Federal Register Vol. 81, No.89,

Federal Register Volume 81, Issue 89 (May 9, 2016)

Page Range27983-28686
FR Document

81_FR_89
Current View
Page and SubjectPDF
81 FR 28107 - Sunshine Act Meetings; National Science BoardPDF
81 FR 28154 - Environmental Impact Statement for the California High Speed Rail System San Francisco to San Jose Section, CAPDF
81 FR 27983 - National Day of Prayer, 2016PDF
81 FR 28088 - Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0049PDF
81 FR 28094 - Information Collection Request to Office of Management and Budget; OMBPDF
81 FR 28089 - Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0066PDF
81 FR 28091 - Information Collection Request[s] to Office of Management and Budget; OMB Control Number: 1625-newPDF
81 FR 28090 - Collection of Information Under Review by Office of Management and Budget; OMB Control Numbers: 1625-0023PDF
81 FR 28093 - Collection of Information Under Review by Office of Management and Budget; OMB Control Number: 1625-0027PDF
81 FR 28092 - Collection of Information Under Review by Office of Management and Budget; OMB Control Number: 1625-0052PDF
81 FR 28019 - Safety Zone: San Francisco State Graduation Fireworks Display, San Francisco, CAPDF
81 FR 28136 - Qualification of Drivers; Exemption Applications; VisionPDF
81 FR 28119 - Qualification of Drivers; Exemption Applications; Implantable Cardioverter DefibrillatorsPDF
81 FR 28054 - Quadrennial Energy Review: Notice of Public MeetingsPDF
81 FR 28121 - Qualification of Drivers; Exemption Applications; Diabetes MellitusPDF
81 FR 28100 - Proposed Habitat Conservation Plan/Natural Community Conservation Plan for Western Butte County, California: Environmental Impact StatementPDF
81 FR 28102 - Public Land Order No. 7852; Withdrawal of Public Land for the Buffalo Bill Dam and Reservoir; WyomingPDF
81 FR 28054 - Meeting of the Ocean Research Advisory PanelPDF
81 FR 28048 - Notice of Request To Renew an Approved Information Collection (Import of Undenatured Inedible Product)PDF
81 FR 28049 - Retail Exemptions Adjusted Dollar LimitationsPDF
81 FR 28051 - Foreign-Trade Zone (FTZ) 26-Atlanta, Georgia; Notification of Proposed Production Activity; Eastman Kodak Company; Subzone 26N (Aluminum Printing Plates); Columbus, GeorgiaPDF
81 FR 28069 - Sulfoxaflor; Receipt of Application for Emergency Exemption, Solicitation of Public CommentPDF
81 FR 28113 - In the Matter of the Designation of Musa Abu Dawud, aka Moussa Abu Daoud, aka Moussa Bourahla, aka Abou Daoud, aka Bourahla Moussa, as a Specially Designated Global Terrorist Pursuant to Section 1(b) of Executive Order 13224, as AmendedPDF
81 FR 28113 - Bureau of Political-Military Affairs; Modification of Statutory Debarment Imposed Pursuant to Section 127.7(c) of the International Traffic in Arms Regulations-Rocky Mountain Instrument CompanyPDF
81 FR 28114 - Notice of Availability of the Draft Environmental Assessment and Preliminary Finding of No Significant Impact for the NuStar Burgos Pipelines Presidential Permit Applications Review, Hidalgo County, TexasPDF
81 FR 28050 - Public Availability of Department of Commerce FY 2015 Service Contract InventoryPDF
81 FR 28158 - Notice of Request for the Extension of a Currently Approved Information CollectionPDF
81 FR 28157 - Notice of Request for the Extension of a Currently Approved Information CollectionPDF
81 FR 28031 - State Safety Oversight; CorrectionsPDF
81 FR 28102 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public InterestPDF
81 FR 28112 - Notice of Information Collection Under OMB Emergency Review: Employee Self Certification and Ability To Perform in Emergencies (ESCAPE) ProgramPDF
81 FR 28052 - Marine Mammals; File Nos. 19436 and 19592PDF
81 FR 28032 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands Management AreaPDF
81 FR 28140 - Agency Request for Regular Processing of Collection of Information by the Office of Management and BudgetPDF
81 FR 28071 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
81 FR 28040 - Eligibility Requirements for Minor Dependents To Attend DoD Domestic Dependent Elementary and Secondary Schools (DDESS)PDF
81 FR 28115 - Hours of Service (HOS) of Drivers; American Pyrotechnics Ass'n. (APA) Application for Exemption From the 14-Hour Rule; Extension of Current APA Exemption PeriodPDF
81 FR 28072 - Medicare and Medicaid Programs; Quarterly Listing of Program Issuances-January Through March 2016PDF
81 FR 28108 - Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on Digital I&C; Cancellation of the May 17, 2016, ACRS Subcommittee MeetingPDF
81 FR 28069 - Information Collection Being Reviewed by the Federal Communications CommissionPDF
81 FR 28109 - Advisory Committee on Reactor Safeguards (ACRS) Meeting of the ACRS Subcommittee on T-H Phenomena; Notice of MeetingPDF
81 FR 28101 - U.S. Extractive Industries Transparency Initiative Multi-Stakeholder Group (USEITI MSG) Advisory Committee Meetings Change NoticePDF
81 FR 28109 - Submission of Information Collection for OMB Review; Comment Request; Administrative AppealsPDF
81 FR 28106 - Notice of Information CollectionPDF
81 FR 28106 - NASA Advisory Council; Science Committee; Planetary Science Subcommittee; Meeting.PDF
81 FR 28095 - Agency Information Collection Activities: Declaration of Owner and Declaration of Consignee When Entry Is Made by an AgentPDF
81 FR 28096 - Agency Information Collection Activities: African Growth and Opportunity Act Certificate of OriginPDF
81 FR 28047 - Office of the Under Secretary, Research, Education, and Economics; Notice of the Advisory Committee on Biotechnology and 21st Century Agriculture MeetingPDF
81 FR 28105 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Workforce Innovation and Opportunity Act Common Performance Reporting; CorrectionPDF
81 FR 28052 - Public Availability of Consumer Product Safety Commission FY 2015 Service Contract InventoryPDF
81 FR 28053 - Commission Agenda and Priorities; Notice of HearingPDF
81 FR 28097 - Agency Information Collection Activities: Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act, Form I-191; Revision of a Currently Approved CollectionPDF
81 FR 28065 - Record of Decision for the San Luis Transmission Project (DOE/EIS-0496)PDF
81 FR 28056 - Public Availability of Department of Energy FY 2015 Service Contract InventoryPDF
81 FR 28035 - The Food and Drug Administration Food Safety Modernization Act: Focus on Strategic Implementation of Prevention-Oriented Import Safety Programs; Public MeetingsPDF
81 FR 28083 - Streamlining Regulations for Good Manufacturing Practices for Hearing Aids; Public Workshop; Extension of Comment PeriodPDF
81 FR 28138 - Qualification of Drivers; Exemption Applications; VisionPDF
81 FR 28130 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure DisordersPDF
81 FR 28131 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure DisordersPDF
81 FR 28134 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure DisordersPDF
81 FR 28107 - Comment Request: National Science Foundation Proposal-Large Facilities ManualPDF
81 FR 28120 - Qualification of Drivers; Application for Exemptions; HearingPDF
81 FR 28100 - Renewal of Agency Information Collection for Indian Self-Determination and Education Assistance ContractsPDF
81 FR 28059 - Saddlehorn Pipeline Company, LLC; Notice of Amended Petition for Declaratory OrderPDF
81 FR 28056 - Notice of ComplaintPDF
81 FR 28065 - MidAmerican Energy Company; Notice of Institution of Section 206 Proceeding and Refund Effective DatePDF
81 FR 28060 - Atlantic Coast Pipeline, LLC; Supplemental Notice of Intent To Prepare an Environmental Impact Statement and Proposed Land and Resource Plan Amendment(s) for the Proposed Atlantic Coast Pipeline, Request for Comments on Environmental Issues Related to New Route and Facility Modifications, and Notice of Public Scoping MeetingsPDF
81 FR 28051 - Sanctuary System Business Advisory Council: Public MeetingPDF
81 FR 28087 - National Institute of Dental & Craniofacial Research; Notice of Closed MeetingPDF
81 FR 28086 - National Institute on Drug Abuse; Notice of Closed MeetingsPDF
81 FR 28087 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingsPDF
81 FR 28086 - Government-Owned Inventions; Availability for LicensingPDF
81 FR 28087 - Center for Scientific Review; Notice of Closed MeetingsPDF
81 FR 28085 - Agency Information Collection Activities; Proposed Collection; Public Comment RequestPDF
81 FR 28154 - Northeast Corridor Safety Advisory Committee; Notice of MeetingPDF
81 FR 28018 - Drawbridge Operation Regulation; Youngs Bay, Astoria, ORPDF
81 FR 28105 - Extension of Comment Period for Proposed Revisions to the LSC Grant Assurances for Calendar Year 2017 Basic Field GrantsPDF
81 FR 28065 - Indicated RTO Transmission Owners; Notice of Petiton for Declaratory OrderPDF
81 FR 28064 - Combined Notice of FilingsPDF
81 FR 28057 - Combined Notice of Filings #1PDF
81 FR 28084 - Advisory Committee; Anesthetic and Analgesic Drug Products Advisory Committee, RenewalPDF
81 FR 28103 - Certain Overflow and Drain Assemblies for Bathtubs and Components Thereof: Institution of InvestigationPDF
81 FR 28110 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees SchedulePDF
81 FR 28068 - Agency Information Collection Activities OMB ResponsesPDF
81 FR 28037 - Equal Access to Housing in HUD's Native American and Native Hawaiian Programs-Regardless of Sexual Orientation or Gender IdentityPDF
81 FR 28097 - Filipino World War II Veterans Parole PolicyPDF
81 FR 28071 - Update to Notice of Financial Institutions for Which the Federal Deposit Insurance Corporation Has Been Appointed Either Receiver, Liquidator, or ManagerPDF
81 FR 28070 - Notice to All Interested Parties of the Termination of the Receivership of 10490 Bank of Jackson County, Graceville, FloridaPDF
81 FR 28158 - Increase in Maximum Tuition and Fee Amounts Payable Under the Post-9/11 GI BillPDF
81 FR 27985 - United States Standards for Grades of Canned Baked BeansPDF
81 FR 28104 - Certain Corrosion-Resistant Steel Products From China, India, Italy, Korea, and Taiwan: Revised Hearing SchedulePDF
81 FR 28046 - United States Standards for Grades of CauliflowerPDF
81 FR 27992 - Cargo Securing ManualsPDF
81 FR 28115 - Meeting of the Regional Energy Resource CouncilPDF
81 FR 28033 - Airworthiness Directives; Airbus AirplanesPDF
81 FR 28112 - Council on Underserved Communities Advisory BoardPDF
81 FR 28071 - Change in Medicaid and CHIP Payment and Access Commission TermsPDF
81 FR 27989 - Airworthiness Directives; The Boeing Company AirplanesPDF
81 FR 28658 - Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government EntitiesPDF
81 FR 28022 - Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan ZonePDF
81 FR 27986 - Airworthiness Directives; Airbus AirplanesPDF
81 FR 28162 - Medicare Program; Merit-Based Incentive Payment System (MIPS) and Alternative Payment Model (APM) Incentive Under the Physician Fee Schedule, and Criteria for Physician-Focused Payment ModelsPDF
81 FR 28588 - Energy Conservation Program for Certain Commercial and Industrial Equipment: Test Procedure for Commercial Water Heating EquipmentPDF

