailed below. To comply with the Paperwork Reduction Act of 1995 (PRA) and as part of our continuing efforts to reduce paperwork and perspective recipient burden, we invite the general public and other Federal agencies to take this opportunity to comment on the IC. This collection is scheduled to expire on 9/30/2016.

    DATES:

    To ensure that your comments are considered, we must receive them on or before June 28, 2016.

    ADDRESSES:

    You may submit comments on this information collection to the Information Collection Clearance Officer, U.S. Geological Survey, 12201 Sunrise Valley Drive MS 807, Reston, VA 20192 (mail); (703) 648-7197 (fax); or [email protected] (email). Please reference `Information Collection 1028-0092, The National Map: Topographic Data Grants Program' in all correspondence.

    FOR FURTHER INFORMATION CONTACT:

    Anthony Martin, National Geospatial Program, U.S. Geological Survey, 12201 Sunrise Valley Drive, Mail Stop 511, Reston, VA 20192 (mail); 703-648-4542 (phone); or [email protected] (email). You may also find information about this ICR at www.reginfo.gov.

    SUPPLEMENTARY INFORMATION: I. Abstract

    The National Geospatial Program (NGP) of the U.S. Geological Survey (USGS) contributes funding for the collection of geospatial data which increases the development of The National Map and other national geospatial databases. NGP will accept applications from State, local or tribal governments to offset present data collection programs in order to meet the growing and present need for current and accurate geospatial data. To submit a proposal a completed project narrative and application must be submitted via Grants.gov. Recipients who are selected for grants must supply a final technical report at the end of the project period. All application instructions and forms are available on the Internet through Grants.gov (http://www.grants.gov). Hard/paper submissions will not be accepted under any circumstances. All reports will be accepted electronically via email.

    II. Data

    OMB Control Number: 1028-0092.

    Form Number: N/A.

    Title: The National Map: Topographic Data Grants Program.

    Type of Request: Renewal of existing information collection.

    Affected Public: State, Local, Tribal Government.

    Respondent's Obligation: Required to obtain or retain benefits.

    Frequency of Collection: Annually.

    Estimated Total Number of Annual Responses: 40 applications and 20 final reports.

    Estimated Time per Response: The U.S. Geological Survey (USGS) foresees 60 hours of time will be needed to complete the necessary submissions which will include the narrative and supporting documentation. We believe that reading the requirements as well as development, proposal writing, reviewing and submission of the proposal application via Grants.gov will require 47 hours. Quarterly and final project reports must be submitted by the award recipient. The prior quarter's progress must be submitted within the report 7 days following the start of the new quarter. The quarterly report will take at least 1 hour to prepare. The final report must be submitted within 90 calendar days of the end of the project period. USGS estimates that approximately 10 hours will be needed to complete the final report.

    Estimated Annual Burden Hours: 2,140 Hours per response.

    Estimated Reporting and Recordkeeping “Non-Hour Cost” Burden: There are no “non-hour cost” burdens related to the collection of this data.

    Public Disclosure Statement: The PRA (44 U.S.C. 3501, et seq.) provides that an agency may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number and current expiration date.

    III. Request for Comments

    We are soliciting comments as to: (a) Whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, usefulness, and clarity of the information to be collected; and (d) how to minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology.

    Please note that the comments submitted in response to this notice are a matter of public record. Before including your personal mailing address, phone number, email address, or other personally identifiable information in your comment, you should be aware that your entire comment, including your personally identifiable information, may be made publicly available at any time. While you can ask us in your comment to withhold your personally identifiable information from public view, we cannot guarantee that we will be able to do so.

    Julia Fields, Deputy Director, National Geospatial Program.
    [FR Doc. 2016-10041 Filed 4-28-16; 8:45 am] BILLING CODE 4338-11-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [16X/A11220000.224100/AAK4004800/AX.480ADM100000] Rate Adjustments for Indian Irrigation Projects AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of rate adjustments.

    SUMMARY:

    The Bureau of Indian Affairs (BIA) owns, or has an interest in, irrigation projects located on or associated with various Indian reservations throughout the United States. We are required to establish irrigation assessment rates to recover the costs to administer, operate, maintain, and rehabilitate these projects. We are notifying you that we have adjusted the irrigation assessment rates at several of our irrigation projects and facilities to reflect current costs of administration, operation, maintenance, and rehabilitation.

    DATES:

    The irrigation assessment rates are current as of January 1, 2015.

    FOR FURTHER INFORMATION CONTACT:

    For details about a particular BIA irrigation project or facility, please use the tables in the SUPPLEMENTARY INFORMATION section to contact the regional or local office where the project or facility is located.

    SUPPLEMENTARY INFORMATION:

    A Notice of Proposed Rate Adjustment was published in the Federal Register on June 11, 2015 (80 FR 33279) to propose adjustments to the irrigation assessment rates at several BIA irrigation projects. The public and interested parties were provided an opportunity to submit written comments during the 60-day period that ended August 10, 2015.

    Did BIA defer or change any proposed rate increases?

    Yes. Rate increases were deferred on the Crow Irrigation Project—Two Leggins Unit and the Wind River Irrigation Project—Riverton Valley Irrigation District.

    Did BIA receive any comments on the proposed irrigation assessment rate adjustments?

    Yes. The BIA received sixteen (16) letters with comments. All comments received were associated with the Flathead Indian Irrigation Project's (FIIP) proposed rate adjustment for Calendar Year (CY) 2016.

    What issues were of concern to the commenters?

    Comments received relate specifically to the proposed rate increase for CY 2016 and other activities associated only with the FIIP.

    The BIA's summary of commenters' issues and BIA's response are provided below.

    Comment: Three commenters requested the rate increase be postponed until:

    —Two court cases (one case in State court challenging an alleged illegal vote of the state legislature and one case in Federal court concerning the re-assumption of operations and maintenance of the FIIP by the Bureau of Indian Affairs) are resolved. —The Confederated and Salish and Kootenai Tribes (CSKT) Water Compact is ratified by Congress. —Western Montana is no longer in a federally designated “Severe Drought” condition.

    Response: The final rate for the FIIP in 2016 will remain the same as 2015.

    Comment: How can the request for increased rates be warranted when those alleging the need are not fully qualified to do so?

    Response: The final rate for the FIIP in 2016 will remain the same as 2015.

    Comment: The BIA Solicitor's Office spent large amounts of Cooperative Management Entity (CME) O&M funds traveling back and forth from Portland, OR and Washington, DC to Montana, conducting private meetings while the project manager was spending a large amount of O&M funds on unjustifiable purchases of heavy equipment.

    Response: The CME O&M funds were never spent for Office of the Solicitor travel expenses or conducting meetings. Travel costs associated with non-FIIP employees are not included in the FIIP's 2016 budget and are not part of the 2016 rate assessment or any potential future O&M rate increases.

    Comment: The recent request for an extra $7 per acre for this year (nearly a 30 percent increase) was accompanied by no supporting data explaining and justifying the increase.

    Response: The final rate for the FIIP in 2016 will remain the same as 2015.

    Does this notice affect me?

    This notice affects you if you own or lease land within the assessable acreage of one of our irrigation projects or if you have a carriage agreement with one of our irrigation projects.

    Where can I get information on the regulatory and legal citations in this notice?

    You can contact the appropriate office(s) stated in the tables for the irrigation project that serves you, or you can use the Internet site for the Government Printing Office at www.thefederalregister.org.

    What authorizes you to issue this notice?

    Our authority to issue this notice is vested in the Secretary of the Interior by (Secretary) 5 U.S.C. 301 and the Act of August 14, 1914 (38 Stat. 583; 25 U.S.C. 385). The Secretary has in turn delegated this authority to the Assistant Secretary—Indian Affairs under Part 209, Chapter 8.1A, of the Department of the Interior's Departmental Manual.

    Whom can I contact for further information?

    The following tables are the regional and project/agency contacts for our irrigation facilities.

    Project name Project/Agency contacts Northwest Region Contacts Stanley Speaks, Regional Director, Bureau of Indian Affairs, Northwest Regional Office, 911 NE. 11th Avenue, Portland, OR 97232-4169, Telephone: (503) 231-6702. Flathead Indian Irrigation Project Ernest Moran, Superintendent, Pete Plant, Irrigation Project Manager, P.O. Box 40, Pablo, MT 59855, Telephones: (406) 675-2700 ext. 1300 Superintendent, (406) 745-2661 ext. 2 Project Manager. Fort Hall Irrigation Project David Bollinger, Irrigation Project Manager, Building #2 Bannock Ave., Fort Hall, ID 83203-0220, Telephone: (208) 238-6264. Wapato Irrigation Project David Shaw, Superintendent, Larry Nelson, Acting Project Administrator, P.O. Box 220, Wapato, WA 98951-0220, Telephones: (509) 865-2421, Superintendent, (509) 877-3155 Acting Project Administrator. Rocky Mountain Region Contacts Darryl LaCounte, Regional Director, Bureau of Indian Affairs, Rocky Mountain Regional Office, 316 North 26th Street, Billings, MT 59101, Telephone: (406) 247-7943. Blackfeet Irrigation Project Thedis Crowe, Superintendent, Greg Tatsey, Irrigation Project Manager, Box 880, Browning, MT 59417, Telephones: (406) 338-7544, Superintendent, (406) 338-7519, Irrigation Project Manager. Crow Irrigation Project Vianna Stewart, Superintendent, Karl Helvik, Acting Irrigation Project Manager, P.O. Box 69, Crow Agency, MT 59022, Telephones: (406) 638-2672, Superintendent, (406) 247-7469, Acting Irrigation Project Manager. Fort Belknap Irrigation Project John St. Pierre, Superintendent, Vacant, Irrigation Project Manager, (Project operation & maintenance contracted to Tribes), R.R.1, Box 980, Harlem, MT 59526, Telephones: (406) 353-2901, Superintendent, (406) 353-8454, Irrigation Project Manager (Tribal Office). Fort Peck Irrigation Project Howard Beemer, Superintendent, Huber Wright, Acting Irrigation Project Manager, P.O. Box 637, Poplar, MT 59255, Telephones: (406) 768-5312, Superintendent, (406) 653-1752, Irrigation Project Manager. Wind River Irrigation Project Norma Gourneau, Superintendent, Karl Helvik, Acting Irrigation Project Manager, P.O. Box 158, Fort Washakie, WY 82514, Telephones: (307) 332-7810, Superintendent, (307) 247-7469, Acting Irrigation Project Manager. Southwest Region Contacts William T. Walker, Regional Director, Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School Road, Albuquerque, NM 87104, Telephone: (505) 563-3100. Pine River Irrigation Project Priscilla Bancroft, Superintendent, Vickie Begay, Irrigation Project Manager, P.O. Box 315, Ignacio, CO 81137-0315, Telephones: (970) 563-4511, Superintendent, (970) 563-9484, Irrigation Project Manager. Western Region Contacts Bryan Bowker, Regional Director, Bureau of Indian Affairs, Western Regional Office, 2600 N. Central Ave., 4th Floor Mailroom, Phoenix, AZ 85004, Telephone: (602) 379-6600. Colorado River Irrigation Project Kellie Youngbear Superintendent, Gary Colvin, Irrigation Project Manager, 12124 1st Avenue, Parker, AZ 85344, Telephone: (928) 669-7111. Duck Valley Irrigation Project Joseph McDade, Superintendent, (Project operation & management compacted to Tribes), 2719 Argent Ave., Suite 4, Gateway Plaza, Elko, NV 89801, Telephone: (775) 738-5165, (208) 759-3100, (Tribal Office). Yuma Project, Indian Unit Irene Herder, Superintendent, 256 South Second Avenue, Suite D, Yuma, AZ 85364, Telephone: (928) 782-1202. San Carlos Irrigation Project Indian Works and Joint Works Ferris Begay, Project Manager, Clarence Begay, Irrigation Manager, 13805 N. Arizona Boulevard, Coolidge, AZ 85128, Telephone: (520) 723-6225. Uintah Irrigation Project Bart Stevens Superintendent, Ken Asay, Irrigation System Manager, P.O. Box 130, Fort Duchesne, UT 84026, Telephone: (435) 722-4300, (435) 722-4344. Walker River Irrigation Project Robert Eben, Superintendent, 311 E. Washington Street, Carson City, NV 89701, Telephone: (775) 887-3500. What irrigation assessments or charges are adjusted by this notice?

    The rate table below contains the current rates for all irrigation projects where we recover costs of administering, operating, maintaining, and rehabilitating them. The table also contains the final rates for the CY 2015 and subsequent years where applicable. An asterisk immediately following the rate category notes the irrigation projects where 2015 rates are different from the 2014 rates.

    EN29AP16.026 EN29AP16.027 EN29AP16.028 EN29AP16.029 Consultation and Coordination With Tribal Governments (Executive Order 13175)

    To fulfill its consultation responsibility to tribes and tribal organizations, BIA communicates, coordinates, and consults on a continuing basis with these entities on issues of water delivery, water availability, and costs of administration, operation, maintenance, and rehabilitation of projects that concern them. This is accomplished at the individual irrigation project by pProject, aAgency, and rRegional representatives, as appropriate, in accordance with local protocol and procedures. This notice is one component of our overall coordination and consultation process to provide notice to, and request comments from, these entities when we adjust irrigation assessment rates.

    Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (Executive Order 13211)

    The rate adjustments will have no adverse effects on energy supply, distribution, or use (including a shortfall in supply, price increases, and increase use of foreign supplies) should the rate adjustments be implemented. This is a notice for rate adjustments at BIA-owned and operated irrigation projects, except for the Fort Yuma Irrigation Project. The Fort Yuma Irrigation Project is owned and operated by the Bureau of Reclamation with a portion serving the Fort Yuma Indian Reservation.

    Regulatory Planning and Review (Executive Order 12866)

    These rate adjustments are not a significant regulatory action and do not need to be reviewed by the Office of Management and Budget under Executive Order 12866.

    Regulatory Flexibility Act

    These rate adjustments are not a rule for the purposes of the Regulatory Flexibility Act because they establish “a rule of particular applicability relating to rates.” 5 U.S.C. 601(2).

    Unfunded Mandates Reform Act of 1995

    These rate adjustments do not impose an unfunded mandate on State, local, or tribal governments in the aggregate, or on the private sector, of more than $130 million per year. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. Therefore, the Department is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.).

    Takings (Executive Order 12630)

    The Department has determined that these rate adjustments do not have significant “takings” implications. The rate adjustments do not deprive the public, state, or local governments of rights or property.

    Federalism (Executive Order 13132)

    The Department has determined that these rate adjustments do not have significant Federalism effects because they will not affect the States, the relationship between the national government and the States, or the distribution of power and responsibilities among various levels of government.

    Civil Justice Reform (Executive Order 12988)

    In issuing this rule, the Department has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct, as required by section 3 of Executive Order 12988.

    Paperwork Reduction Act of 1995

    These rate adjustments do not affect the collections of information which have been approved by the Office of Information and Regulatory Affairs, Office of Management and Budget, under the Paperwork Reduction Act of 1995. The OMB Control Number is 1076-0141 and expires March 31, 2016.

    National Environmental Policy Act

    The Department has determined that these rate adjustments do not constitute a major Federal action significantly affecting the quality of the human environment and that no detailed statement is required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370(d)).

    Data Quality Act

    In developing this notice, we did not conduct or use a study, experiment, or survey requiring peer review under the Data Quality Act (Pub. L. 106-554).