Issue

81 89 Monday, May 9, 2016 Contents Agricultural Marketing Agricultural Marketing Service RULES United States Standards for Grades of Canned Baked Beans, 27985 2016-10743 NOTICES United States Standards for Grades of Cauliflower, 28046-28047 2016-10741 Agriculture Agriculture Department See

Agricultural Marketing Service

See

Food Safety and Inspection Service

NOTICES Meetings: Advisory Committee on Biotechnology and 21st Century Agriculture, 28047-28048 2016-10807
Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Merit-Based Incentive Payment System and Alternative Payment Model Incentive under the Physician Fee Schedule, and Criteria for Physician-Focused Payment Models, 28162-28586 2016-10032 NOTICES Medicare and Medicaid Programs: Quarterly Listing of Program Issuances: January through March 2016, 28072-28083 2016-10819 Coast Guard Coast Guard RULES Cargo Securing Manuals, 27992-28018 2016-10725 Drawbridge Operations: Youngs Bay, Astoria, OR, 28018-28019 2016-10772 Safety Zones: Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone, 28022-28031 2016-10306 San Francisco State Graduation Fireworks Display, San Francisco, CA, 28019-28022 2016-10892 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28088-28095 2016-10895 2016-10896 2016-10897 2016-10898 2016-10899 2016-10900 2016-10901 Commerce Commerce Department See

Foreign-Trade Zones Board

See

National Oceanic and Atmospheric Administration

NOTICES FY 2015 Service Contract Inventory, 28050-28051 2016-10840
Consumer Product Consumer Product Safety Commission NOTICES FY 2015 Service Contract Inventory, 28052-28053 2016-10805 Public Hearings: Commission Agenda and Priorities, 28053-28054 2016-10804 Defense Department Defense Department See

Navy Department

PROPOSED RULES Eligibility Requirements for Minor Dependents to Attend Department of Defense Domestic Dependent Elementary and Secondary Schools, 28040-28045 2016-10821
Energy Department Energy Department See

Federal Energy Regulatory Commission

See

Western Area Power Administration

PROPOSED RULES Energy Conservation Program for Certain Commercial and Industrial Equipment: Test Procedure for Commercial Water Heating Equipment, 28588-28655 2016-09539 NOTICES FY 2015 Service Contract Inventory, 28056 2016-10801 Meetings: Quadrennial Energy Review, 28054-28056 2016-10874
Environmental Protection Environmental Protection Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28068 2016-10755 Applications for Emergency Exemptions: Sulfoxaflor, 28069 2016-10845 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 27986-27989 2016-10287 The Boeing Company Airplanes, 27989-27992 2016-10524 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 28033-28035 2016-10633 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28069-28070 2016-10817 Federal Deposit Federal Deposit Insurance Corporation NOTICES Financial Institutions for Which the Federal Deposit Insurance Corporation has been Appointed Either Receiver, Liquidator, or Manager, 28071 2016-10749 Terminations of Receivership: 10490 Bank of Jackson County, Graceville, FL, 28070 2016-10748 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 28057-28059, 28064 2016-10767 2016-10768 Complaints: Belmont Municipal Light Department v. Central Maine Power Co., 28056-28057 2016-10786 Environmental Impact Statements; Availability, etc.: Atlantic Coast Pipeline, LLC, 28060-28064 2016-10784 Petitions for Declaratory Orders: Indicated RTO Transmission Owners, 28065 2016-10769 Saddlehorn Pipeline Co., LLC, 28059-28060 2016-10787 Refund Effective Dates: MidAmerican Energy Co., 28065 2016-10785 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers; Exemption Applications: American Pyrotechnics Association; Extension, 28115-28118 2016-10820 Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 28121-28130 2016-10873 Epilepsy and Seizure Disorders, 28130-28135 2016-10794 2016-10795 2016-10796 Hearing, 28120-28121 2016-10789 Implantable Cardioverter Defibrillators, 28119-28120 2016-10875 Vision, 28136-28140 2016-10797 2016-10891 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28140-28153 2016-10831 Environmental Impact Statements; Availability, etc.: California High Speed Rail System San Francisco to San Jose Section, CA, 28154-28157 2016-10959 Meetings: Northeast Corridor Safety Advisory Committee, 28154 2016-10774 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 28071 2016-10828 Federal Transit Federal Transit Administration RULES State Safety Oversight; Corrections, 28031-28032 2016-10836 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28157-28158 2016-10837 2016-10838 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Proposed Habitat Conservation Plan/Natural Community Conservation Plan for Western Butte County, CA, 28100 2016-10863 Food and Drug Food and Drug Administration PROPOSED RULES Food and Drug Administration Food Safety Modernization Act Focus on Strategic Implementation of Prevention-Oriented Import Safety Programs; Meeting, 28035-28037 2016-10799 NOTICES Charter Renewals: Anesthetic and Analgesic Drug Products Advisory Committee, 28084-28085 2016-10766 Streamlining Regulations for Good Manufacturing Practices for Hearing Aids; Public Workshop, 28083-28084 2016-10798 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Import of Undenatured Inedible Product, 28048-28049 2016-10855 Retail Exemptions Adjusted Dollar Limitations, 28049-28050 2016-10849 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities: Eastman Kodak Co., Subzone 26N, Columbus, GA, 28051 2016-10846 Government Accountability Government Accountability Office NOTICES Change in Medicaid and CHIP Payment and Access Commission Terms, 28071-28072 2016-10535 Health and Human Health and Human Services Department See

Centers for Medicare & Medicaid Services

See

Food and Drug Administration

See

National Institutes of Health

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28085-28086 2016-10775
Homeland Homeland Security Department See

Coast Guard

See

U.S. Citizenship and Immigration Services

See

U.S. Customs and Border Protection

Housing Housing and Urban Development Department PROPOSED RULES Equal Access, 28037-28040 2016-10753 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Indian Self-Determination and Education Assistance Contracts, 28100-28101 2016-10788 Interior Interior Department See

Fish and Wildlife Service

See

Indian Affairs Bureau

See

Land Management Bureau

NOTICES Meetings: U.S. Extractive Industries Transparency Initiative Multi-Stakeholder Group Advisory Committee, 28101-28102 2016-10814
International Trade Com International Trade Commission NOTICES Complaints: Certain Digital Video Receivers and Hardware and Software Components Thereof, 28102-28103 2016-10835 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Corrosion-Resistant Steel Products from China, India, Italy, Korea, and Taiwan; Revised Hearing Schedule, 28104 2016-10742 Certain Overflow and Drain Assemblies for Bathtubs and Components Thereof, 28103-28104 2016-10764 Justice Department Justice Department PROPOSED RULES Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local Government Entities, 28658-28686 2016-10464 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Workforce Innovation and Opportunity Act Common Performance Reporting; Correction, 28105 2016-10806 Land Land Management Bureau NOTICES Public Land Orders: Withdrawal of Public Land for the Buffalo Bill Dam and Reservoir, WY, 28102 2016-10862 Legal Legal Services Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: LSC Grant Assurances for Calendar Year 2017 Basic Field Grants, 28105-28106 2016-10770 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28106 2016-10812 Meetings: NASA Advisory Council; Science Committee; Planetary Science Subcommittee, 28106 2016-10811 National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 28086-28087 2016-10777 Meetings: Center for Scientific Review, 28087-28088 2016-10776 National Institute of Allergy and Infectious Diseases, 28087 2016-10778 National Institute of Dental and Craniofacial Research, 28087 2016-10780 National Institute on Drug Abuse, 28086 2016-10779 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area, 28032 2016-10832 NOTICES Environmental Impact Statements; Availability, etc.: Proposed Habitat Conservation Plan/Natural Community Conservation Plan for Western Butte County, CA, 28100 2016-10863 Meetings: Sanctuary System Business Advisory Council, 28051-28052 2016-10782 Permits: Marine Mammals; File Nos. 19436 and 19592, 28052 2016-10833 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Science Foundation Proposal: Large Facilities Manual, 28107-28108 2016-10793 Meetings; Sunshine Act, 28107 2016-10991 Navy Navy Department NOTICES Meetings: Ocean Research Advisory Panel, 28054 2016-10857 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Digital IandC; Cancellation, 28108-28109 2016-10818 Advisory Committee on Reactor Safeguards Subcommittee on T-H Phenomena, 28109 2016-10815 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Administrative Appeals, 28109-28110 2016-10813 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Day of Prayer (Proc. 9441), 27983-27984 2016-10952 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 28110-28112 2016-10758 Small Business Small Business Administration NOTICES Meetings: Council on Underserved Communities Advisory Board, 28112 2016-10546 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Self Certification and Ability to Perform in Emergencies Program, 28112-28113 2016-10834 Designations as Global Terrorists: Musa Abu Dawud, aka Moussa Abu Daoud, aka Moussa Bourahla, et al., 28113 2016-10844 Environmental Assessments; Availability, etc.: NuStar Burgos Pipelines Presidential Permit Applications Review, Hidalgo County, TX, 28114-28115 2016-10841 License Applications: Rocky Mountain Instrument Co.: Bureau of Political-Military Affairs; Modification of Statutory Debarment Imposed Pursuant to the International Traffic in Arms Regulations, 28113-28114 2016-10843 Tennessee Tennessee Valley Authority NOTICES Meetings: Regional Energy Resource Council, 28115 2016-10723 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Motor Carrier Safety Administration