    Dated: April 20, 2016. Lawrence S. Roberts, Acting Assistant Secretary—Indian Affairs.
    [FR Doc. 2016-10045 Filed 4-28-16; 8:45 am] BILLING CODE 4310-W7-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [167 A2100DD/AAKC001030/A0A501010.999900] Renewal of Agency Information Collection for Acquisition of Trust Land AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of request for comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Bureau of Indian Affairs (BIA) is seeking comments on the renewal of Office of Management and Budget (OMB) approval for the collection of information for Acquisition of Trust Land authorized by OMB Control Number 1076-0100. This information collection expires August 31, 2016.

    DATES:

    Submit comments on or before June 28, 2016.

    ADDRESSES:

    You may submit comments on the information collection to Ms. Sharlene M. Round Face, Bureau of Indian Affairs, Division of Real Estate Services, MS-4639-MIB, 1849 C Street, NW., Washington, DC 20240; fax: (202) 219-1065; email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Ms. Sharlene M. Round Face, (202) 208-3615.

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    The BIA is seeking renewal of the approval for the information collection conducted under 25 CFR part 151, Land Acquisitions, for the United States to take land into trust for individual Indians and Indian Tribes. This information collection allows the BIA to review applications for compliance with regulatory and statutory requirements. No specific form is used. No third party notification or public disclosure burden is associated with this collection.

    II. Request for Comments

    The BIA requests your comments on this collection concerning: (a) The necessity of this information collection for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) The accuracy of the agency's estimate of the burden (hours and cost) of the collection of information, including the validity of the methodology and assumptions used; (c) Ways we could enhance the quality, utility, and clarity of the information to be collected; and (d) Ways we could minimize the burden of the collection of the information on the respondents.

    Please note that an agency may not conduct or sponsor, and an individual need not respond to, a collection of information unless it has a valid OMB Control Number.

    It is our policy to make all comments available to the public for review at the location listed in the ADDRESSES section. Before including your address, phone number, email address or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    III. Data

    OMB Control Number: 1076-0100.

    Title: Acquisition of Trust Land, 25 CFR 151.

    Brief Description of Collection: Submission of this information allows Bureau of Indian Affairs (BIA) to review applications for the acquisition of land into trust status by the United Stated on behalf of individual Indians and Indian Tribes, pursuant to 25 CFR part 151. The information also allows the Secretary to comply with the National Environmental Policy Act and to determine if title to the subject property is marketable and unencumbered. No specific form is used, but respondents supply information and data in accordance with 25 CFR part 151, so that BIA may make an evaluation and determination on the application.

    Type of Review: Extension without change of currently approved collection.

    Respondents: Individual Indians and Indian Tribes seeking acquisition of land into trust status.

    Number of Respondents: 326.

    Number of Responses: 326.

    Estimated Time per Response: Ranges from 60 to 110 hours.

    Frequency of Response: Once per each tract of land to be acquired.

    Estimated Total Annual Hour Burden: 34,670 hours.

    Obligation to Respond: Response is required to obtain a benefit.

    Estimated Total Hourly Cost Burden: $1,503,716.

    Estimated Total Non-Hour Cost Burden: $0.

    Elizabeth K. Appel, Director, Office of Regulatory Affairs and Collaborative Action—Indian Affairs.
    [FR Doc. 2016-10004 Filed 4-28-16; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Office of the Secretary [167A2100DD/AAKC001030/A0A501010.999900] List of Programs Eligible for Inclusion in Funding Agreements Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs and Fiscal Year 2016 Programmatic Targets AGENCY:

    Office of the Secretary, Interior.

    ACTION:

    Notice.

    SUMMARY:

    This notice lists programs or portions of programs that are eligible for inclusion in Funding Agreements with self-governance Indian Tribes and lists Fiscal Year 2016 programmatic targets for each of the non-Bureau of Indian Affairs (BIA) bureaus in the Department of the Interior, pursuant to the Tribal Self-Governance Act.

    DATES:

    These programs are eligible for inclusion in Funding Agreements until September 30, 2016.

    ADDRESSES:

    Inquiries or comments regarding this notice may be directed to Ms. Sharee M. Freeman, Director, Office of Self-Governance (MS 355H-SIB), 1849 C Street NW., Washington, DC 20240-0001, telephone: (202) 219-0240, fax: (202) 219-1404, or to the bureau-specific points of contact listed below.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Kenneth D. Reinfeld, Office of Self-Governance, telephone: (703) 390-6551 or (202) 821-7107.

    SUPPLEMENTARY INFORMATION: I. Background

    Title II of the Indian Self-Determination Act Amendments of 1994 (Pub. L. 103-413, the “Tribal Self-Governance Act” or the “Act”) instituted a permanent self-governance program at the Department of the Interior. Under the self-governance program, certain programs, services, functions, and activities, or portions thereof, in Interior bureaus other than BIA are eligible to be planned, conducted, consolidated, and administered by a self-governance Tribe.

    Under section 405(c) of the Tribal Self-Governance Act, the Secretary of the Interior is required to publish annually: (1) A list of non-BIA programs, services, functions, and activities, or portions thereof, that are eligible for inclusion in agreements negotiated under the self-governance program and (2) programmatic targets for these bureaus.

    Under the Tribal Self-Governance Act, two categories of non-BIA programs are eligible for self-governance funding agreements:

    (1) Under section 403(b)(2) of the Act, any non-BIA program, service, function, or activity that is administered by Interior that is “otherwise available to Indian tribes or Indians,” can be administered by a Tribe through a self-governance funding agreement. The Department interprets this provision to authorize the inclusion of programs eligible for self-determination contracts under Title I of the Indian Self-Determination and Education Assistance Act (Pub. L. 93-638, as amended). Section 403(b)(2) also specifies, “nothing in this subsection may be construed to provide any tribe with a preference with respect to the opportunity of the tribe to administer programs, services, functions, and activities, or portions thereof, unless such preference is otherwise provided for by law.”

    (2) Under section 403(c) of the Act, the Secretary may include other programs, services, functions, and activities or portions thereof that are of “special geographic, historical, or cultural significance” to a self-governance Tribe.

    Under section 403(k) of the Tribal Self-Governance Act, funding agreements cannot include programs, services, functions, or activities that are inherently Federal or where the statute establishing the existing program does not authorize the type of participation sought by the Tribe. However, a Tribe (or Tribes) need not be identified in the authorizing statutes in order for a program or element to be included in a self-governance funding agreement. While general legal and policy guidance regarding what constitutes an inherently Federal function exists, the non-BIA bureaus will determine whether a specific function is inherently Federal on a case-by-case basis considering the totality of circumstances. In those instances where the Tribe disagrees with the bureau's determination, the Tribe may request reconsideration from the Secretary.

    Subpart G of the self-governance regulations found at 25 CFR part 1000 provides the process and timelines for negotiating self-governance funding agreements with non-BIA bureaus.

    Response to Comments

    Comments on a draft Federal Register Notice were requested in a March 19, 2015 Memorandum sent by the Director, Office of Self-Governance to Tribal Self-Governance Coordinators and at a Tribal consultation session held during the Self-Governance Conference on Tuesday, April 28, 2015.

    The Yurok Tribe requested that its name be added to the National Park Service list in Section II. The change was made.

    Changes Made From 2015 to 2016

    The Fish and Wildlife Service indicated that the Confederated Salish and Kootenai Tribes of the Flathead Reservation currently do not have a self-governance funding agreement with the Fish and Wildlife Service. The change was made to the Fish and Wildlife Service list in Section II.

    The Fish and Wildlife Service requested that its contact information in Section III be corrected. The change was made.

    The National Park Service requested that Maniilaq be dropped and the Yurok Tribe be added to the National Park Service list in Section II. The changes were made.

    The National Park Service requested that Death Valley National Park in California, Devils Postpile National Monument in California, Point Reyes National Seashore in California, Crater Lake National Park in Oregon, Oregon Caves National Monument in Oregon, and Fort Vancouver National Historic Site be added to the National Park Service list in Section III. The changes were made.

    II. Funding Agreements Between Self-Governance Tribes and Non-BIA Bureaus of the Department of the Interior for Fiscal Year 2016 A. Bureau of Land Management (1) Council of Athabascan Tribal Governments B. Bureau of Reclamation (5) Gila River Indian Community Chippewa Cree Tribe of Rocky Boy's Reservation Hoopa Valley Tribe Karuk Tribe of California Yurok Tribe C. Office of Natural Resources Revenue (none) D. National Park Service (2) Grand Portage Band of Lake Superior Chippewa Indians Yurok Tribe E. Fish and Wildlife Service (1) Council of Athabascan Tribal Governments F. U.S. Geological Survey (none) G. Office of the Special Trustee for American Indians (1) Confederated Salish and Kootenai Tribes of the Flathead Reservation III. Eligible Programs of the Department of the Interior Non-BIA Bureaus

    Below is a listing by bureau of the types of non-BIA programs, or portions thereof, that may be eligible for self-governance funding agreements because they are either “otherwise available to Indians” under Title I and not precluded by any other law, or may have “special geographic, historical, or cultural significance” to a participating Tribe. The list represents the most current information on programs potentially available to Tribes under a self-governance funding agreement.

    The Department will also consider for inclusion in funding agreements other programs or activities not listed below, but which, upon request of a self-governance Tribe, the Department determines to be eligible under either sections 403(b)(2) or 403(c) of the Act. Tribes with an interest in such potential agreements are encouraged to begin discussions with the appropriate non-BIA bureau.

    A. Eligible Bureau of Land Management (BLM) Programs

    The BLM carries out some of its activities in the management of public lands through contracts and cooperative agreements. These and other activities, depending upon availability of funds, the need for specific services, and the self-governance Tribe's demonstration of a special geographic, cultural, or historical connection, may also be available for inclusion in self-governance funding agreements. Once a Tribe has made initial contact with the BLM, more specific information will be provided by the respective BLM State office.

    Some elements of the following programs may be eligible for inclusion in a self-governance funding agreement. This listing is not all-inclusive, but is representative of the types of programs that may be eligible for Tribal participation through a funding agreement.

    Tribal Services

    1. Minerals Management. Inspection and enforcement of Indian oil and gas operations: Inspection, enforcement and production verification of Indian coal and sand and gravel operations are already available for contracts under Title I of the Act and, therefore, may be available for inclusion in a funding agreement.

    2. Cadastral Survey. Tribal and allottee cadastral survey services are already available for contracts under Title I of the Act and, therefore, may be available for inclusion in a funding agreement.

    Other Activities

    1. Cultural heritage. Cultural heritage activities, such as research and inventory, may be available in specific States.

    2. Natural Resources Management. Activities such as silvicultural treatments, timber management, cultural resource management, watershed restoration, environmental studies, tree planting, thinning, and similar work, may be available in specific States.

    3. Range Management. Activities, such as revegetation, noxious weed control, fencing, construction and management of range improvements, grazing management experiments, range monitoring, and similar activities, may be available in specific States.

    4. Riparian Management. Activities, such as facilities construction, erosion control, rehabilitation, and other similar activities, may be available in specific States.

    5. Recreation Management. Activities, such as facilities construction and maintenance, interpretive design and construction, and similar activities may be available in specific States.

    6. Wildlife and Fisheries Habitat Management. Activities, such as construction and maintenance, implementation of statutory, regulatory and policy or administrative plan-based species protection, interpretive design and construction, and similar activities may be available in specific States.

    7. Wild Horse Management. Activities, such as wild horse round-ups, adoption and disposition, including operation and maintenance of wild horse facilities, may be available in specific States.

    For questions regarding self-governance, contact Jerry Cordova, Bureau of Land Management (MS L St-204), 1849 C Street NW., Washington, DC 20240, telephone: (202) 912-7245, fax: (202) 452-7701.

    B. Eligible Bureau of Reclamation (Reclamation) Programs

    The mission of Reclamation is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public. To this end, most of Reclamation's activities involve the construction, operation and maintenance, and management of water resources projects and associated facilities, as well as research and development related to its responsibilities. Reclamation water resources projects provide water for agricultural, municipal and industrial water supplies; hydroelectric power generation; flood control, enhancement of fish and wildlife habitats; and outdoor recreation.

    Components of the following water resource projects listed below may be eligible for inclusion in a self-governance annual funding agreement. This list was developed with consideration of the proximity of identified self-governance Tribes to Reclamation projects.

    1. Klamath Project, California and Oregon.

    2. Trinity River Fishery, California.

    3. Central Arizona Project, Arizona.

    4. Rocky Boy's/North Central Montana Regional Water System, Montana.

    5. Indian Water Rights Settlement Projects, as authorized by Congress.

    Upon the request of a self-governance Tribe, Reclamation will also consider for inclusion in funding agreements other programs or activities which Reclamation determines to be eligible under Section 403(b)(2) or 403(c) of the Act.

    For questions regarding self-governance, contact Mr. Kelly Titensor, Policy Analyst, Native American and International Affairs Office, Bureau of Reclamation (96-43000) (MS 7069-MIB); 1849 C Street NW., Washington DC 20240, telephone: (202) 513-0558, fax: (202) 513-0311.

    C. Eligible Office of Natural Resources Revenue (ONRR) Programs

    The Office of Natural Resources Revenue (ONNR) collects, accounts for, and distributes mineral revenues from both Federal and Indian mineral leases.

    The ONRR also evaluates industry compliance with laws, regulations, and lease terms, and offers mineral-owning Tribes opportunities to become involved in its programs that address the intent of Tribal self-governance. These programs are available to self-governance Tribes and are a good preparation for assuming other technical functions. Generally, ONRR program functions are available to Tribes because of the Federal Oil and Gas Royalty Management Act of 1983 (FOGRMA) at 30 U.S.C. 1701. The ONRR promotes Tribal self-governance and self-determination over trust lands and resources through the following program functions that may be available to self-governance Tribes:

    1. Audit of Tribal Royalty Payments. Audit activities for Tribal leases, except for the issuance of orders, final valuation decisions, and other enforcement activities. (For Tribes already participating in ONRR cooperative audits, this program is offered as an option.)

    2. Verification of Tribal Royalty Payments. Financial compliance verification, monitoring activities, and production verification.

    3. Tribal Royalty Reporting, Accounting, and Data Management. Establishment and management of royalty reporting and accounting systems including document processing, production reporting, reference data (lease, payor, agreement) management, billing and general ledger.

    4. Tribal Royalty Valuation. Preliminary analysis and recommendations for valuation, and allowance determinations and approvals.

    5. Royalty Internship Program. An orientation and training program for auditors and accountants from mineral-producing Tribes to acquaint Tribal staff with royalty laws, procedures, and techniques. This program is recommended for Tribes that are considering a self-governance funding agreement, but have not yet acquired mineral revenue expertise via a FOGRMA section 202 cooperative agreement, as this term is defined in FOGRMA and implementing regulations at 30 CFR 228.4.

    For questions regarding self-governance, contact Mr. Paul Tyler, Program Manager, Office of Natural Resources Revenue, Denver Federal Center, 6th & Kipling, Building 67, Room 698, Denver, Colorado 80225-0165, telephone: (303) 231-3413 or fax: (303) 231-3091.

    D. Eligible National Park Service (NPS) Programs

    The NPS administers the National Park System, which is made up of national parks, monuments, historic sites, battlefields, seashores, lake shores and recreation areas. The NPS maintains the park units, protects the natural and cultural resources, and conducts a range of visitor services such as law enforcement, park maintenance, and interpretation of geology, history, and natural and cultural resources.

    Some elements of the following programs may be eligible for inclusion in a self-governance funding agreement. This list below was developed considering the proximity of an identified self-governance Tribe to a national park, monument, preserve, or recreation area and the types of programs that have components that may be suitable for administering through a self-governance funding agreement. This list is not all-inclusive, but is representative of the types of programs which may be eligible for Tribal participation through funding agreements.

    Elements of Programs That May Be Eligible for Inclusion in a Self-Governance Funding Agreement 1. Archaeological Surveys 2. Comprehensive Management Planning 3. Cultural Resource Management Projects 4. Ethnographic Studies 5. Erosion Control 6. Fire Protection 7. Gathering Baseline Subsistence Data—Alaska 8. Hazardous Fuel Reduction 9. Housing Construction and Rehabilitation 10. Interpretation 11. Janitorial Services 12. Maintenance 13. Natural Resource Management Projects 14. Operation of Campgrounds 15. Range Assessment—Alaska 16. Reindeer Grazing—Alaska 17. Road Repair 18. Solid Waste Collection and Disposal 19. Trail Rehabilitation 20. Watershed Restoration and Maintenance 21. Beringia Research 22. Elwha River Restoration 23. Recycling Programs Locations of National Park Service Units With Close Proximity to Self-Governance Tribes 1. Aniakchack National Monument & Preserve—Alaska 2. Bering Land Bridge National Preserve—Alaska 3. Cape Krusenstern National Monument—Alaska 4. Denali National Park & Preserve—Alaska 5. Gates of the Arctic National Park & Preserve—Alaska 6. Glacier Bay National Park and Preserve—Alaska 7. Katmai National Park and Preserve—Alaska 8. Kenai Fjords National Park—Alaska 9. Klondike Gold Rush National Historical Park—Alaska 10. Kobuk Valley National Park—Alaska 11. Lake Clark National Park and Preserve—Alaska 12. Noatak National Preserve—Alaska 13. Sitka National Historical Park—Alaska 14. Wrangell-St. Elias National Park and Preserve—Alaska 15. Yukon-Charley Rivers National Preserve—Alaska 16. Casa Grande Ruins National Monument—Arizona 17. Hohokam Pima National Monument—Arizona 18. Montezuma Castle National Monument—Arizona 19. Organ Pipe Cactus National Monument—Arizona 20. Saguaro National Park—Arizona 21. Tonto National Monument—Arizona 22. Tumacacori National Historical Park—Arizona 23. Tuzigoot National Monument—Arizona 24. Arkansas Post National Memorial—Arkansas 25. Death Valley National Park—California 26. Devils Postpile National Monument—California 27. Joshua Tree National Park—California 28. Lassen Volcanic National Park—California 29. Point Reyes National Seashore—California 30. Redwood National Park—California 31. Whiskeytown National Recreation Area—California 32. Yosemite National Park—California 33. Hagerman Fossil Beds National Monument—Idaho 34. Effigy Mounds National Monument—Iowa 35. Fort Scott National Historic Site—Kansas 36. Tallgrass Prairie National Preserve—Kansas 37. Boston Harbor Islands National Recreation Area—Massachusetts 38. Cape Cod National Seashore—Massachusetts 39. New Bedford Whaling National Historical Park—Massachusetts 40. Isle Royale National Park—Michigan 41. Sleeping Bear Dunes National Lakeshore—Michigan 42. Grand Portage National Monument—Minnesota 43. Voyageurs National Park—Minnesota 44. Bear Paw Battlefield, Nez Perce National Historical Park—Montana 45. Glacier National Park—Montana 46. Great Basin National Park—Nevada 47. Aztec Ruins National Monument—New Mexico 48. Bandelier National Monument—New Mexico 49. Carlsbad Caverns National Park—New Mexico 50. Chaco Culture National Historic Park—New Mexico 51. Pecos National Historic Park—New Mexico 52. White Sands National Monument—New Mexico 53. Fort Stanwix National Monument—New York 54. Great Smoky Mountains National Park—North Carolina/Tennessee 55. Cuyahoga Valley National Park—Ohio 56. Hopewell Culture National Historical Park—Ohio 57. Chickasaw National Recreation Area—Oklahoma 58. Crater Lake National Park—Oregon 59. John Day Fossil Beds National Monument—Oregon 60. Alibates Flint Quarries National Monument—Texas 61. Guadalupe Mountains National Park—Texas 62. Lake Meredith National Recreation Area—Texas 63. Ebey's Landing National Recreation Area—Washington 64. Fort Vancouver National Historic Site—Washington 65. Mount Rainier National Park—Washington 66. Olympic National Park—Washington 67. San Juan Islands National Historic Park—Washington 68. Whitman Mission National Historic Site—Washington

    For questions regarding self-governance, contact Mr. Joe Watkins, Chief, American Indian Liaison Office, National Park Service (Org. 2560, 9th Floor), 1201 Eye Street NW., Washington, DC 20005-5905, telephone: (202) 354-6962, fax: (202) 371-6609, or email: [email protected].

    E. Eligible Fish and Wildlife Service (Service) Programs

    The mission of the Service is to conserve, protect, and enhance fish, wildlife, and their habitats for the continuing benefit of the American people. Primary responsibilities are for migratory birds, endangered species, freshwater and anadromous fisheries, and certain marine mammals. The Service also has a continuing cooperative relationship with a number of Indian Tribes throughout the National Wildlife Refuge System and the Service's fish hatcheries. Any self-governance Tribe may contact a National Wildlife Refuge or National Fish Hatchery directly concerning participation in Service programs under the Tribal Self-Governance Act. This list is not all-inclusive, but is representative of the types of Service programs that may be eligible for Tribal participation through an annual funding agreement.

    1. Subsistence Programs within the State of Alaska. Evaluate and analyze data for annual subsistence regulatory cycles and other data trends related to subsistence harvest needs and facilitate Tribal Consultation to ensure ANILCA Title VII terms are being met, as well as activities fulfilling the terms of Title VIII of ANILCA.

    2. Technical Assistance, Restoration and Conservation. Conduct planning and implementation of population surveys, habitat surveys, restoration of sport fish, capture of depredating migratory birds, and habitat restoration activities.

    3. Endangered Species Programs. Conduct activities associated with the conservation and recovery of threatened or endangered species protected under the Endangered Species Act (ESA) or candidate species under the ESA. These activities may include, but are not limited to, cooperative conservation programs, development of recovery plans and implementation of recovery actions for threatened and endangered species, and implementation of status surveys for high priority candidate species.

    4. Education Programs. Provide services in interpretation, outdoor classroom instruction, visitor center operations, and volunteer coordination both on and off national Wildlife Refuge lands in a variety of communities, and assist with environmental education and outreach efforts in local villages.

    5. Environmental Contaminants Program. Conduct activities associated with identifying and removing toxic chemicals, to help prevent harm to fish, wildlife and their habitats. The activities required for environmental contaminant management may include, but are not limited to, analysis of pollution data, removal of underground storage tanks, specific cleanup activities, and field data gathering efforts.

    6. Wetland and Habitat Conservation Restoration. Provide services for construction, planning, and habitat monitoring and activities associated with conservation and restoration of wetland habitat.

    7. Fish Hatchery Operations. Conduct activities to recover aquatic species listed under the Endangered Species Act, restore native aquatic populations, and provide fish to benefit National Wildlife Refuges and Tribes that may be eligible for a self-governance funding agreement. Such activities may include, but are not limited to: Tagging, rearing and feeding of fish, disease treatment, and clerical or facility maintenance at a fish hatchery.

    8. National Wildlife Refuge Operations and Maintenance. Conduct activities to assist the National Wildlife Refuge System, a national network of lands and waters for conservation, management and restoration of fish, wildlife and plant resources and their habitats within the United States. Activities that may be eligible for a self-governance funding agreement may include, but are not limited to: Construction, farming, concessions, maintenance, biological program efforts, habitat management, fire management, and implementation of comprehensive conservation planning.

    Locations of Refuges and Hatcheries With Close Proximity to Self-Governance Tribes

    The Service developed the list below based on the proximity of identified self-governance Tribes to Service facilities that have components that may be suitable for administering through a self-governance funding agreement.

    1. Alaska National Wildlife Refuges—Alaska 2. Alchesay National Fish Hatchery—Arizona 3. Humboldt Bay National Wildlife Refuge—California 4. Kootenai National Wildlife Refuge—Idaho 5. Agassiz National Wildlife Refuge—Minnesota 6. Mille Lacs National Wildlife Refuge—Minnesota 7. Rice Lake National Wildlife Refuge—Minnesota 8. National Bison Range—Montana 9. Ninepipe National Wildlife Refuge—Montana 10. Pablo National Wildlife Refuge—Montana 11. Sequoyah National Wildlife Refuge—Oklahoma 12. Tishomingo National Wildlife Refute—Oklahoma 13. Bandon Marsh National Wildlife Refuge—Washington 14. Dungeness National Wildlife Refuge—Washington 15. Makah National Fish Hatchery—Washington 16. Nisqually National Wildlife Refuge—Washington 17. Quinault National Fish Hatchery—Washington 18. San Juan Islands National Wildlife Refuge—Washington 19. Tamarac National Wildlife Refuge—Wisconsin

    For questions regarding self-governance, contact Mr. Scott Aikin, Fish and Wildlife Service, National Native American Programs Coordinator, 1211 SE Cardinal Court, Suite 100, Vancouver, Washington 98683, telephone (360) 604-2531 or fax (360) 604-2505.

    F. Eligible U.S. Geological Survey (USGS) Programs

    The mission of the USGS is to collect, analyze, and provide information on biology, geology, hydrology, and geography that contributes to the wise management of the Nation's natural resources and to the health, safety, and well-being of the American people. This information is usually publicly available and includes maps, data bases, and descriptions and analyses of the water, plants, animals, energy, and mineral resources, land surface, underlying geologic structure, and dynamic processes of the earth. The USGS does not manage lands or resources. Self-governance Tribes may potentially assist the USGS in the data acquisition and analysis components of its activities.

    For questions regarding self-governance, contact Ms. Monique Fordham, Esq., National Tribal Liaison, U.S. Geological Survey, 12201 Sunrise Valley Drive, Reston, Virginia 20192, telephone (703) 648-4437 or fax (703) 648-6683.

    G. Eligible Office of the Special Trustee for American Indians (OST) Programs

    The Department of the Interior has responsibility for what may be the largest land trust in the world, approximately 56 million acres. OST oversees the management of Indian trust assets, including income generated from leasing and other commercial activities on Indian trust lands, by maintaining, investing and disbursing Indian trust financial assets, and reporting on these transactions. The mission of the OST is to serve Indian communities by fulfilling Indian fiduciary trust responsibilities. This is to be accomplished through the implementation of a Comprehensive Trust Management Plan (CTM) that is designed to improve trust beneficiary services, ownership information, management of trust fund assets, and self-governance activities.

    A Tribe operating under self-governance may include the following programs, services, functions, and activities or portions thereof in a funding agreement:

    1. Beneficiary Processes Program (Individual Indian Money Accounting Technical Functions).

    2. Appraisal Services Program. Tribes/consortia that currently perform these programs under a self-governance funding agreement with the Office of Self-Governance (OSG) may negotiate a separate memorandum of understanding (MOU) with OST that outlines the roles and responsibilities for management of these programs.

    The MOU between the Tribe/consortium and OST outlines the roles and responsibilities for the performance of the OST program by the Tribe/consortium. If those roles and responsibilities are already fully articulated in the existing funding agreement with the OSG, an MOU is not necessary. To the extent that the parties desire specific program standards, an MOU will be negotiated between the Tribe/consortium and OST, which will be binding on both parties and attached and incorporated into the OSG funding agreement.

    If a Tribe/consortium decides to assume the operation of an OST program, the new funding for performing that program will come from OST program dollars. A Tribe's newly-assumed operation of the OST program(s) will be reflected in the Tribe's OSG funding agreement.

    For questions regarding self-governance, contact Mr. Lee Frazier, Program Analyst, Office of External Affairs, Office of the Special Trustee for American Indians (MS 5140-MIB), 1849 C Street NW., Washington, DC 20240-0001, phone: (202) 208-7587, fax: (202) 208-7545.

    IV. Programmatic Targets

    The programmatic target for Fiscal Year 2016 provides that, upon request of a self-governance Tribe, each non-BIA bureau will negotiate funding agreements for its eligible programs beyond those already negotiated.

    V. Public Disclosure

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Dated: April 19, 2016. Lawrence S. Roberts, Acting Assistant Secretary—Indian Affairs.
    [FR Doc. 2016-10040 Filed 4-28-16; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Office of the Secretary [Docket No. ONRR-2012-0003; DS63602000 DR2000000.PX8000 167D0102R2] U.S. Extractive Industries Transparency Initiative Public Outreach AGENCY:

    Office of the Secretary, Interior.

    ACTION:

    Notice.

    SUMMARY:

    This notice announces the public outreach session/webinar regarding the U.S. Extractive Industries Transparency Initiative (USEITI) to increase awareness and dissemination of the 2015 USEITI Report and the benefits of EITI.

    DATES:

    The public outreach session/webinar will be from 2:00-4:00 p.m. ET on May 3, 2016.

    ADDRESSES:

    The public outreach session/webinar will be held in the Rachel Carson Room of the Stewart Lee Udall Department of the Interior Building located at 1849 C Street NW., Washington, DC 20240. Members of the public may attend in person or view documents and presentations under discussion via Live Meeting Net Conference at https://www.mymeetings.com/nc/join/. If joining via Live Meeting Net Conference: Enter conference number PW7730142 and audience passcode 7741096, and listen to the proceedings at telephone number 1-888-455-2910 and international toll number 210-839-8953 (passcode: 7741096).

    FOR FURTHER INFORMATION CONTACT:

    Rosita Compton Christian, USEITI Secretariat; 1849 C Street NW., MS 4211, Washington, DC 20240. You may also contact the USEITI Secretariat via email at [email protected], by phone at 202-208-0272 or by fax at 202-513-0682.

    SUPPLEMENTARY INFORMATION:

    The U.S. Department of the Interior established the USEITI Advisory Committee (Committee) on July 26, 2012, to oversee the domestic implementation of this voluntary, global initiative designed to increase transparency and accountability in the governance of extractive industries revenue management. More information about the Committee, including its charter, and public meetings can be found at www.doi.gov/eiti/faca.

    This Public Outreach session/webinar will provide the public awareness of EITI and its benefits, update stakeholders on status of U.S. compliance with the global standard, and demonstrate the interactive on-line 2015 first annual USEITI Report. The USEITI Report can be found at https://useiti.doi.gov/. This session will also provide an opportunity for public comment on the First Annual USEITI Report.

    Background: In September 2011, President Barack Obama announced the United States' commitment to participate in the Extractive Industries Transparency Initiative. Implementing EITI is a signature initiative of the U.S. National Action Plans for an Open Government Partnership. EITI offers a voluntary framework for companies and governments to publicly disclose in parallel the revenues paid and received for extraction of oil, gas, and minerals. The design of each framework is country-specific and is developed through a multi-year, consensus-based process by a multi-stakeholder group comprised of government, industry, and civil society representatives. President Obama named Secretary of the Interior the U.S. Senior Official responsible for implementing USEITI. The U.S. achieved Candidate Country status on March 14, 2014. USEITI published its First Annual Report on December 16, 2015. For further information on EITI, please visit the USEITI Web page at http://www.doi.gov/EITI.

    Dated: April 22, 2016. Gregory Gould, Director, Office of Natural Resources Revenue.
    [FR Doc. 2016-10115 Filed 4-28-16; 8:45 am] BILLING CODE 4335-30-P
    DEPARTMENT OF THE INTERIOR [167A2100DD/AAKC001030/A0A501010.999900] Office of the Assistant Secretary—Indian Affairs; School Facilities Construction List AGENCY:

    Office of the Assistant Secretary—Indian Affairs, Interior.

    ACTION:

    Notice.

    SUMMARY:

    This notice announces that the Acting Assistant Secretary—Indian Affairs has selected 10 schools as the next set of schools eligible to receive funding to replace their school facilities.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Darrell LaRoche, Director, Office of Facilities, Property, and Safety Management, Office of the Assistant Secretary—Indian Affairs (703) 390-6314, [email protected].