See

Federal Railroad Administration

See

Federal Transit Administration

U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Relief under the Immigration and Nationality Act, 28097 2016-10803 Filipino World War II Veterans Parole Policy, 28097-28100 2016-10750 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: African Growth and Opportunity Act Certificate of Origin, 28096 2016-10809 Declaration of Owner and Declaration of Consignee when Entry is made by an Agent, 28095-28096 2016-10810 Veteran Affairs Veterans Affairs Department NOTICES Increase in Maximum Tuition and Fee Amounts Payable under the Post-9/11 GI Bill, 28158-28159 2016-10744 Western Western Area Power Administration NOTICES Records of Decisions: San Luis Transmission Project, 28065-28068 2016-10802 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 28162-28586 2016-10032 Part III Energy Department, 28588-28655 2016-09539 Part IV Justice Department, 28658-28686 2016-10464 Reader Aids

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

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

81 89 Monday, May 9, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 52 [Document Number AMS-FV-14-0016, FV-16-326] United States Standards for Grades of Canned Baked Beans AGENCY:

Agricultural Marketing Service, USDA.

ACTION:

Final notice.

SUMMARY:

This document revises the United States Standards for Grades of Canned Baked Beans. The U.S. Department of Agriculture (USDA), Agricultural Marketing Service (AMS) revised the standards to replace process-specific language “Product Description” in the standard with language reflective of current canned baked bean manufacturing practices. Additionally, AMS separated the canned dried beans, canned pork and beans, and canned baked beans grade standards from one shared standard document into three separate documents. These revisions bring the grade standards for canned baked beans in line with the present quality levels being marketed today and provide guidance in the effective use of these products.

DATES:

Effective: June 8, 2016.

FOR FURTHER INFORMATION CONTACT:

Brian E. Griffin, Agricultural Marketing Specialist, Specialty Crops Inspection Division, Specialty Crops Program, Agricultural Marketing Service, U.S. Department of Agriculture, 1400 Independence Avenue SW., Room 1536, South Building; STOP 0240, Washington, DC 20250; telephone (202) 720-5021; fax (202) 690-1527; or, email [email protected] Copies of the revised U.S. Standards for Grades of Canned Baked Beans are available on the Internet at http://www.regulations.gov or http://www.ams.usda.gov/.

SUPPLEMENTARY INFORMATION:

Section 203(c) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), as amended, directs and authorizes the Secretary of Agriculture “to develop and improve standards of quality, condition, quantity, grade, and packaging, and recommend and demonstrate such standards in order to encourage uniformity and consistency in commercial practices.”

AMS is committed to carrying out this authority in a manner that facilitates the marketing of agricultural commodities and makes copies of official standards available upon request. The U.S. standards for grades of fruits and vegetables that are not connected with Federal marketing orders or U.S. import requirements no longer appear in the Code of Federal Regulations, but are maintained by USDA, AMS, Specialty Crops Program, and are available on the Internet at: http://www.ams.usda.gov/.

AMS revised the voluntary U.S. Standards for Grades of Canned Baked Beans using the procedures that appear in part 36 of Title 7 of the Code of Federal Regulations (7 CFR part 36).

Background

In September 2013, AMS received a petition from a professor emeritus in food science at Michigan State University asking the Agency to consider revising the current U.S. grade standards for canned baked beans to account for advances in industry processing technology. The petitioner requested the removal of the following text from the Product Description: “The product is prepared by washing, soaking, and baking by the application of dry heat in open or loosely covered containers in a closed oven at atmospheric pressure for sufficient prolonged time to produce a typical texture and flavor” and replacing it with: “The product is prepared by heating beans and sauce in a closed or open container for a period of time sufficient to provide texture, flavor, color, and consistency attributes that are typical for this product.”

Additional proposed changes to the U.S. Standards for Grades of Canned Baked Beans included separating the shared standard for canned dried beans, canned pork and beans, and canned baked beans into three individual standard documents and make minor editorial changes. These grade standards are recognized as three individual standards, but are contained in one document.

AMS published a proposed notice in the Federal Register on August 19, 2015 (80 FR 50262) with a 60-day public comment period. AMS received one comment in favor of the proposed changes to the canned baked bean standards.

This notice announces revisions to the third issuance of the U.S. Standards for Grades of Canned Baked Beans, which became effective on September 1, 1976, as follows:

Product Description. The text for § 52.6461 Product Description is revised to be: “The product is prepared by washing, soaking, and baking beans and sauce through the application of heat in a closed or open container for a period of time sufficient to provide texture, flavor, color, and consistency attributes that are typical for this product.”

Additionally, the U.S. Standards for Grades of Canned Dried Beans, Canned Pork and Beans, and Canned Baked Beans are separated into individual documents for the canned dried beans grade standards, canned pork and beans grade standards, and canned baked beans grade standards. There are no changes to the content of the canned dried beans or canned pork and beans grade standards.

The official grade of a lot of canned baked beans covered by these standards will be determined by the procedures set forth in the Regulations Governing Inspection and Certification of Processed Products, Thereof, and Certain Other Processed Food Products (7 CFR 52.1 to 52.83).

The revisions to the canned baked bean grade standard in this notice provide a common language for trade and better reflect the current marketing of canned baked beans. The changes are effective June 8, 2016.

Authority:

7 U.S.C. 1621-1627.

Dated: May 3, 2016. Elanor Starmer, Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2016-10743 Filed 5-6-16; 8:45 am] BILLING CODE 3410-02-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-4808; Directorate Identifier 2014-NM-134-AD; Amendment 39-18509; AD 2016-09-11] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain Airbus Model A330-200, -200 Freighter, and -300 series airplanes; and Model A340-200 and -300 series airplanes. This AD was prompted by reports that cracks were found on an adjacent hole of certain frames of the center wing box (CWB). This AD requires removing fasteners, doing a rototest inspection of fastener holes, installing new fasteners, oversizing the holes and doing rototest inspections for cracks if necessary, and repairing any cracking that is found. We are issuing this AD to detect and correct cracking on certain holes of certain frames of the CWB that could affect the structural integrity of the airplane.