    SUPPLEMENTARY INFORMATION:

    The No Child Left Behind (NCLB) School Facilities and Construction Negotiated Rule-Making Committee established the process and criteria for determining the priority in which the Department of the Interior would proceed with campus-wide school replacement. The criteria can be viewed at pages 37-41 of the Committee's Report, available here: http://www.bia.gov/cs/groups/xraca/documents/document/idc1-025523.pdf. In accordance with that process, the National Review Committee (NRC) (a committee of educators, facility and safety experts, representative from the Division of Facilities Management and Construction, and the Bureau of Indian Education) established that 78 Bureau of Indian Education funded schools were eligible to apply for replacement in this cycle. Of those 78 schools, 53 schools applied for consideration. The NRC reviewed the schools' applications using criteria identified in the NCLB report, scored each application using objective criteria, ranked them according to their numerical score, and identified the 10 highest scoring projects. Those schools were invited to present at a public hearing to show the condition of their school campuses and to answer questions.

    For Fiscal Year (FY) 2016, the National Review Committee identified the 10 schools listed below and invited those schools to a present at a public meeting in February 2016, in Albuquerque, New Mexico. The Acting Assistant Secretary—Indian Affairs has determined that all 10 schools need to be replaced and, therefore, all 10 schools should be eligible for funding, as it becomes available through Congressional appropriations, in this cycle.

    • Blackwater Community School • Chichiltah/Jones Ranch Community School • Crystal Boarding School • Dzilth-Na-O-Dith-Hle Community School • Greasewood Springs Community School • Laguna Elementary School • Lukachukai Community School • Quileute Tribal School • T'iis Nazbas Community School • Tonalea (Red Lake) Day School

    The selection of these 10 schools is based on criteria, such as the Facility Condition Index, and other measures outlined in the NCLB report. The Office of the Assistant Secretary—Indian Affairs will place these 10 in order of readiness based on when each school completes the planning process. Design and construction for these projects is contingent on the budget process.

    Dated: August 21, 2016. Lawrence S. Roberts, Acting Assistant Secretary—Indian Affairs.
    [FR Doc. 2016-10044 Filed 4-28-16; 8:45 am] BILLING CODE 4310-W7-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [16X L1109AF LLUT980300 L10100000.XZ0000 24.1A] Call for Nominations for the Utah Resource Advisory Council AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The purpose of this notice is to request public nominations to fill one recently vacated position on the Utah Resource Advisory Council (RAC) in category three (employees of a State agency responsible for management of natural resources).

    DATES:

    All nominations must be received no later than May 31, 2016.

    ADDRESSES:

    Nominations should be sent to Lola Bird, Public Affairs Specialist, Utah State Office, Bureau of Land Management, 440 West 200 South, Suite 500, Salt Lake City, UT 84101.

    FOR FURTHER INFORMATION CONTACT:

    Lola Bird, Bureau of Land Management, Utah State Office, 440 West 200 South, Suite 500, Salt Lake City, UT 84101; phone (801) 539-4033; or email [email protected]

    Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, seven days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    The Federal Land Policy and Management Act (FLPMA) (43 U.S.C. 1739) directs the Secretary of the Interior to involve the public in planning and issues related to management of lands administered by the Bureau of Land Management (BLM). Section 309 of FLPMA directs the Secretary to establish 10- to 15-member citizen-based advisory councils that are consistent with the Federal Advisory Committee Act (FACA). As required by FACA, RAC membership must be balanced and representative of the various interests concerned with the management of the public lands.

    The BLM-Utah RAC is hosting a call for nominations for a vacant position in category three (description addressed in the SUMMARY above). Upon appointment, the individual selected will fill the position until the term's ending date of June 22, 2018. Nominees must be residents of Utah. BLM will evaluate nominees based on their education, training, experience, and their knowledge of the geographical area. Nominees should demonstrate a commitment to collaborative resource decision making. The Obama Administration prohibits individuals who are currently federally registered lobbyists to serve on all FACA and non-FACA boards, committees, or councils. The following must accompany all nominations:

    —Letters of reference from represented interest or organizations; —A completed Resource Advisory Council application; and, —Any other information that addresses the nominee's qualifications. Simultaneous with this notice, the BLM-Utah State Office will issue a press release providing additional information for submitting nominations. Authority:

    43 CFR 1784.4-1.

    Approved:

    Jenna Whitlock, Acting State Director.
    [FR Doc. 2016-10171 Filed 4-28-16; 8:45 am] BILLING CODE 4310-DQ-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCAD01000 L12100000.MD0000 16XL1109AF] Meeting of the California Desert District Advisory Council AGENCY:

    Bureau of Land Management, Department of the Interior.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) California Desert District Advisory Council (DAC) will meet as indicated below.

    DATES:

    The DAC will participate in a field tour of BLM-administered public lands on Friday, May 20, 2016, from 8:00 a.m. to 5:00 p.m. and will meet in formal session on Saturday, May 21, 2016, from 8:00 a.m. to 5:00 p.m. in Barstow, California. Members of the public are welcome. They must provide their own transportation, meals and beverages. Final agendas for the Friday field trip and the Saturday public meeting, along with the Saturday meeting location, will be posted on the DAC Web page at http://www.blm.govica/st/eniinfo/rac/dac.html when finalized.

    FOR FURTHER INFORMATION CONTACT:

    Stephen Razo, BLM California Desert District External Affairs, 1-951-697-5217. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individuals. You will receive a reply during normal hours.

    SUPPLEMENTARY INFORMATION:

    All DAC meetings are open to the public. The 15-member council advises the Secretary of the Interior, through the BLM, on a variety of planning and management issues associated with public land management on BLM administered lands in the California desert. Public comment for items not on the agenda will be scheduled at the beginning of the meeting Saturday morning. Time for public comment is made available by the council chair during the presentation of various agenda items, and is scheduled at the end of the meeting for topics not on the agenda. While the Saturday meeting is scheduled from 8:00 a.m. to 5:00 p.m., the meeting could conclude prior to 5:00 p.m. should the council conclude its presentations and discussions. Therefore, members of the public interested in a particular agenda item or discussion should schedule their arrival accordingly. Agenda for the Saturday meeting will include updates by council members, the BLM California Desert District Manager, five Field Managers, and council subgroups. Focus topics for the meeting will include Route 66 Corridor Management Plan and renewable energy project updates. Written comments may be filed in advance of the meeting for the California Desert District Advisory Council, c/o Bureau of Land Management, External Affairs, 22835 Calle San Juan de Los Lagos, Moreno Valley, CA 92553. Written comments also are accepted at the time of the meeting and, if copies are provided to the recorder, will be incorporated into the minutes.

    Dated: April 13, 2016. Teresa A. Raml, California Desert District Manager.
    [FR Doc. 2016-09941 Filed 4-28-16; 8:45 am] BILLING CODE 4310-40-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-20810; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Sam Noble Oklahoma Museum of Natural History, Norman, OK AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Sam Noble Oklahoma Museum of Natural History at the University of Oklahoma has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and associated funerary objects and any present-day Indian tribes or Native Hawaiian organizations. Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Sam Noble Oklahoma Museum of Natural History. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the Indian tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the Sam Noble Oklahoma Museum of Natural History at the address in this notice by May 31, 2016.

    ADDRESSES:

    Dr. Marc Levine, Assistant Curator of Archaeology, Sam Noble Oklahoma Museum of Natural History, University of Oklahoma, 2401 Chautauqua Avenue, Norman, OK 73072-7029, telephone 405-325-1994, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the Sam Noble Oklahoma Museum of Natural History. The human remains and associated funerary objects were removed from the following counties in the state of Oklahoma: Bryan, Carter, Coal, Garvin, Marshall, McClain, and Pontotoc.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the Sam Noble Oklahoma Museum of Natural History professional staff in consultation with representatives of the Jena Band of Choctaw Indians, the Mississippi Band of Choctaw Indians, The Chickasaw Nation, The Choctaw Nation of Oklahoma, and The Quapaw Tribe of Indians.

    History and Description of the Remains

    On October 22, 1941, human remains representing, at minimum, two individuals were removed from the Wheeler Site (34Br-47) in Bryan County, OK. The Wheeler Site was excavated by the Works Progress Administration, and the human remains were transferred to the Sam Noble Oklahoma Museum of Natural History on an unknown date. One individual was determined to be between the ages of 15 and 21 of indeterminate sex. The second individual is represented by two small postcranial fragments. Age and sex could not be identified. The date of the site associated with the human remains is unknown. No known individuals were identified. No associated funerary objects are present.

    In 1934, human remains representing, at minimum, one individual were removed from the Reynolds Place Site (34Br-0/79) in Bryan County, OK. The human remains were discovered when the landowner, Mr. Sharpe, was plowing. The human remains represent an adult male of undetermined age. Mr. Sharpe donated the human remains to the Museum on January 21, 1942. The date of the site associated with the human remains is unknown. No known individuals were identified. The 41 associated funerary objects are 41 shell beads.

    On October 16, 1987, human remains representing, at minimum, one individual, were removed from the Butler Site (34Ca-94/1) in Carter County, OK. The human remains are likely an adult male of at least 20 years of age. The human remains were collected by the Oklahoma City Medical Examiner's Office and transferred to the Museum via the Oklahoma Archaeological Survey at an unknown date. The date of the site associated with the human remains is unknown. No known individuals were identified. The five associated funerary objects are 2 shell beads, 1 fossil shell, and 2 animal bone fragments.

    On May 1, 1974, human remains representing, at minimum, one individual were removed from the Foreman Site (34Co-29/1) in Coal County, OK. The site was located near the west side of the highway between Clarita and Tupelo at the point where it crosses the Clear Boggy River. The site was first reported by a student to a professor at Southeastern State College in Durant, OK, on March 12, 1974. Officials from the Oklahoma Archaeological Survey were alerted to the presence of human remains at the site, which had been subject to disturbance by pot hunting and road construction. The fragmentary human remains are of indeterminate sex and age. Archeological assessment indicates that these human remains likely date to the Late Archaic or Woodland period. The human remains were transferred from the Oklahoma Archaeological Survey to the Museum at an unknown date. No known individuals were identified. No associated funerary objects are present.

    On an unknown date, human remains representing, at minimum, three individuals were removed from an unknown location (34Gv-0/20) in Garvin County, OK. The human remains were reportedly recovered in a gravel pit near a stream somewhere in Garvin County. The human remains represent one adult male, one probable adult female, and one adult of indeterminate sex. The human remains were donated to the Museum by an unnamed individual on July 26, 1951. The date of the site associated with the human remains is unknown. No known individuals were identified. The two associated funerary objects are a small shell and a fragment of faunal long bone.

    In 1942, human remains representing, at minimum, one individual were removed from Coulter Site (34Ma-22) in Marshall County, OK. The human remains were recovered during Works Progress Administration excavations directed by Dr. Forrest Clements. This single individual, represented by one tooth (a right maxillary molar), was an adult of indeterminate sex. The tooth was transferred from the Oklahoma Archaeological Survey to the Museum at an unknown date. The date of the site associated with the human remains is unknown. No known individuals were identified. No associated funerary objects are present.

    In 1942, human remains representing, at minimum, one individual were removed from the Quarrels Site (34Ma-24/14) in Marshall County, OK. The site was located on the bank of Little Glasses Creek, which is presently inundated by Lake Texoma. The human remains consisted of a single fragmentary phalanx of an adult of indeterminate sex. The human remains were transferred to the Museum at an unknown date. The date of the site associated with the human remains is unknown. No known individuals were identified. No associated funerary objects are present.

    On an unknown date, human remains representing, at minimum, one individual were removed from the Frank Bounds Farm Site (34Ma-0/50) in Marshall County, OK. The human remains, representing an adult of indeterminate sex, were transferred to the Museum sometime before 1995. The date of the site associated with the human remains is unknown. No known individuals were identified. The 20 associated funerary objects consist of 15 pottery sherds and 5 stone tools.

    In 1957, human remains representing, at minimum, one individual were removed from site 34Ml-11 in McClain County, OK. The site was located near a small drainage running northeast into the South Canadian River. The human remains were discovered by a road survey conducted as part of a Federal Highway Administration Project. The human remains are highly fragmented with many elements embedded in dirt. The human remains represent a single adult male. The human remains were transferred to the Museum on an unknown date. The date of the site associated with the human remains is unknown. No known individuals were identified. The one associated funerary object is a piece of groundstone.

    On an unknown date, human remains representing, at minimum, one individual were removed from the Danna Smith Site (34Ml-7) in McClain County, OK. The human remains included one bone fragment, representing an adult of indeterminate sex. The bone was transferred to the Museum on an unknown date. The date of the site associated with the human remains is unknown. No known individuals were identified. No associated funerary objects are present.

    On an unknown date, human remains representing, at minimum, one individual were removed from an unknown location (34Pn0/5) in Pontotoc County, OK. The single bone fragment represented an adult of indeterminate sex and was transferred to the Museum on an unknown date. The date of the site associated with the human remains is unknown. This site is mislabeled as “34Pn015.” No known individuals were identified. No associated funerary objects are present.

    On February 23, 1963, human remains representing, at minimum, one individual were removed from the Townsend Site (34Pn-54) in Pontotoc County, OK. The human remains were collected by Dick McWilliams as part of a surface collection from the site, which is located along an old bank of West Buck Creek near Ada, OK. The human remains represent one adult individual, probably male. The human remains were transferred to the Museum on an unknown date. The date of the site associated with the remains is unknown. No known individuals were identified. No associated funerary objects are present.

    Determinations Made by the Sam Noble Oklahoma Museum of Natural History

    Officials of the Sam Noble Oklahoma Museum of Natural History have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on a combination of one or more of the following: Osteological evidence, collection history, association with Native American artifacts, and association with prehistoric archeological sites.

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of 15 individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the 69 objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and associated funerary objects and any present-day Indian tribe.

    • According to final judgments of the Indian Claims Commission or the Court of Federal Claims, the land from which the Native American human remains and associated funerary objects were removed is the aboriginal land of the Jena Band of Choctaw Indians, the Mississippi Band of Choctaw Indians, The Chickasaw Nation, The Choctaw Nation of Oklahoma, and the Quapaw Tribe of Indians.

    • Treaties, Acts of Congress, or Executive Orders, indicate that the land from which the Native American human remains and associated funerary objects were removed is the aboriginal land of the Jena Band of Choctaw Indians, the Mississippi Band of Choctaw Indians, The Chickasaw Nation, The Choctaw Nation of Oklahoma, and the Quapaw Tribe of Indians.

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains and associated funerary objects may be to the Jena Band of Choctaw Indians, the Mississippi Band of Choctaw Indians, The Chickasaw Nation, The Choctaw Nation of Oklahoma, and the Quapaw Tribe of Indians.

    Additional Requestors and Disposition

    Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Dr. Marc Levine, Assistant Curator of Archaeology, Sam Noble Oklahoma Museum of Natural History, University of Oklahoma, 2401 Chautauqua Avenue, Norman, OK 73072-7029, telephone 405-325-1994, email [email protected], by May 31, 2016. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to the Jena Band of Choctaw Indians, the Mississippi Band of Choctaw Indians, The Chickasaw Nation, The Choctaw Nation of Oklahoma, and the Quapaw Tribe of Indians may proceed.

    The Sam Noble Oklahoma Museum of Natural History is responsible for notifying the Chickasaw Nation, Choctaw Nation of Oklahoma, Jena Band of Choctaw Indians, Mississippi Band of Choctaw Indians, and Quapaw Tribe of Indians that this notice has been published.

    Dated: April 7, 2016. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2016-10069 Filed 4-28-16; 8:45 am] BILLING CODE 4312-50-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-PWR-PWRO-20344; PPPWGOGAP0 PPMPSAS1Z.YP0000] Draft Environmental Impact Report and Environmental Impact Statement for Vista Grande Drainage Basin Improvement Project, Golden Gate National Recreation Area, San Francisco and San Mateo Counties, California AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice of availability.

    SUMMARY:

    The National Park Service (NPS), in cooperation with the City of Daly City (Daly City), has prepared a joint Draft Environmental Impact Report and Environmental Impact Statement (DEIR/EIS) for the Vista Grande Drainage Basin Project (Project). The NPS is the lead agency for environmental review under NEPA, and Daly City is the lead agency for environmental review under the California Environmental Quality Act (CEQA). Daly City is proposing the Project to address storm-related flooding in the Vista Grande Drainage Basin, while providing the additional benefit of augmenting the level of Lake Merced. The Project would also improve recreational access and reduce litter transfer and deposition along the beach below Fort Funston and maximize the use of existing rights-of-way, easements, and infrastructure to minimize construction-related costs, habitat disturbance, and disruption to recreational users. Daly City is seeking a Special Use Permit from the NPS for construction activities proposed at Fort Funston and update to an existing easement to accommodate the proposed structures within Fort Funston and to clarify the rights and obligations of the parties to the easement.

    DATES:

    All comments must be postmarked or transmitted not later than 60 days from the date of publication in the Federal Register of the Environmental Protection Agency's (EPA) notice of filing and release of the DEIR/EIS.

    FOR FURTHER INFORMATION CONTACT:

    Please contact Steve Ortega at the Golden Gate National Recreation Area Planning Division at (415) 561-4955 or [email protected]

    SUPPLEMENTARY INFORMATION:

    This process has been conducted pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the regulations promulgated by the Council on Environmental Quality (40 CFR part 1502.9). The purpose and need for the Project is to alleviate flooding in the Vista Grande Drainage Basin and Canal and provide a sustainable source of water for management of Lake Merced water levels and quality, and to ensure that the portion of the Project within federally managed lands, if authorized, is constructed, operated, and maintained in a manner that is consistent with the protection and enhancement of resources, values, and uses of lands and waters under federal jurisdiction. This purpose and need is driven by the following factors:

    (1) The Vista Grande storm drain system drains the northwestern portion of Daly City and an unincorporated portion of San Mateo County—areas originally within the watershed of Lake Merced. In the 1890s, the Vista Grande Canal and Tunnel were built to divert stormwater away from the lake to an outlet at the Pacific Ocean, below what is now Fort Funston. The existing Canal and Tunnel do not have adequate hydraulic capacity to convey storm flows, and this periodically causes backing up of Tunnel flows into the Canal, and flooding during peak storm events in adjacent low-lying residential areas and roads. Such flooding and Canal overtopping events cause property damage, bank erosion, traffic nuisances, public safety issues, and may have adverse impacts to Lake Merced water quality.

    (2) Urban development has significantly reduced Lake Merced's original estimated watershed size. As urban development advanced in the area, surface runoff was diverted away from Lake Merced. Consequently, the southern portion of the original watershed (Daly City), including what is now the Vista Grande Drainage Basin, and the eastern portion of the original watershed (San Francisco) were diverted from flowing into the Lake. Operation of the Project would capture a portion of the existing Basin stormwater and authorized non-storm runoff that is currently conveyed to the Pacific Ocean and beneficially re-use over the long-term it to augment water levels in Lake Merced.

    (3) The existing Daly City Ocean Outlet structure juts out from the cliff approximately 90 feet across the beach below Fort Funston, impeding recreational access, particularly during high tides. The Project presents an opportunity to improve public access across the beach.

    (4) The width of the existing Tunnel easement is undetermined. Legal easement issues associated with a potential new tunnel alignment and with proposed improvements at the beach would be evaluated for consistency with the goals of protection and enhancement of resources, values, and uses of lands and waters under federal jurisdiction.

    Accordingly, NPS's objectives for the Project include the following: (1) Avoid, minimize, or mitigate environmental impacts to Golden Gate National Recreation Area (GGNRA) natural and cultural resources; (2) during construction, ensure the health and safety of park visitors and staff, maintain access to and through Fort Funston, and minimize impacts to the visitor experience; (3) permanently improve public access along the beach; and (4) minimize impacts on park assets and sustain or restore all park assets (e.g., facilities, features, grounds) to pre-construction or better conditions.

    Range of Alternatives Considered: The DEIR/EIS documents several preliminary engineering and water supply options considered and dismissed from full analysis, and describes and analyzes the following four alternatives:

    No Project/No Action Alternative: No physical component of the proposed Project would be constructed and none of the proposed operational changes to stormwater routing or Lake Merced water management would be made. The NPS would not grant the Special Use Permit or amend the existing easement, and no construction could occur within NPS-managed lands. Annual Canal sediment removal activities would continue, as well as as-needed maintenance activities. Because Canal and Tunnel capacity would not be improved, occasional flooding of the Canal and associated flooding of John Muir Drive into Lake Merced and in local neighborhoods would continue. This alternative serves as the environmental baseline from which potential effects of the “action” alternatives were compared.

    Proposed Project: The Project as proposed by Daly City would consist of the following: (1) Improvements within the Vista Grande Basin storm drain system upstream of the Vista Grande Canal; (2) Partial replacement of the existing Vista Grande Canal to incorporate a gross solid screening device, an approximately 2.6-acre constructed treatment wetland, and diversion and discharge structures to route some stormwater (and authorized non-stormwater) flows from the Vista Grande Canal to Lake Merced and to allow lake water to be used for summer treatment wetland maintenance; (3) Modification of the existing effluent gravity pipeline so that it may be used year round to convey treated effluent from the nearby North San Mateo County Sanitation District Wastewater Treatment Plant to the existing outlet and diffuser by gravity, and abandoning the force main pipeline; (4) Modification of the existing lake overflow structure to include an adjustable weir and siphon that allows water from the lake to flow into the Canal and Tunnel; (5) Replacement of the existing Vista Grande Tunnel to expand its hydraulic capacity and extend its operating lifetime and replacement of the Lake Merced Portal to the Tunnel; and (6) Replacement of the existing Ocean Outlet structure and a portion of the existing 33-inch submarine outfall pipeline that crosses the beach at Fort Funston.

    Tunnel Alignment Alternative: The Tunnel Alignment Alternative would include the construction of a replacement tunnel south of the existing Tunnel. The new tunnel would run from a new east portal at the Canal to a new or rehabilitated Ocean Outlet structure at Fort Funston. The Tunnel would run beneath the Olympic Club, Highway 35, and the GGNRA lands. This alternative could be paired with either the proposed Canal improvements or the Canal Configuration Alternative.

    Canal Configuration Alternative: This alternative would not construct the box culvert replacing the first 1,500 feet of the Canal; rather, the diversion structure described for the proposed Project would be relocated to the southern (upstream) end of the Canal. The box culvert under John Muir Drive also would be relocated and would cross under John Muir Drive close to the southern end of Impound Lake. The design of the diversion structure, box culvert under John Muir Drive, and Lake Merced Outlet would be approximately the same as for the proposed Project, but located at the upstream (southern) end of the Canal. The diversion structure would replace the first approximately 350 feet of the Canal, and the rest of the Canal would be unchanged except as needed for temporary construction access to the Lake Merced Tunnel Portal. Under the Canal Configuration Alternative, only one wetland cell of approximately 1.7 acres would be constructed. This alternative could be paired with either the proposed Tunnel improvements or the Tunnel Alignment Alternative.

    Public Involvement: The Notice of Intent (NOI) to prepare the DEIR/EIS was published in the Federal Register on May 8, 2013 (78 FR 26807). Daly City also issued a joint NOI/Notice of Preparation (NOP) to prepare the DEIR/EIS on February 28, 2013. On March 4, 2013, the NPS sent an electronic mail (email) message to 1,317 recipients, inviting them to an open house featuring the Vista Grande Drainage Basin Improvements and other projects within the GGNRA. The email message provided a link to Daly City's Vista Grande Project Web site, where interested parties could access the NOI/NOP. The NPS held an open house on March 19, 2013, at the General's Residence in Fort Mason. Several projects and topics were covered at the open house, including the Vista Grande Project. Daly City staff and consultants attended the open house and spoke with attendees about the Project. On March 28, 2013, Daly City held a public scoping meeting to educate members of the public about the Project and to solicit comments on the scope of the DEIR/EIS. The scoping comment period for the NOI published in the Federal Register ended on June 7, 2013. A scoping report summarizing the outcomes of the scoping process, including comments received, and which includes copies of all comment letters received during the scoping period, is included as Appendix B of the DEIR/EIS. Comments from these meetings and letters, as well from additional stakeholder and agency outreach meetings and subsequent internal planning workshops, were used to further refine the alternatives and identify the key topics to be addressed in the DEIR/EIS.

    Copies of and/or internet links to the DEIR/EIS will be circulated to congressional delegations, state and local elected officials, federal and state agencies, tribes, organizations, local businesses, and public libraries. Printed copies (in limited quantity) and CDs will be supplied in response to email, phone, or mail requests. Printed copies will be available at public libraries in San Francisco and San Mateo County.

    How to Comment: The public comment period begins upon the lead agencies' issuance of public notice of DEIR/EIS availability, including through the NPS publication of this Notice of Availability (NOA) for the DEIR/EIS in the Federal Register. The public comment period will end 60 days from the date of the EPA's publication in the Federal Register of the notice of filing and release of the DEIR/EIS; the NPS will notify all entities on the project mailing list, and public announcements about the DEIR/EIS review period will be posted on the project Web site (http://parkplanning.nps.gov/Vista_Grande) and distributed via local and regional press media. Written comments may be transmitted electronically through the project Web site (noted above). If preferred, comments may be mailed to the General Superintendent, GGNRA, Attn: Vista Grande Drainage Basin Improvement Project DEIR/EIS, Fort Mason, Building 201, San Francisco, CA 94123.

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Public comments received during the comment period will be recorded and categorized in order for the lead agencies to prepare responses, which then will be incorporated into the Final EIR/EIS. Where responses to comments require important changes to the EIR/EIS, the body of the text may be revised. Comments received on the cultural resources section of the EIR/EIS will also be considered during the separate, but coordinated process of compliance with § 106 of the National Historic Preservation Act.

    Decision Process: All comments received on the DEIR/EIS will be duly considered in preparing the Final EIR/EIS, which is expected to be prepared in mid-2016 (availability will be announced in the Federal Register, as well as through regional and local press media and park Web site postings). A Record of Decision will be prepared not sooner than 30 days after release of the Final EIR/EIS. Because this is a delegated EIS, the NPS official responsible for approval of the project is the Regional Director, Pacific West Region. The official responsible for project implementation is the Superintendent, Golden Gate National Recreation Area.

    Dated: February 16, 2016. Martha J. Lee, Acting Regional Director, Pacific West Region.
    [FR Doc. 2016-10172 Filed 4-28-16; 8:45 am] BILLING CODE 4312-FF-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NRNHL-20880; PPWOCRADI0, PCU00RP14.R50000] National Register of Historic Places; Notification of Pending Nominations and Related Actions AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The National Park Service is soliciting comments on the significance of properties nominated before April 9, 2016, for listing or related actions in the National Register of Historic Places.

    DATES:

    Comments should be submitted by May 16, 2016.

    ADDRESSES:

    Comments may be sent via U.S. Postal Service to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St. NW., 8th Floor, Washington, DC 20005; or by fax, 202-371-6447.

    SUPPLEMENTARY INFORMATION:

    The properties listed in this notice are being considered for listing or related actions in the National Register of Historic Places. Nominations for their consideration were received by the National Park Service before April 9, 2016. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation.

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    ARIZONA Maricopa County Falcon Field World War II Aviation Hangers, 4800 E. Falcon Dr., Mesa, 16000266 FLORIDA Brevard County Green Gables, 1501 South Harbor City, Melbourne, 16000269 Broward County Davie Woman's Club, (Clubhouses of Florida's Woman's Clubs MPS) 6551 SW. 45th St., Davie, 16000267 Leon County Gaither House, 212 Young St., Tallahassee, 16000268 Putnam County Bethel African American Episcopal Church, 710 Reid St., Palatka, 16000270 St. Johns County St. Augustine National Cemetery, 104 Marine St., St. Augustine, 16000271 HAWAII Honolulu County Dilks Property, 1302 Mokulua Dr., Kailua, 16000272 Ewa Plain Battlefield, Address Restricted, Kapolei, 16000273 Maui County Kahului Railroad Administration Building, 101 E. Kaahumanu Ave., Kahului, 16000274 MARYLAND Montgomery County U.S. Atomic Energy Commission, 19901 Germantown Rd., Germantown, 16000275 MINNESOTA Aitkin County Pine—Hickory Lakes Roadside Parking Area, (Federal Relief Construction in Minnesota, 1933-1943) MN 169, .25 mi. N. of 249th Ln., Aitkin, 16000276 Hennepin County McLeod and Smith Inc. Headquarters, 700-708 Central Ave. NE., Minneapolis, 16000277 Olmsted County Maass and McAndrew Company Building, 12-14 4th St. SW., Rochester, 16000278 Renville County Hotel Sacred Heart, 112 W. Maple St., Sacred Heart, 16000279 St. Louis County Ely Community Center, (Federal Relief Construction in Minnesota, 1933-1943) 30 S. 1st Ave. East, Ely, 16000280 MISSISSIPPI Claiborne County Port Gibson High School (Old), (Port Gibson MRA) 161 Ramsey Dr., Port Gibson, 16000285 Harrison County Southwest Gulfport Historic District, Bounded by Railroad, 15th, 11th, 9th & Central Sts., 32nd, 36th, 37th, 42nd, 43rd & 34th Aves., Gulfport, 16000281 Jefferson Davis County Prentiss Normal and Industrial Institute Historic District, 292 J.E. Johnson Rd., Prentiss, 16000282 Kemper County Perkins House, 2709 Townsend Rd., DeKalb, 16000283 Wilkinson County Arbuthnot's Grocery and House, 8990 Pinckneyville Rd., Woodville, 16000284 MISSOURI Perry County Perry County Courthouse, 15 W. Sainte Marie St., Perryville, 16000286 NORTH CAROLINA Cleveland County Davidson Elementary School, 500 W. Piedmont Ave., Kings Mountain, 16000287 Hertford County Pleasant Plains School, (Rosenwald School Building Program in North Carolina MPS) US 13 S. of Jct. with Pleasant Plains Rd., Pleasant Plains, 16000288 OHIO Hamilton County Old Town Hall, 10759 Oxford Rd., Harrison, 16000289 OREGON Multnomah County Fairview City Jail, 120 1st St., Fairview, 16000290 Leland, James W., House, 5303 SW. Westwood View, Portland, 16000291 SOUTH CAROLINA Greenville County Beth Israel Synagogue, 307 Townes St., Greenville, 16000292 WASHINGTON Clark County Luepke Florist, 1300 Washington St., Vancouver, 16000293 Grays Harbor County Hotel Morck, 215 S. K St., Aberdeen, 16000294

    A request for removal has been received for the following resources:

    ARIZONA Yavapai County Strahan House, (Cottonwood MRA) 725 E. Main St., Cottonwood, 86002157 Thompson Ranch, (Cottonwood MRA) 2874 US Alt. 89, Cottonwood, 86002162 MINNESOTA Isanti County Farmers Cooperative Mercantile Company of West Stanford, (Isanti County MRA) Co. Hwy. 7, Isanti, 80002079 Ramsey County Hall, S. Edward, House, 996 Iglehart Ave., St. Paul, 91000440
    Authority:

    60.13 of 36 CFR part 60.