DATES:

This AD becomes effective June 13, 2016.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of June 13, 2016.

ADDRESSES:

For service information identified in this final rule, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; Internet http://www.airbus.com. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-4808.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-4808; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus Model A330-200, -200 Freighter, and -300 series airplanes; and Model A340-200 and -300 series airplanes. The NPRM published in the Federal Register on November 2, 2015 (80 FR 67348) (“the NPRM”). We are issuing this AD to detect and correct cracking on certain holes of certain frames of the CWB, which could affect the structural integrity of the airplane.

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0149, dated June 13, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus Model A330-200, -200 Freighter, and -300 series airplanes; and Model A340-200 and -300 series airplanes. The MCAI states:

During accomplishment of A330 Airworthiness Limitation Item (ALI) task 57-11-04 on the rear fitting of the Frame (FR) 40 between stringers 38 and 39 on both [left-hand] LH/[right-hand] RH sides, cracks were found on an adjacent hole. After reaming at second oversize of the subject hole, the crack was still present.

Other crack findings on this adjacent hole have been reported on A330 and A340-200/300 aeroplanes as a result of sampling inspections.

This condition, if not detected and corrected, could affect the structural integrity of the aeroplane.

For the reasons described above, this [EASA] AD requires removal of the fasteners and repetitive rototest inspections of fastener holes at FR40 vertical web located above Center Wing Box (CWB) lower panel reference and/or below CWB lower panel reference on both sides and, depending on findings, accomplishment of the applicable corrective actions.

Note: These holes affected by this [EASA] AD are different from the ones affected by EASA AD 2009-0001 [http://ad.easa.europa.eu/blob/easa_ad_2009_0001.pdf/AD_2009-0001_1].

Required actions also include oversizing certain holes, installing new fasteners, and repairing any cracking that is found. The initial compliance times range from 13,500 to 30,900 flight cycles, or 57,000 to 162,000 flight hours, depending on airplane operation and utilization. The repetitive compliance times are 7,400 flight cycles/24,300 flight hours or 5,950 flight cycles/40,400 flight hours from ALI embodiment. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-4808.

Change Made to the Format of Paragraph (g) of This AD

At the request of the Office of the Federal Register, we have revised the format of paragraph (g) of this AD by converting the table to text. This change to the format does not affect the requirements of that paragraph.

Comments

We gave the public the opportunity to participate in developing this AD. We considered the comment received. The commenter, Bowen Gass, supported the NPRM.

Conclusion

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

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

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

Related Service Information Under 1 CFR Part 51

Airbus has issued the following service information. The service information describes procedures for removing the fasteners and doing a repetitive rototest inspection of fastener holes at FR40 vertical web on both sides, installing new fasteners in transition fit, and oversizing the holes.

• Airbus Service Bulletin A330-57-3114, dated March 12, 2013.

• Airbus Service Bulletin A330-57-3115, dated April 4, 2013.

• Airbus Service Bulletin A330-57-3116, dated March 12, 2013.

• Airbus Service Bulletin A340-57-4123, dated March 12, 2013.

• Airbus Service Bulletin A340-57-4124, Revision 01, dated August 22, 2013.

• Airbus Service Bulletin A340-57-4125, dated March 12, 2013.

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

Costs of Compliance

We estimate that this AD affects 35 airplanes of U.S. registry.

We also estimate that it will take about 78 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $0 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $232,050, per inspection cycle, or $6,630 per product, per inspection cycle.

In addition, we estimate that any necessary follow-on actions will take about 98 work-hours and require parts costing $136,400, for a cost of up to $144,730 per product. We have no way of determining the number of aircraft that might need this action.

Authority for This Rulemaking

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

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

Regulatory Findings

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

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-09-11 Airbus: Amendment 39-18509. Docket No. FAA-2015-4808; Directorate Identifier 2014-NM-134-AD. (a) Effective Date

This AD becomes effective June 13, 2016.

(b) Affected ADs

None.

(c) Applicability

This AD applies to the airplanes identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category, all manufacturer serial numbers, except those on which Airbus Modification (Mod) 55792 or Mod 55306 has been embodied in production, and except those on which Airbus Repair Instruction R57115092 has been embodied in service on both right-hand (RH) and left-hand (LH) sides.

(1) Airbus Model A330-201, -202, -203, -223, -223F, -243 -243F, -301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes.

(2) Airbus Model A340-211, -212, -213, -311, -312, and -313 airplanes.

(d) Subject

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

(e) Reason

This AD was prompted by reports that cracks were found on an adjacent hole of certain frames of the center wing box (CWB). We are issuing this AD to detect and correct cracking on certain holes of the CWB, which could affect the structural integrity of the airplane.

(f) Compliance

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

(g) Inspection

Do a rototest inspection of the fastener holes at the frame (FR) 40 vertical web, on both sides, as specified in paragraphs (g)(1) through (g)(6) of this AD, except as required by paragraph (k) of this AD.

(1) For Model A330-300 series airplanes in pre-mod 44360 configuration: At the later of the times specified in paragraphs (g)(1)(i) and (g)(1)(ii) of this AD, inspect below the CWB lower panel reference, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-57-3114, dated March 12, 2013.

(i) At the applicable time specified in paragraph 1.E., “Compliance” of Airbus Service Bulletin A330-57-3114, dated March 12, 2013.

(ii) Within 2,400 flight cycles or 24 months after the effective date of this AD, whichever occurs first.

(2) For Model A330-200 series airplanes in post-mod 44360 and pre-mod 49202 configuration: At the later of the times specified in paragraphs (g)(2)(i) and (g)(2)(ii) of this AD, inspect below the CWB lower panel reference, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-57-3116, dated March 12, 2013.

(i) At the applicable time specified in paragraph 1.E., “Compliance,” of Airbus Service Bulletin A330-57-3116, dated March 12, 2013.

(ii) Within 2,400 flight cycles or 24 months after the effective date of this AD, whichever occurs first.

(3) For Model A330-200 and -300 series airplanes in pre-mod 55306 and pre-mod 55792 configuration: At the later of the times specified in paragraphs (g)(3)(i) and (g)(3)(ii) of this AD, inspect above the CWB lower panel reference, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-57-3115, dated April 4, 2013.

(i) At the applicable time specified in paragraph 1.E., “Compliance” of Airbus Service Bulletin A330-57-3115, dated April 4, 2013.