    Dated: April 14, 2016. Roger Reed, Acting Chief, National Register of Historic Places/National Historic Landmarks Program.
    [FR Doc. 2016-10017 Filed 4-28-16; 8:45 am] BILLING CODE 4312-51-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-20785; PPWOCRADN0-PCU00RP14.R50000] Notice of Intent To Repatriate Cultural Items: Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Peabody Museum of Archaeology and Ethnology, in consultation with the appropriate Indian tribes or Native Hawaiian organizations, has determined that the cultural item listed in this notice meet the definition of a sacred object and an object of cultural patrimony. Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request to the Peabody Museum of Archaeology and Ethnology. If no additional claimants come forward, transfer of control of the cultural items to the lineal descendants, Indian tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to claim this cultural item should submit a written request with information in support of the claim to the Peabody Museum of Archaeology and Ethnology at the address in this notice by May 31, 2016.

    ADDRESSES:

    Patricia Capone, Peabody Museum of Archaeology and Ethnology, Harvard University, 11 Divinity Avenue, Cambridge, MA 02138, telephone (617) 496-3702.

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3005, of the intent to repatriate a cultural item under the control of the Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA, that meets the definition of a sacred object and an object of cultural patrimony under 25 U.S.C. 3001.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American cultural items. The National Park Service is not responsible for the determinations in this notice.

    History and Description of the Cultural Item

    A leather war cap was collected by Henry M. Wheelwright between 1901 and 1904 from an unknown location in the southwestern part of the United States. Initially, this object was part of a loan presented to the Peabody Museum by Ruth E. Wheelwright in 1939. The loan was subsequently converted to a gift in 1963. The cap is made of two leather pieces sewn together. It has a leather chin strap that is attached at two points on the bottom. A folded band of red fabric is applied along the bottom and is secured with a top layer of painted, serrated leather band sewn across the bottom. There are two cross symbols on the cap: A black one on one side and a red one on the opposite side. Underneath the red cross, the bottom edge of the cap has been cut in a serrated fashion. A cluster of 13 feathers are attached to the crown of the cap with leather thongs; the end of each feather is wrapped with sinew. The cap measures 13.5 x 47.5 x 41 cm (55/16 x 1811/16 x 16 1/8 in.)

    In the initial loan documentation, the cap was described as “Apache Southwest.” At a later time, “Navajo” was added to the culture field on the museum catalogue card. Consultations with the Navajo Nation in 2013 confirmed that the item is not Navajo but is Western Apache. Further consultation with the White Mountain Apache Tribe indicate that stylistic and symbolic characteristics of this item are consistent with traditional Western Apache forms.

    Anthropological, historical, and oral historical evidence indicate that the item described above is a specific ceremonial object needed by traditional Native American religious leaders for the practice of traditional Native American religions by their present-day adherents. In addition, these lines of evidence also support that this item has ongoing, traditional and cultural importance central to the Western Apache tribes and could not have been alienated, appropriated or conveyed by any individual tribal member at the time it was separated from the group.

    Determinations Made by the Peabody Museum of Archaeology and Ethnology

    Officials of the Peabody Museum of Archaeology and Ethnology have determined that:

    • Pursuant to 25 U.S.C. 3001(3)(C), the one cultural item described above is a specific ceremonial object needed by traditional Native American religious leaders for the practice of traditional Native American religions by their present-day adherents.

    • Pursuant to 25 U.S.C. 3001(3)(D), the one cultural item described above has ongoing historical, traditional, or cultural importance central to the Native American group or culture itself, rather than property owned by an individual.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the sacred objects and object of cultural patrimony and the San Carlos Apache Tribe of the San Carlos Reservation, Arizona; Tonto Apache Tribe of Arizona; White Mountain Apache Tribe of the Fort Apache Reservation, Arizona; and Yavapai-Apache Nation of the Camp Verde Indian Reservation, Arizona.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to claim this cultural item should submit a written request with information in support of the claim to Patricia Capone, Peabody Museum of Archaeology and Ethnology, Harvard University, 11 Divinity Avenue, Cambridge, MA 02138, telephone (617) 496-3702, by May 31, 2016. After that date, if no additional claimants have come forward, transfer of control of the sacred object and object of cultural patrimony to the San Carlos Apache Tribe of the San Carlos Reservation, Arizona; Tonto Apache Tribe of Arizona; White Mountain Apache Tribe of the Fort Apache Reservation, Arizona; and Yavapai-Apache Nation of the Camp Verde Reservation, Arizona may proceed.

    The Peabody Museum of Archaeology and Ethnology is responsible for notifying the San Carlos Apache Tribe of the San Carlos Reservation, Arizona; Tonto Apache Tribe of Arizona; White Mountain Apache Tribe of the Fort Apache Reservation, Arizona; and Yavapai-Apache Nation of the Camp Verde Reservation, Arizona.

    Dated: April 4, 2016. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2016-10068 Filed 4-28-16; 8:45 am] BILLING CODE 4312-50-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-20709; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Kansas State Historical Society, Topeka, KS AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Kansas State Historical Society has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Kansas State Historical Society. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the Kansas State Historical Society at the address in this notice by May 31, 2016.

    ADDRESSES:

    Dr. Robert J. Hoard, Kansas State Historical Society, 6425 SW. 6th Avenue, Topeka, KS 66615-1099, telephone (785) 272-8681 extension 269, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the Kansas State Historical Society, Topeka, KS. The human remains and associated funerary objects were removed from Doniphan, Pottawatomie, and Shawnee Counties, KS.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the Kansas State Historical Society professional staff in consultation with representatives of the Kaw Nation, Oklahoma.

    History and Description of the Remains

    On an unknown date, human remains representing, at minimum, one individual were removed from the Doniphan site, 14DP2, in Doniphan County, KS. The human remains were transferred in April 1990 to the Kansas State Historical Society by the Wallingford Historical Society of Wallingford, Connecticut. The Wallingford Historical Society acquired the human remains as a donation from Harold Stearns. Stearns had received the human remains around 1917 as a gift from George Remsburg, a well-known collector of Indian artifacts in the early 20th century. These human remains are identified by the designation UBS 1989-19B. No known individuals were identified. No associate funerary objects are present.

    The human remains were packaged in a box with a paper museum label that indicated the human remains were from “the Doniphan town site.” This is almost certainly the well documented historic Kaw burial site known as the Doniphan site, 14DP2. The human remains are therefore interpreted as being affiliated with the Kaw Nation.

    In 1987, human remains representing, at minimum, five individuals were removed from the Doniphan site, 14DP2, in Doniphan County, KS, and designated UBS 1990-28. These human remains were exposed by erosion and excavated by Kansas State Historical staff, done with the agreement of Bill Mehojah, then Chairman of the Kaw Tribe of Oklahoma. No known individuals were identified. There are 132 associated funerary objects: 1 Ceramic vessel, 18 beads, 1 pipe, 1 tablet, 2 Catlinite pieces, 1 bone awl, 1 bivalve shell, 1 gunflint, 1 projectile point, 35 pottery sherds, 71 flakes, 1 peach seed, 1 vial of squash seeds, 9 black seeds, daub, 2 cinders, charcoal, 1 sack of fibers, 1 geode, 1 crockery sherd, 2 abraders, both broken; and 1 vial rodent bones.

    In 1936, human remains representing, at minimum, two individuals were removed from the Doniphan site in Doniphan County, KS, by A.T. Hill and John Champe of the Nebraska State Historical Society. The human remains were transferred to the Kansas State Historical Society in 1987 and designated UBS 1991-100. The human remains were identified as one adult and one juvenile of indeterminate sex. No known individuals were identified. No associated funerary objects are present.

    In the 1960s, human remains representing, at minimum, one individual was removed from the Doniphan site in Doniphan County, KS. The human remains consist of an adult cranium. The human remains were first taken to Atchison County Historical Society, and then further transferred to Kansas State Historical Society and designated UBS 1991-104. The human remains were then sent to Kansas State University for analysis, and were returned to the Kansas State Historical Society in 1998. No known individuals were identified. No associated funerary objects are present.

    In or around 1949, human remains representing, at minimum, two individuals were found on the Ford farm, presumably the Doniphan site, in Doniphan County, KS. A note with the human remains states that they were found exposed. The human remains were originally in the collections of Benedictine College in Atchison, KS. They were transferred to the Kansas State Historical Society in 1992, designated UBS 1992-24-6 (24A) and analyzed by physical anthropologist Dr. Michael Finnegan in 1997. No known individuals were identified. No associated funerary objects are present.

    On an unknown date, human remains representing, at minimum, two individuals were removed from the Blue Earth Village site, site 14PO24, in Pottawatomie County, KS. The human remains were donated to the Kansas State Historical Society in 1881 by private collector William J. Griffing and designated UBS 1991-66. No known individuals were identified. No associated funerary objects are present.

    In 1937, human remains representing, at minimum, one individual were removed from a site presumed to be the Blue Earth Village site in Pottawatomie County, KS. The human remains were collected by A.T. Hill of the Nebraska State Historical Society. In 1991 the human remains were donated to the Kansas State Historical Society and designated UBS 1991-65. No known individuals were identified. The 9 associated funerary objects are 5 brass buttons, 1 lot of metal lace fragments, 1 lot of wood splinters, 1 piece red pigment, 1 lot of unidentifiable, decomposing material, possibly leather.

    In 1986, human remains representing, at minimum, three individuals were removed from site 14SH339, Shawnee County, KS. The human remains were unearthed as a homeowner was building an addition to their house. The human remains were brought to the Kansas State Historical Society in 1987 and designated UBS 1989-5.

    Osteological analysis was conducted by Dr. Eileen Burneau, chief pathologist, Kansas Bureau of Investigation; Dr. Kim Schneider, physical anthropologist, Wichita State University, and Dr. Michael Finnegan, physical anthropologist, Kansas State University. The associated funerary objects with the human remains date to the 1800s, and the site is on a high ridge overlooking the documented location of the American Chief Village, occupied by the Kaw during the period of A.D. 1832-1846. It is believed that these human remains and associated funerary objects are affiliated with the Kaw Nation of Oklahoma. No known individuals were identified. The 7 associated funerary objects are 1 bead, 1 railroad spike, 1 axe head, 1 piece of cloth with metal, 1 piece of wood, 1 sack of hair or fibers, and 1 sack of fabric.

    Determinations Made by the Kansas State Historical Society

    Officials of the Kansas State Historical Society have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of 17 individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the 148 objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects and the Kaw Nation, Oklahoma.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Dr. Robert J. Hoard, Kansas State Historical Society, 6425 SW. 6th Avenue, Topeka, KS 66615-1099, telephone (785) 272-8681 extension 269, email [email protected], by May 31, 2016. After that date, if no additional requestors have come forward, transfer of control of the human remains the Kaw Nation may proceed.

    The Kansas State Historical Society is responsible for notifying the Kaw Nation, Oklahoma that this notice has been published.

    Dated: March 24, 2016. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2016-10067 Filed 4-28-16; 8:45 am] BILLING CODE 4312-50-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-20769; PPWOCRADN0-PCU00RP14.R50000] Notice of Intent To Repatriate Cultural Items: Robert S. Peabody Museum of Archaeology, Andover, MA AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Robert S. Peabody Museum of Archaeology at Phillips Academy, in consultation with the appropriate Indian tribes or Native Hawaiian organizations, has determined that the cultural items listed in this notice meet the definition of sacred objects. Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request to the Robert S. Peabody Museum of Archaeology. If no additional claimants come forward, transfer of control of the cultural items to the lineal descendants, Indian tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request with information in support of the claim to the Robert S. Peabody Museum of Archaeology at the address in this notice by May 31, 2016.

    ADDRESSES:

    Dr. Ryan J. Wheeler, Director, The Robert S. Peabody Museum of Archaeology, Phillips Academy, 180 Main Street, Andover, MA 01810, (978) 749-4490, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3005, of the intent to repatriate cultural items under the control of the Robert S. Peabody Museum of Archaeology, Andover, MA, that meet the definition of sacred objects under 25 U.S.C. 3001.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American cultural items. The National Park Service is not responsible for the determinations in this notice.

    History and Description of the Cultural Item

    In August, 1909, one item of both cultural and spiritual significance was removed from the White Earth Reservation in Becker County, MN. Museum documentation indicates that Warren K. Moorehead, Curator of the Robert S. Peabody Museum of Archaeology, acquired a birch bark scroll of the Midewiwin, or Grand Medicine Society (accession number 90.225.1) of White Earth from “Bay-bah-dwub-gay-aush,” whom Moorehead's records listed as a “Shaman of the White Earth Reservation,” to be protected in the museum at Andover.

    In 1908, President Theodore Roosevelt appointed Warren K. Moorehead to the Board of Indian Commissioners, the group charged with public oversight of the Bureau of Indian Affairs. After his appointment Moorehead learned from his colleagues at the Smithsonian Institution “of the dreadful situation on a dozen different reservations,” including White Earth. He asked for permission and funds to investigate, which were granted by Commissioner of Indian Affairs Francis Leupp, who appointed Moorehead special agent.

    Moorehead spent time at White Earth investigating various forms of land and other theft during a period of significant economic, cultural and religious oppression. It was in this environment that numerous objects of cultural and spiritual significance were removed from Anishinaabeg communities.

    Consultations were held during a December 10-11, 2015, visit by officials from the White Earth Band of the Minnesota Chippewa Tribe who affirmed cultural affiliation to the birch bark scroll. In a letter dated January 15, 2016, the White Earth Band of the Minnesota Chippewa Tribe requested the return of the scroll due to its substantial cultural and religious significance and need for continued observance of traditional ceremonies that occur annually.

    Determinations Made by the Robert S. Peabody Museum of Archaeology

    Officials of the Robert S. Peabody Museum of Archaeology have determined that:

    • Pursuant to 25 U.S.C. 3001(3)(C), the one cultural item described above is a specific ceremonial object needed by traditional Native American religious leaders for the practice of traditional Native American religions by their present-day adherents.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the sacred object and the White Earth Band of the Minnesota Chippewa Tribe.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request with information in support of the claim to Dr. Ryan J. Wheeler, Director, The Robert S. Peabody Museum of Archaeology, Phillips Academy, 180 Main Street, Andover, MA 01810, (978) 749-4490, email [email protected], by May 31, 2016. After that date, if no additional claimants have come forward, transfer of control of the sacred object to the White Earth Band of the Minnesota Chippewa Tribe may proceed.

    The Robert S. Peabody Museum of Archaeology is responsible for notifying the White Earth Band of the Minnesota Chippewa Tribe that this notice has been published.

    Dated: March 31, 2016. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2016-10070 Filed 4-28-16; 8:45 am] BILLING CODE 4312-50-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-1314 (Preliminary)] Phosphor Copper From Korea Determination

    On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of phosphor copper from Korea, provided for in subheading 7405.00.10 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (“LTFV”).

    1 The record is defined in sec. 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).

    Pursuant to section 207.18 of the Commission's rules, the Commission also gives notice of the commencement of the final phase of its investigation. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission's rules, upon notice from the Department of Commerce (“Commerce”) of an affirmative preliminary determination in the investigation under section 733(b) of the Act, or, if the preliminary determination is negative, upon notice of an affirmative final determination in that investigation under section 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigation need not enter a separate appearance for the final phase of the investigation. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigation.

    Background

    On March 9, 2016, Metallurgical Products Company, West Chester, PA filed a petition with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of LTFV imports of phosphor copper from Korea. Accordingly, effective March 9, 2016, the Commission, pursuant to section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)), instituted antidumping duty investigation No. 731-TA-1314 (Preliminary).