(ii) Within 2,400 flight cycles or 24 months after the effective date of this AD, whichever occurs first.

(4) For Model A340-200 and -300 series airplanes in pre-mod 44360 configuration: At the later of the times specified in paragraphs (g)(4)(i) and (g)(4)(ii) of this AD, inspect below the CWB lower panel reference, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A340-57-4123, dated March 12, 2013.

(i) At the applicable time specified in paragraph 1.E., “Compliance” of Airbus Service Bulletin A330-57-4123, dated March 12, 2013.

(ii) Within 1,300 flight cycles or 24 months after the effective date of this AD, whichever occurs first.

(5) For Model A340-200 and -300 series airplanes in pre-mod 55306 and pre-mod 55792 configuration: At the later of the times specified in paragraphs (g)(5)(i) and (g)(5)(ii) of this AD, inspect above the CWB lower panel reference, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A340-57-4124, Revision 01, dated August 22, 2013.

(i) At the applicable time specified in paragraph 1.E., “Compliance,” of Airbus Service Bulletin A340-57-4124, Revision 01, dated August 22, 2013.

(ii) Within 1,300 flight cycles or 24 months after the effective date of this AD, whichever occurs first.

(6) For Model A340-200 and -300 series airplanes in post-mod 44360 and pre-mod 49202 configuration: At the later of the times specified in paragraphs (g)(6)(i) and (g)(6)(ii) of this AD, inspect below the CWB lower panel reference, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A340-57-4125, dated March 12, 2013.

(i) At the applicable time specified in paragraph 1.E., “Compliance,” of Airbus Service Bulletin A340-57-4125, dated March 12, 2013.

(ii) Within 1,300 flight cycles or 24 months after the effective date of this AD, whichever occurs first.

(h) Follow-on Actions: No Cracking

If no crack is found during any inspection required by paragraph (g) of this AD, do the actions specified in paragraphs (h)(1) and (h)(2) of this AD.

(1) Before further flight, install new fasteners in the transition fit, in accordance with the Accomplishment Instructions of the applicable service information identified in paragraph (g) of this AD.

(2) Repeat the inspection required by paragraph (g) of this AD thereafter at the applicable time identified in paragraph 1.E., “Compliance,” of the applicable service information identified in paragraph (g) of this AD.

(i) Follow-on Actions for Crack Findings

If any crack is found during any inspection required by paragraph (g) of this AD: Before further flight, oversize the holes to the first oversize in comparison with the current hole diameter, and do a rototest inspection for cracks, in accordance with the Accomplishment Instructions of the applicable service information identified in paragraph (g) of this AD.

(1) If no cracking is found during the rototest inspection required by paragraph (i) of this AD, do the actions specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this AD.

(i) Before further flight: Install new fasteners in the transition fit, in accordance with the Accomplishment Instructions of the applicable service information identified in paragraph (g) of this AD.

(ii) Repeat the inspection required by paragraph (g) of this AD thereafter at the applicable time identified in paragraph 1.E., “Compliance,” of the applicable service information identified in paragraph (g) of this AD.

(2) If cracking is found during the rototest inspection required by paragraph (i) of this AD: Before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA).

(j) Terminating Action Specifications

Accomplishment of the initial and repetitive inspections required by this AD terminates accomplishment of Airworthiness Limitation Items Tasks 57-11-04 and 57-11-02 of the Airworthiness Limitation Section (ALS) Part 2, Damage Tolerant Airworthiness Limitation Items (DT ALI).

(1) Installation of new fasteners, as specified in paragraph (h)(1) of this AD, does not terminate the repetitive inspections required by paragraph (g) of this AD.

(2) Accomplishment of the corrective actions specified in the introductory text of paragraph (i) and paragraph (i)(1) of this AD does not terminate the repetitive inspections required by paragraph (g) of this AD.

(3) Accomplishment of the repair specified in paragraph (i)(2) of this AD does not terminate repetitive inspections required by paragraph (g) of this AD, unless the approved repair method specifies otherwise.

(k) Exceptions to Service Information

(1) If the applicable service information identified in paragraph (g) of this AD specifies contacting Airbus for appropriate action: Before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA; or Airbus's EASA DOA.

(2) Where paragraph 1.E., “Compliance,” of the applicable service information specified in paragraph (g) of this AD specifies a compliance time in terms of a “Threshold” and “Grace Period,” this AD requires compliance at the later of the applicable threshold and grace period.

(3) Where paragraph 1.E., “Compliance,” of the applicable service information specified in paragraph (g) of this AD specifies a threshold as “before next flight,” this AD requires compliance before the next flight after the applicable finding.

(l) Credit for Previous Actions

This paragraph provides credit for actions required by paragraphs (g) and (i) of this AD, if those actions were performed before the effective date of this AD using the applicable service information specified in paragraph (l)(1), (l)(2), (l)(3), (l)(4), (l)(5), (l)(6), (l)(7), (l)(8), or (l)(9) of this AD. This service information is not incorporated by reference in this AD.

(1) Airbus Technical Disposition LR57D11023270, Issue B, dated July 12, 2011.

(2) Airbus Technical Disposition LR57D11029171, Issue B, dated September 6, 2011.

(3) Airbus Technical Disposition LR57D11029173, Issue B, dated September 6, 2011.

(4) Airbus Technical Disposition LR57D11030741, Issue B, dated September 22, 2011.

(5) Airbus Technical Disposition LR57D11029170, Issue C, dated September 6, 2011.

(6) Airbus Technical Disposition LR57D11023714, Issue B, dated July 12, 2011.

(7) Airbus Technical Disposition LR57D11029172, Issue B, dated September 6, 2011.

(8) Airbus Technical Disposition LR57D11030740, Issue C, dated September 22, 2011.

(9) Airbus Service Bulletin A340-57-4124, dated April 4, 2013.

(m) Other FAA AD Provisions

The following provisions also apply to this AD:

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

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

(n) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0149, dated June 13, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-4808.

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

(o) Material Incorporated by Reference

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

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

(i) Airbus Service Bulletin A330-57-3114, dated March 12, 2013.

(ii) Airbus Service Bulletin A330-57-3115, dated April 4, 2013.

(iii) Airbus Service Bulletin A330-57-3116, dated March 12, 2013.

(iv) Airbus Service Bulletin A340-57-4123, dated March 12, 2013.

(v) Airbus Service Bulletin A340-57-4124, Revision 01, dated August 22, 2013.

(vi) Airbus Service Bulletin A340-57-4125, dated March 12, 2013.

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

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

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

Issued in Renton, Washington, on April 21, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-10287 Filed 5-6-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0246; Directorate Identifier 2014-NM-187-AD; Amendment 39-18511; AD 2016-09-13] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-300, -400, and -500 series airplanes. This AD was prompted by reports of fatigue cracking found at the left-side and right-side upper frames, at a certain area. This AD requires repetitive medium frequency eddy current (MFEC) inspections for cracking of the left-side and right-side upper frames, and repair (including open hole high frequency eddy current (HFEC) inspections for cracking of fastener holes) if necessary. This AD also provides an optional preventive modification, which terminates the repetitive inspections at the modified location. We are issuing this AD to detect and correct fatigue cracking of the upper frame, which can grow in size and result in a severed frame, leading to rapid decompression and consequent reduced structural integrity of the airplane.

DATES:

This AD is effective June 13, 2016.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 13, 2016.

ADDRESSES:

For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0264.

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-2015-0246; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Galib Abumeri, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712-4137; phone: 562-627-5324; fax: 562-627-5210; email: [email protected]

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 737-300, -400, and -500 series airplanes. The NPRM published in the Federal Register on February 24, 2015 (80 FR 9667) (“the NPRM”). The NPRM was prompted by reports of fatigue cracking found at the left-side and right-side upper frame, at a certain area. The NPRM proposed to require repetitive MFEC inspections for cracking of the left-side and right-side upper frames, and repair (including open hole HFEC inspections for cracking of fastener holes) if necessary. The NPRM also provided an optional preventative modification that would terminate the repetitive inspections at the modified location. We are issuing this AD to detect and correct fatigue cracking of the upper frame, which can grow in size and result in a severed frame, leading to rapid decompression and consequent reduced structural integrity of the airplane.

Comments

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

Requests To Clarify Compliance Time

Europe Airpost and Boeing requested that we revise the NPRM to clarify the “Condition” column of table 1 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, which specifies airplanes with certain flight cycles “on the original issue date of this service bulletin.” The commenters questioned whether the corresponding compliance time should be “on the effective date of the AD.”

For the reasons suggested by both commenters, we agree to add paragraph (i)(3) to this AD to state that the corresponding reference point is on the effective date of this AD, and we have included reference to paragraph (i)(3) in all appropriate paragraphs in this AD.

Request for Clarify Inspection Requirements

Boeing requested that we revise paragraph (g) of the proposed AD to address the inspection requirements in areas of an existing repair to eliminate cracking approved by a Boeing Organization Designation Authorization (ODA) via FAA Form 8100-9. Boeing explained that this condition is addressed in note (c) of table 1 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, and that it effectively terminates the initial and repetitive inspections required by paragraph (g) of the proposed AD for previously installed frame repairs approved by the Boeing ODA via FAA Form 8100-9. Boeing requested that the proposed AD address the terminating action for this repair condition.

We agree that clarification is necessary. Boeing ODA-approved repairs installed prior to the effective date of this AD are acceptable to terminate the initial and repetitive inspections in the area under the repair. We have revised paragraph (g) of this AD accordingly, and added a new paragraph (g)(1) in this AD.

Request To Clarify Required for Compliance (RC) Requirements

Southwest Airlines requested that we clarify paragraph (l)(4) of the proposed AD. Southwest Airlines explained that note 15 in paragraph 3.A., “General Information,” of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, states that steps in the Work Instructions that are identified as RC must be accomplished once the actions specified in Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, becomes mandated by an AD. Southwest Airlines stated that note 15 also states that deviations to steps that are not identified as RC do not require approval of an Alternative Method of Compliance (AMOC). Southwest Airlines stated that paragraph (l)(4) of the proposed AD specifies that any service information that is identified as RC requires AMOC approval except as required by paragraph (i)(1) of the proposed AD. Paragraph (k) of the proposed AD states that the post-repair and post-modification inspections are not mandated by the AD, so it is unclear whether the proposed AD would require the operator to contact Boeing if there are crack findings during the post-repair and post-modification inspections, and whether or not the resulting repairs are subject to the requirements of the AD.

We agree to provide clarification. Paragraph (k) of this AD states that the post-repair and post-modification inspections specified in tables 4 and 5 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, are not required by this AD (tables 4 and 5 correspond to Parts 6 and 7, respectively, of the service information.). The RC steps in those parts are also not required by this AD. Any cracking found—whether during accomplishment of the actions required by an AD or during routine maintenance—is required by 14 CFR 43.13(b) to be repaired before further flight. However, for clarity, we have revised paragraph (i)(1) of this AD to refer only to Part 3 and Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014. In addition, we have revised paragraph (l)(4) of this AD to refer to Part 2, Part 3, and Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014.

Request To Address Repairs for Damage Other Than Cracking

Southwest Airlines stated that the NPRM does not specifically address existing repairs that prevent accomplishment of the inspections proposed in paragraph (g) of the proposed AD. Note (c) in table 1 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, specifies that an ODA-approved repair, via FAA Form 8100-9, installed to eliminate previously found cracking, eliminates the need for the repetitive inspections at the repaired locations. Southwest requested that we revise the NPRM to apply this provision to repairs for damage other than cracking. Southwest Airlines also requested that we specifically state that any repair approved by Boeing via an FAA 8100-9 combined with approval of an AMOC to paragraph (h) of the proposed AD terminates both the initial and repetitive inspections required by paragraph (g) of the proposed AD.

We agree to add clarification regarding initial and repetitive inspections. To provide additional clarification in the rule we have revised the wording in paragraphs (g) and (h) of this AD. Also, we agree to revise the NPRM to include in this final rule, the provision for repairs for cracking in paragraph (g)(1) of this AD, and the provision for repairs that were installed for damage other than cracking that have been re-evaluated and approved by the Boeing ODA with an FAA Form 8100-9 combined with an AMOC statement, in paragraph (g)(2) of this AD.

Effect of Winglets on the Accomplishment of the Proposed Actions

Aviation Partners Boeing stated that accomplishing Supplemental Type Certificate (STC) ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf) does not affect the actions specified in the NPRM.

We concur with the commenter. We have redesignated paragraph (c) of the proposed AD as paragraph (c)(1) in this AD, and have added new paragraph (c)(2) to this AD to state that installation of STC ST01219SE does not affect the ability to accomplish the actions required by this final rule. Therefore, for airplanes on which STC ST01219SE is installed, a “change in product” AMOC approval request is not necessary to comply with the requirements of 14 CFR 39.17.

Change to Paragraph (k) of This AD

We have revised paragraph (k) of this AD to clarify that the post-modification inspections are airworthiness limitations that are required by maintenance and operational rules; therefore, these inspections are not required by this AD.