    Notice of the institution of the Commission's investigation and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of March 15, 2016 (81 FR 13822). The conference was held in Washington, DC, on March 30, 2016, and all persons who requested the opportunity were permitted to appear in person or by counsel.

    The Commission made this determination pursuant to section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)). It completed and filed its determination in this investigation on April 25, 2016. The views of the Commission are contained in USITC Publication 4608 (May 2016), entitled Phosphor Copper from Korea: Investigation No. 731-TA-1314 (Preliminary).

    Issued: April 26, 2016.

    By order of the Commission.

    Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2016-10055 Filed 4-28-16; 8:45 am] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives [OMB Number 1140-0091] Agency Information Collection Activities; Proposed eCollection eComments Requested; National Response Team Customer Satisfaction Survey AGENCY:

    Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.

    ACTION:

    60-Day notice.

    SUMMARY:

    The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

    DATES:

    Comments are encouraged and will be accepted for 60 days until June 28, 2016.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Jennifer George, Fire Investigations and Arson Enforcement Division, ATF NCETR, Corporal Road, Building 3750 Redstone Arsenal, Huntsville, Alabama 35898 at: [email protected]

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and

    • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of This Information Collection 1140-0091

    1. Type of Information Collection: Revision of a currently approved collection.

    2. The Title of the Form/Collection: National Response Team Customer Satisfaction Survey.

    3. The agency form number, if any, and the applicable component of the Department sponsoring the collection:

    Form number: None.

    Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice.

    4. Affected public who will be asked or required to respond, as well as a brief abstract:

    Primary: Individuals or households.

    Other: None.

    Abstract: The National Response Team (NRT) survey is used to support a Bureau performance measure and to assess strengths and weaknesses of a major program of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

    5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 20 respondents will take 10 minutes to complete the survey.

    6. An estimate of the total public burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 5 hours.

    If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 3E-405B, Washington, DC 20530.

    Dated: April 26, 2016. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2016-10057 Filed 4-28-16; 8:45 am] BILLING CODE 4410-FY-P
    DEPARTMENT OF JUSTICE Revised Notice of Lodging of Proposed Consent Decree Second Modification Under the Clean Water Act

    On April 1, 2016, the Department of Justice lodged a proposed Consent Decree Second Modification with the United States District Court for the District of New Hampshire in the lawsuit entitled United States, State of New Hampshire, and Conservation Law Foundation v. City of Portsmouth, NH, Civil Action No. 09-cv-283-PB.

    The Consent Decree Second Modification is a modification to the 2009 Clean Water Act Consent Decree that was entered into by the United States, State of New Hampshire, and the City. This Consent Decree Second Modification, signed by the original parties and intervenor-plaintiff Conservation Law Foundation, revises Portsmouth's schedule for constructing secondary wastewater treatment facilities that had been set forth in a 2013 Consent Decree Modification. The Consent Decree Second Modification also establishes enhanced reporting obligations and mitigation requirements designed to counter the harm to the Piscataqua River and Great Bay estuary caused by delayed implementation of secondary treatment.

    The publication of this revised notice extends the period for public comment on the Consent Decree Second Modification. All comments must be submitted no later than thirty (30) days after the publication date of this revised notice. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States, State of New Hampshire, and Conservation Law Foundation v. City of Portsmouth, NH, D.J. Ref. No. 90-5-1-1-09308. Comments may be submitted either by email or by mail:

    To submit comments: Send them to: By email [email protected]. By mail Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    During the public comment period, the Consent Decree Second Modification may be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Consent Decree Second Modification upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Please enclose a check or money order for $4.00 (25 cents per page reproduction cost) payable to the United States Treasury.

    Jeffrey K. Sands, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
    [FR Doc. 2016-10104 Filed 4-28-16; 8:45 am] BILLING CODE 4410-15-P
    DEPARTMENT OF JUSTICE [OMB Number 1140-0070] Agency Information Collection Activities; Proposed eCollection eComments Requested; Application for Explosives License or Permit (ATF F 5400.13/5400.16) AGENCY:

    Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.

    ACTION:

    60-Day notice.

    SUMMARY:

    The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

    DATES:

    Comments are encouraged and will be accepted for 60 days until June 28, 2016.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Shawn Stevens, ATF Industry Liaison, Chief, Federal Explosives Licensing Center, 244 Needy Road, Martinsburg, WV 25405, at telephone: 877-283-3352.

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and

    • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of This Information Collection

    1. Type of Information Collection (check justification or form 83-I): Extension, without change, of a currently approved collection.

    2. The Title of the Form/Collection: Application for Explosives License or Permit.

    3. The agency form number, if any, and the applicable component of the Department sponsoring the collection:

    Form number (if applicable): (ATF F 5400.13/5400.16).

    Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice.

    4. Affected public who will be asked or required to respond, as well as a brief abstract:

    Primary: Business or other for profit.

    Other (if applicable): Individuals or households.

    Abstract: Chapter 40, Title 18, U.S.C., provides that any person engaged in the business of explosive materials as a dealer, manufacturer, or importer shall be licensed (18 U.S.C. 842(a)(1)).

    5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 10,200 respondents will take 1.5 hours to complete the form.

    6. An estimate of the total public burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 15,300 hours.

    If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 3E-405B, Washington, DC 20530.

    Dated: April 26, 2016. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2016-10101 Filed 4-28-16; 8:45 am] BILLING CODE 4410-FY-P
    DEPARTMENT OF JUSTICE [OMB Number 1110-0006] Agency Information Collection Activities; Proposed eCollection eComments Requested; Controlled Substances Import/Export Declaration AGENCY:

    Federal Bureau of Investigation, Department of Justice.

    ACTION:

    30-Day notice.

    SUMMARY:

    The Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Division (CJIS) will be submitting the following Information Collection Request to the Office of Management and Budget (OMB) for review and clearance in accordance with the established review procedures of the Paperwork Reduction Act of 1995. This proposed information collection was previously published in the Federal Register at 81 FR 9505, on February 25, 2016, allowing for a 60 day comment period.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until May 31, 2016.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Mr. Samuel Berhanu, Unit Chief, Federal Bureau of Investigation, CJIS Division, Module E-3, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306; facsimile (304) 625-3566. Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to [email protected].

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and/or —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection

    1. Type of Information Collection: Extension of a currently approved collection.

    2. The Title of the Form/Collection: Law Enforcement Officers Killed and Assaulted.

    3. The agency form number: 1-705.

    4. Affected public who will be asked or required to respond, as well as a brief abstract:

    Primary: City, country, state, federal and tribal law enforcement agencies.

    Other: Federal, State, local or tribal government.

    Abstract: Under Title 28, U.S. Code, Section 534, Acquisition, Preservation, and Exchange of Identification Records; Appointment of Officials, 1930, this collection requests Law Enforcement Officers Killed or Assaulted data from city, county, state, federal, and tribal law enforcement agencies in order for the FBI UCR Program to serve as the national clearinghouse for the collection and dissemination of crime data to publish these statistics in the Law Enforcement officers Killed and Assaulted publication.

    5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: There are approximately 18,498 law enforcement agency respondents; calculated estimates indicate 7 per report.

    6. An estimate of the total public burden (in hours) associated with the collection: There are approximately 162,235 hours, annual burden, associated with this information collection.

    If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405B, Washington, DC 20530.

    Dated: April 26, 2016. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2016-10058 Filed 4-28-16; 8:45 am] BILLING CODE 4410-02-P
    DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

    On April 22, 2016, the Department of Justice lodged a proposed Consent Decree in the United States District Court for the Middle District of Louisiana in the lawsuit titled United States and Louisiana Department of Environmental Quality v. ORB Exploration, LLC, Civil Action No. 16-260-JJB-RLB.

    This case concerns three oil spills, one in 2013 and two in 2015, at locations in the Atchafalaya River Basin, from oil production facilities owned and operated by ORB Exploration, LLC (ORB), as well as ORB's failure to comply with a Coast Guard order issued during the cleanup of one of the spills or with certain Spill Prevention, Control, and Countermeasure (SPCC) regulations promulgated by the Environmental Protection Agency under the CWA. The largest spill occurred in 2013 at ORB's facilities located at Frog Lake in Iberville Parish, near Baton Rouge, Louisiana, when a corroded transfer pipeline ruptured and spilled a large amount of crude oil, estimated at more than 1,000 barrels, into a flooded wetland area. The second spill occurred in September of 2015, also at ORB's Frog Lake facilities. The third spill occurred in October of 2015 at an ORB facility at Crocodile Bayou in St. Martin Parish, Louisiana. The SPCC violations were discovered during a May 2015 inspection of ORB's oil storage barge at Frog Lake.

    In the Complaint, the United States alleges violations of Sections 301(a), 311(b)(7)(A) or (D), 311(b)(7)(B)(ii) and 311(b)(7)(C) of the CWA, 33 U.S.C. 1311(a), 1321(b)(7)(A) or (D), 1321(b)(7)(B)(ii), and 1321(b)(7)(C). In addition, the Louisiana Department of Environmental Quality (LDEQ) alleges violations of La. R. S. 30:2076(A)(1) and (3), and Louisiana Administrative Code sections 33:IX.501.A, 33:IX.1701.B, 33:I.3915.A.3, and 33:I.3925.A, for the discharges of oil and ORB's failures to file a timely report or provide updated notice to the state hotline for reporting spills. The Complaint seeks the assessment of civil penalties, State response costs, and injunctive relief for the alleged violations. The proposed Consent Decree resolves the civil penalty, State response cost, and injunctive relief claims of the United States and LDEQ for the causes of action alleged in the Complaint by requiring ORB to perform corrective measures focused on spill detection and prevention and pay federal civil penalties of $615,000 and State civil penalties and response costs of $100,000.

    The publication of this notice opens a period for public comment on the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and Louisiana Department of Environmental Quality v. ORB Exploration, LLC, D.J. Ref. No. 90-5-1-1-11281. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

    To submit comments: Send them to: By email [email protected]. By mail Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    During the public comment period, the proposed Consent Decree may be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the proposed Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Please enclose a check or money order for $7.50 (25 cents per page reproduction cost) payable to the United States Treasury.

    Jeffrey K. Sands, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
    [FR Doc. 2016-10105 Filed 4-28-16; 8:45 am] BILLING CODE 4410-15-P
    DEPARTMENT OF JUSTICE [OMB Number 1121-0219] Agency Information Collection Activities: Proposed eCollection; eComments Requested Extension, Without Change, of a Currently Approved Collection Juvenile Residential Facility Census (JRFC) AGENCY:

    Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs.

    ACTION:

    30-Day notice.

    SUMMARY:

    The Department of Justice (DOJ), Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until May 31, 2016.

    FOR FURTHER INFORMATION CONTACT:

    If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Brecht Donoghue, (202) 305-1270, Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice, 810 Seventh Street NW., Washington, DC 20531. Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to [email protected].

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of this information collection:

    (1) Type of information collection: Extension, without change, of a currently approved collection.

    (2) The title of the form/collection: Juvenile Residential Facility Census.

    (3) The agency form number, if any, and the applicable component of the Department sponsoring the collection: The form number is CJ-15, Office of Juvenile Justice and Delinquency Prevention, United States Department of Justice.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Federal Government, State, Local or Tribal. Other: Not-for-profit institutions; Business or other for-profit.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that 2,429 respondents will complete a 2-hour questionnaire.

    (6) An estimate of the total public burden (in hours) associated with the collection: Approximately 4,858 hours.

    If additional information is required, contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Suite 3E.405B, Washington, DC 20530.

    Dated: April 26, 2016. Jerri Murray, Department Clearance Officer, U.S. Department of Justice.
    [FR Doc. 2016-10059 Filed 4-28-16; 8:45 am] BILLING CODE 4410-18-P
    DEPARTMENT OF JUSTICE National Institute of Justice [OJP (NIJ) Docket No. 1709] Draft Test Procedures for the Gun Safety Technology Challenge AGENCY:

    National Institute of Justice, Office of Justice, Programs, Department of Justice.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The National Institute of Justice (NIJ) seeks feedback from the public on the draft test procedures developed for the Gun Safety Technology Challenge, published here: http://www.nij.gov/funding/pages/fy16-gun-safety-challenge.aspx. The document describes test methods to provide a basis to determine whether the addition of a smart gun technology does or does not significantly reduce the reliability of the firearm system compared to existing firearms.

    DATES:

    Comments must be received by 5 p.m. Eastern Time on June 13, 2016.

    How to Respond and What to Include: The draft test procedures document in both Word and pdf formats can be found here: http://www.nij.gov/funding/pages/fy16-gun-safety-challenge.aspx. To submit comments, please send an email to [email protected] Please indicate the page number, section number, and the line number associated with each comment. Comments may also be provided as a markup of the Word document. Please provide contact information with the submission of comments.

    SUPPLEMENTARY INFORMATION:

    NIJ was tasked with supporting the President's Plan to Reduce Gun Violence, specifically:

    “The President is directing the Attorney General to work with technology experts to review existing and emerging gun safety technologies, and to issue a report on the availability and use of those technologies. In addition, the Administration will issue a challenge to the private sector to develop innovative and cost-effective gun safety technology and provide prizes for those technologies that are proven to be reliable and effective.”

    In support of this Executive action, NIJ has conducted a technology assessment and market survey of existing and emerging gun safety technologies that would be of interest to the law enforcement and criminal justice communities and others with an interest in gun safety and advanced firearm technology. These firearms or firearms accessories can be understood to use integrated components that exclusively permit an authorized user or set of users to operate or fire the gun and automatically deactivate it under a set of specific circumstances, reducing the chances of accidental or purposeful use by an unauthorized user. The integrated gun safety technology may include different authentication technologies, such as radio frequency identification and fingerprint sensors.

    A report published in June 2013 by NIJ entitled A Review of Gun Safety Technologies (https://www.ncjrs.gov/pdffiles1/nij/242500.pdf) examined existing and emerging gun safety technologies, and their availability and use, to provide a comprehensive perspective on firearms with integrated advanced safety technologies. Following the report, NIJ published a Federal Register Notice (https://federalregister.gov/a/2014-27368) to receive information regarding which firearms and firearms accessories, that incorporate advanced safety technologies, could be made available by industry for testing and evaluation in the Challenge.

    NIJ now seeks an objective demonstration of the reliability of firearms available today with advanced gun safety technology integrated into the firearm. The reliability of firearms with integrated advanced safety technologies has been cited as a concern regarding the potential performance and user acceptance of products that may incorporate such technologies, as discussed in the 2013 NIJ report. It is anticipated that the results of the Challenge will provide a basis to improve the general understanding of whether the addition of a smart gun technology does or does not significantly reduce the reliability of the firearm system compared to existing firearms. It is believed that this is the first effort to apply a methodology to provide a rigorous and scientific assessment of the technical performance characteristics of these types of firearms.

    With this Challenge, manufacturers and developers of (1) firearms that incorporate advanced safety technologies or (2) firearms accessories utilizing advanced safety technologies that are intended to modify firearms were able to submit their products for testing and evaluation. The Challenge is designed to proceed in an escalated manner in three stages, including an informational and safety review, light duty single product testing, and more heavy duty expanded product testing. To assess the reliability of smart gun technology, the U.S. Army Aberdeen Test Center (ATC) plans to perform firearm testing and evaluation. The Challenge was published on October 7, 2015, and closed to submissions on January 5, 2016.

    NIJ hopes to better understand the effect of smart gun technology on the reliability of the firearm versus the same or similar firearms without the added safety technology. This Challenge seeks “apples to apples” comparisons to the greatest extent possible. Testing and evaluation is designed to prioritize the collection and use of data that can substantiate conclusions about the relative performance of firearms, so that firearms with and without advanced gun safety technology that are similar with respect to type, form factor, caliber, and other physical characteristics are tested and evaluated using a common methodology and equivalent ammunition. Testing and evaluation is not designed to provide comparison of test results against absolute performance requirements or safety criteria, but rather to provide a meaningful comparison of test results of one firearm against another similar firearm, or a firearm with and without a relevant safety accessory.

    Nancy Rodriguez, Director, National Institute of Justice.
    [FR Doc. 2016-10121 Filed 4-28-16; 8:45 am] BILLING CODE 4410-18-P
    DEPARTMENT OF LABOR Mine Safety and Health Administration [OMB Control No. 1219-0140] Proposed Extension of Information Collection; High-Voltage Continuous Mining Machines Standards for Underground Coal Mines AGENCY:

    Mine Safety and Health Administration, Labor.

    ACTION:

    Request for public comments.

    SUMMARY:

    The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed collections of information in accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A). This program helps to assure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments on the information collection for High-Voltage Continuous Mining Machines Standards for Underground Coal Mines.

    DATES:

    All comments must be received on or before June 28, 2016.

    ADDRESSES:

    Comments concerning the information collection requirements of this notice may be sent by any of the methods listed below.

    Federal E-Rulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments for docket number MSHA-2016-0010.

    Regular Mail: Send comments to USDOL-MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, VA 22202-5452.

    Hand Delivery: USDOL-Mine Safety and Health Administration, 201 12th Street South, Suite 4E401, Arlington, VA 22202-5452. Sign in at the receptionist's desk on the 4th floor via the East elevator.

    FOR FURTHER INFORMATION CONTACT:

    Sheila McConnell, Director, Office of Standards, Regulations, and Variances, MSHA, at [email protected] (email); 202-693-9440 (voice); or 202-693-9441 (facsimile).

    SUPPLEMENTARY INFORMATION: I. Background

    This information collection maintains the safe use of high-voltage continuous mining machines in underground coal mines by requiring records of testing, examination and maintenance on machines to reduce fire, electrical shock, ignition and operation hazards.

    II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information collection related to High-Voltage Continuous Mining Machines Standards for Underground Coal Mines. MSHA is particularly interested in comments that:

    • Evaluate whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility;

    • Evaluate the accuracy of MSHA's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;

    • Suggest methods to enhance the quality, utility, and clarity of the information to be collected; and

    • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    The information collection request will be available on http://www.regulations.gov. MSHA cautions the commenter against providing any information in the submission that should not be publicly disclosed. Full comments, including personal information provided, will be made available on www.regulations.gov and www.reginfo.gov.

    The public may also examine publicly available documents at USDOL-Mine Safety and Health Administration, 201 12th South, Suite 4E401, Arlington, VA 22202-5452. Sign in at the receptionist's desk on the 4th floor via the East elevator.

    Questions about the information collection requirements may be directed to the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice.

    III. Current Actions

    This request for collection of information contains provisions for High-Voltage Continuous Mining Machines Standards for Underground Coal Mines. MSHA has updated the data with respect to the number of respondents, responses, burden hours, and burden costs supporting this information collection request.

    Type of Review: Extension, without change, of a currently approved collection.

    Agency: Mine Safety and Health Administration.

    OMB Number: 1219-0140.

    Affected Public: Business or other for-profit.

    Number of Respondents: 2.

    Frequency: On occasion.

    Number of Responses: 4,810.

    Annual Burden Hours: 148 hours.

    Annual Respondent or Recordkeeper Cost: $0.

    Comments submitted in response to this notice will be summarized and included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record.

    Sheila McConnell, Certifying Officer.
    [FR Doc. 2016-10169 Filed 4-28-16; 8:45 am] BILLING CODE 4510-43-P
    LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 16-CRB-0010-SD (2014)] Distribution of 2014 Satellite Royalty Funds AGENCY:

    Copyright Royalty Board, Library of Congress.

    ACTION:

    Notice requesting comments.

    SUMMARY:

    The Copyright Royalty Judges solicit comments on a motion of Phase I claimants for partial distribution of 2014 satellite royalty funds.

    DATES:

    Comments are due on or before May 31, 2016.

    ADDRESSES:

    Interested claimants must submit comments to only one of the following addresses. Unless responding by email or online, claimants must submit an original, five paper copies, and an electronic version on a CD.

    Email: [email protected]; or

    U.S. mail: Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024-0977; or

    Overnight service (only USPS Express Mail is acceptable): Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024-0977; or

    Commercial courier: Address package to: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, LM-403, 101 Independence Avenue SE., Washington, DC 20559-6000. Deliver to: Congressional Courier Acceptance Site, 2nd Street NE. and D Street NE., Washington, DC; or

    Hand delivery: Library of Congress, James Madison Memorial Building, LM-401, 101 Independence Avenue SE., Washington, DC 20559-6000.

    FOR FURTHER INFORMATION CONTACT:

    Kim Whittle, Attorney Advisor, by telephone at (202) 707-7658 or email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Each year satellite systems must submit royalty payments to the Register of Copyrights as required by the statutory license set forth in section 119 of the Copyright Act for the retransmission to satellite subscribers of over-the-air television broadcast signals. See 17 U.S.C. 119(b). The Copyright Royalty Judges (Judges) oversee distribution of royalties to copyright owners whose works were included in a qualifying transmission and who timely filed a claim for royalties.

    Allocation of the royalties collected occurs in one of two ways. In the first instance, the Judges may authorize distribution in accordance with a negotiated settlement among all claiming parties. 17 U.S.C. 119(b)(5)(A), 801(b)(3)(A). If all claimants do not reach an agreement with respect to the royalties, the Judges must conduct a proceeding to determine the distribution of any royalties that remain in controversy. 17 U.S.C. 119(b)(5)(B), 801(b)(3)(B). Alternatively, the Judges may, on motion of claimants and on notice to all interested parties, authorize a partial distribution of royalties, reserving on deposit sufficient funds to resolve identified disputes. 17 U.S.C. 119(b)(5)(C), 801(b)(3)(C).

    On March 11, 2016, representatives of the Phase I claimant categories (the “Phase I Claimants”) 1 filed with the Judges a motion requesting a partial distribution amounting to 60% of the 2014 satellite royalty funds pursuant to section 801(b)(3)(C) of the Copyright Act. 17 U.S.C. 801(b)(3)(C). That section requires that, before ruling on the motion, the Judges publish a notice in the Federal Register seeking responses to the motion for partial distribution to ascertain whether any claimant entitled to receive the subject royalties has a reasonable objection to the requested distribution. Accordingly, this Notice seeks comments from interested claimants on whether any reasonable objection exists that would preclude the distribution of 60% of the 2014 satellite royalty funds to the Phase I Claimants. Parties objecting to the proposed partial distribution must advise the Judges of the existence and extent of all their objections by the end of the comment period. The Judges will not consider any objections with respect to the partial distribution motion that come to their attention after the close of the comment period.

    1 The “Phase I Claimants” are Program Suppliers, Joint Sports Claimants, Broadcaster Claimants Group, Music Claimants (represented by American Society of Composers, Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.), and Devotional Claimants.

    The Motion of the Phase I Claimants for Partial Distribution is posted on the Copyright Royalty Board Web site at http://www.loc.gov/crb.

    Dated: April 26, 2016. Suzanne M. Barnett, Chief U.S. Copyright Royalty Judge.
    [FR Doc. 2016-10094 Filed 4-28-16; 8:45 am] BILLING CODE 1410-72-P
    NATIONAL SCIENCE FOUNDATION Public Availability of the National Science Foundation FY 2015 Service Contract Inventory and Associated Documents AGENCY:

    National Science Foundation.

    ACTION:

    Notice of public availability of FY 2015 service contract inventories and associated documents.

    SUMMARY:

    In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010 (Pub. L. 111-117), the National Science Foundation is publishing this notice to advise the public of the availability of (1) the FY 2015 Service Contract Inventory Detail, (2) the FY 2015 Service Contract Inventory Summary, (3) the FY 2014 Service Contract Inventory Analysis Report, (4) the FY 2015 Service Contract Inventory Supplement Report and, (5) the FY 2015 Plan for Analyzing the Service Contract Inventory. This inventory provides information on service contract actions over $25,000 that were made in FY 2015. The information is organized by function to show how contracted resources are distributed throughout the agency. The inventory has been developed in accordance with guidance issued on November 5, 2010, and December 19, 2011, by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). OFPP's guidance is available at http://www.whitehouse.gov/sites/default/files/omb/procurement/memo/service-contract-inventories-guidance-11052010.pdf and http://www.whitehouse.gov/sites/default/files/omb/procurement/memo/service-contract-inventory-guidance.pdf. The National Science Foundation has posted its (1) FY 2015 Service Contract Inventory Detail, (2) FY 2015 Service Contract Inventory Summary, (3) FY 2014 Service Contract Inventory Analysis Report, (4) FY 2015 Service Contract Inventory Supplement Report and (5) FY 2015 Plan for Analyzing the Service Contract Inventory on the National Science Foundation homepage at the following links:

    http://www.nsf.gov/publications/pub_summ.jsp?ods_key=nsf16069 (Service Contract Inventory Detail for FY 2015) http://www.nsf.gov/publications/pub_summ.jsp?ods_key=nsf16078 (Service Contract Inventory Summary for FY 2015) http://www.nsf.gov/publications/pub_summ.jsp?ods_key=nsf16073 (Service Contract Inventory Analysis Report for FY 2014) http://www.nsf.gov/publications/pub_summ.jsp?ods_key=nsf16075 (Service Contract Inventory Supplement Report for FY2015) http://www.nsf.gov/publications/pub_summ.jsp?ods_key=nsf16079 (Plan for Analyzing the Service Contract Inventory for FY 2015)
    FOR FURTHER INFORMATION CONTACT:

    Questions regarding the service contract inventory should be directed to Richard Pihl in the BFA/DACS at 703-292-7395 or [email protected]

    Dated: April 26, 2016. Suzanne Plimpton, Reports Clearance Officer, National Science Foundation.
    [FR Doc. 2016-10052 Filed 4-28-16; 8:45 am] BILLING CODE 7555-01-P
    NATIONAL SCIENCE FOUNDATION Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978 AGENCY:

    National Science Foundation.

    ACTION:

    Notice of permit applications received under the Antarctic Conservation Act of 1978, Public Law 95-541.

    SUMMARY:

    The National Science Foundation (NSF) is required to publish a notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 670 of the Code of Federal Regulations. This is the required notice of permit applications received.

    DATES:

    Interested parties are invited to submit written data, comments, or views with respect to this permit application by May 31, 2016. This application may be inspected by interested parties at the Permit Office, address below.

    ADDRESSES:

    Comments should be addressed to Permit Office, Room 755, Division of Polar Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, Virginia 22230.

    FOR FURTHER INFORMATION CONTACT:

    Nature McGinn, ACA Permit Officer, at the above address or [email protected]

    SUPPLEMENTARY INFORMATION:

    The National Science Foundation, as directed by the Antarctic Conservation Act of 1978 (Pub. L. 95-541), as amended by the Antarctic Science, Tourism and Conservation Act of 1996, has developed regulations for the establishment of a permit system for various activities in Antarctica and designation of certain animals and certain geographic areas a requiring special protection. The regulations establish such a permit system to designate Antarctic Specially Protected Areas.

    Application Details 1. Applicant Permit Application: 2017-002. Deneb Karentz, Department of Biology, University of San Francisco, San Francisco, CA 94117. Activity for Which Permit Is Requested

    Introduce non-indigenous species into Antarctica. Gene cloning kits that contain the bacterium Escherichia coli will be used in the Palmer Station laboratory for genomic research, specifically to investigate genetic characteristics of bacteria and protists from seawater samples. The E. coli will be handled with standard laboratory safety protocols, they will not be released into the environment, and they will be killed by autoclaving per routine procedures. This permit is being requested for research activities under the NSF-funded grant entitled “Collaborative research: Biological adaptations to environmental change in Antarctica—An advanced training program for early-career scientists.”

    Location

    Palmer Station, Anvers Island and McMurdo Station, Ross Island, Antarctica.

    Dates

    June 24, 2016-March 1, 2018.

    Nadene G. Kennedy, Polar Coordination Specialist, Division of Polar Programs.
    [FR Doc. 2016-10054 Filed 4-28-16; 8:45 am] BILLING CODE 7555-01-P
    NATIONAL SCIENCE FOUNDATION Sunshine Act Meetings; National Science Board

    The National Science Board, pursuant to NSF regulations (45 CFR part 614), the National Science Foundation Act, as amended, (42 U.S.C. 1862n-5), and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice of the scheduling of meetings for the transaction of National Science Board business as follows:

    DATE AND TIME:

    May 5, 2016 from 8:00 a.m. to 4:30 p.m., and May 6, 2016 from 8:00 a.m. to 2:30 p.m. EDT.

    PLACE:

    These meetings will be held at the National Science Foundation, 4201 Wilson Blvd., Room 1235, Arlington, VA 22230. All visitors must contact the Board Office (call 703-292-7000 or send an email to [email protected]) at least 24 hours prior to the meeting and provide your name and organizational affiliation. Visitors must report to the NSF visitor's desk in the lobby of the 9th and N. Stuart Street entrance to receive a visitor's badge.

    WEBCAST INFORMATION:

    Public meetings and public portions of meetings will be webcast. To view the meetings, go to http://www.tvworldwide.com/events/nsf/160505/ and follow the instructions.

    UPDATES:

    Please refer to the National Science Board Web site for additional information. Meeting information and schedule updates (time, place, subject matter, and status of meeting) may be found at http://www.nsf.gov/nsb/meetings/notices.jsp.

    AGENCY CONTACT:

    Ron Campbell, [email protected], 703-292-7000.

    PUBLIC AFFAIRS CONTACT:

    Nadine Lymn, [email protected], 703-292-2490.

    STATUS:

    Portions open; portions closed.

    OPEN SESSIONS:

    May 5, 2016 8:00-8:30 a.m.—Plenary introduction, NSB Chair and NSF Director Reports 8:30-9:30 a.m.—Committee on Programs and Plans (CPP) 9:30-9:45 a.m.—Subcommittee on Facilities (SCF) 9:45-10:25 a.m.—Task Force on NEON Performance and Plans (NPP) 10:55-11:15 a.m.—Plenary speaker, NSB Public Service awardee 11:15-11:35 a.m.—Plenary speaker, Vannevar Bush awardee 11:35-11:55 a.m.—Plenary speaker, Alan T. Waterman awardee 3:05-4:30 p.m.—Committee on Audit and Oversight (A&O) May 6, 2016 8:00-9:00 a.m.—Committee on Science and Engineering Indicators (SEI) 9:00-9:45 a.m.—Committee on Strategy and Budget (CSB) 1:00-2:30 p.m.—(Plenary) CLOSED SESSIONS:

    May 5, 2016 10:25-10:40 a.m. (NPP) 1:00-2:55 p.m. (CPP) May 6, 2016 9:45-10:15 a.m. (CSB) 10:15-11:30 a.m. (Plenary) 11:30 a.m.-12:00 p.m. (Plenary executive) MATTERS TO BE DISCUSSED:

    Thursday, May 5, 2016 Plenary Board Meeting Open Session: 8:00-8:30 a.m. • Introduction and NSB Chair's report • NSF Director's report Committee on Programs and Plans (CPP) Open Session: 8:30-9:30 a.m. • CPP Chair's opening remarks • Approval of open CPP minutes for February 2016, and joint open CPP, CSB, and SCF minutes for February 2016 • Calendar year 2016 schedule of planned action and information items for NSB review: Update for the May 2016 meeting • An overview of Computer and Information Science and Engineering (CISE) infrastructure investments and directorate programs • CPP Chair's closing remarks Subcommittee on Facilities (SCF)