Conclusion

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

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

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

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

Related Service Information Under 1 CFR Part 51

Boeing has issued Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014. The service information describes procedures for repetitive MFEC inspections for cracking, repair the cracking including doing an open hole HFEC inspections for cracking of the holes, and an optional modification of an inspection area including open hole and surface HFEC inspections for cracking of the area to be modified. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

We estimate that this AD affects 109 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Inspections 14 work-hours × $85 per hour = $1,190 per inspection cycle $0 $1,190 per inspection cycle $129,710 per inspection cycle. Preventive modification (optional) 15 work-hours × $85 per hour = $1,275 0 $1,275 $138,975.

We estimate the following costs to do any necessary on-condition actions that would be required based on the results of the inspection. We have no way of determining the number of aircraft that might need these actions:

On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Repair and open hole HFEC inspection 36 work-hours × $85 per hour = $3,060 $0 $3,060
    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-09-13 The Boeing Company: Amendment 39-18511; Docket No. FAA-2015-0246; Directorate Identifier 2014-NM-187-AD. (a) Effective Date

    This AD is effective June 13, 2016.

    (b) Affected ADs

    None.

    (c) Applicability

    (1) This AD applies to The Boeing Company Model 737-300, -400, and -500 series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014.

    (2) Installation of Supplemental Type Certificate (STC) ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf) does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01219SE is installed, a “change in product” alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17.

    (d) Subject

    Air Transport Association (ATA) of America Code 53: Fuselage.

    (e) Unsafe Condition

    This AD was prompted by reports of fatigue cracking found at the left-side and right-side upper frames, at station 360 between stringer 13 and stringer 14. We are issuing this AD to detect and correct fatigue cracking of the upper frame, which can grow in size and result in a severed frame, leading to rapid decompression and consequent reduced structural integrity of the airplane.

    (f) Compliance

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

    (g) Repetitive Inspections for Cracking

    Except as required by paragraphs (i)(2) and (i)(3) of this AD: At the applicable times specified in table 1 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, do a medium frequency eddy current (MFEC) inspection for cracking on the left-side and right-side of the upper frame at station 360 between stringer 13 and stringer 14, in accordance with Part 2 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014. If no cracking is found, repeat the inspections at the applicable times specified in table 1 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014. Accomplishment of the actions specified in paragraph (j) of this AD terminates the repetitive inspections required by this paragraph at the modified area only. The initial and repetitive inspections required by this paragraph may be terminated in the area under repairs installed prior to the effective date of this AD, provided they meet the requirements of paragraph (g)(1) or (g)(2) of this AD.

    (1) Repairs were installed to eliminate previously found cracking and were approved by the Boeing Organization Designation Authorization (ODA) with an FAA Form 8100-9.

    (2) Repairs were installed for damage other than cracking that have been re-evaluated and approved by the Boeing ODA with an FAA Form 8100-9 that includes an alternative method of compliance (AMOC) statement to paragraph (h) of this AD.

    (h) Repair

    If any cracking is found during any inspection required by paragraph (g) of this AD: Before further flight, repair the cracking including doing an open hole high frequency eddy current (HFEC) inspection for cracking of the holes, in accordance with Part 3 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, except as required by paragraph (i)(1) of this AD. Repair of any crack terminates the initial and repetitive inspection requirements of paragraph (g) of this AD for the repaired area only. If any cracking is found during any inspection required by this paragraph, before further flight, repair using a method approved in accordance with the procedures specified in paragraph (l) of this AD.

    (i) Exceptions to Service Information Specifications

    (1) Where Part 3 and Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, specifies contacting Boeing for repair instructions: Before further flight, repair using a method approved in accordance with the procedures specified in paragraph (l) of this AD.

    (2) Where Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, specifies a compliance time “after the original issue date of this service bulletin,” this AD requires compliance within the specified time after the effective date of this AD.

    (3) Where the Condition column of table 1 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, specifies a reference point “on the original issue date of this service bulletin,” for this AD the corresponding reference point is on the effective date of this AD.

    (j) Optional Preventive Modification

    Modification of an inspection area specified in paragraph (g) of this AD, including open hole and surface HFEC inspections for cracking of the area to be modified, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, except as required by paragraph (i)(1) of this AD, terminates the repetitive inspections required by paragraph (g) of this AD at the modified location only.

    (k) Post-Repair and Post-Modification Inspections

    Tables 4 and 5 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, specify post-modification airworthiness limitation inspections in compliance to 14 CFR 25.571(a)(3) at the modified locations, which support compliance with 14 CFR 121.1109(c)(2) or 129.109(b)(2). As airworthiness limitations, these inspections are required by maintenance and operational rules. It is therefore unnecessary to mandate them in this AD. Deviations from these inspections require FAA approval, but do not require an alternative method of compliance.

    (l) Alternative Methods of Compliance (AMOCs)

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

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

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

    (4) Except as required by paragraph (i)(1) of this AD: Where Part 2, Part 3, and Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, contains steps that are labeled as RC, the provisions of paragraphs (l)(4)(i) and (l)(4)(ii) of this AD apply.

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

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

    (m) Related Information

    For more information about this AD, contact Galib Abumeri, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712-4137; phone: 562-627-5324; fax: 562-627-5210; email: [email protected]

    (n) Material Incorporated by Reference

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

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

    (i) Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014.

    (ii) Reserved.

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

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

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

    Issued in Renton, Washington, on April 28, 2016. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-10524 Filed 5-6-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 97 and 160 46 CFR Part 97 [Docket No. USCG-2000-7080] RIN 1625-AA25 [Formerly RIN 2115-AF97] Cargo Securing Manuals AGENCY:

    Coast Guard, DHS.

    ACTION:

    Interim rule and request for comment.

    SUMMARY:

    The Coast Guard is issuing an interim rule to require U.S. and foreign self-propelled cargo vessels of 500 gross tons or more, traveling on international voyages and carrying cargo that is other than solid or liquid bulk cargo, to have cargo securing manuals (CSMs) on board. The rule also requires those vessels to comply with certain provisions of the International Convention for the Safety of Life at Sea, 1974 as amended (SOLAS), authorizes recognized classification societies or other approval authorities to review and approve CSMs on behalf of the Coast Guard; and prescribes when and how the loss or jettisoning of cargo at sea must be reported.

    The Coast Guard requests public comment on its intention to extend, in a subsequent final rule, this interim rule's requirement for vessel CSMs to self-propelled cargo vessels under 500 gross tons, if these vessels carry dangerous goods in packaged form on international voyages. This interim rule promotes the Coast Guard's maritime safety and stewardship (environmental protection) missions, helps fulfill U.S. treaty obligations, and could help prevent or mitigate the consequences of vessel cargo loss.

    DATES:

    This interim rule is effective June 8, 2016. Comments must be received by August 8, 2016. The incorporation by reference of certain documents in this rule is approved by the Director of the Federal Register as of June 8, 2016.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2000-7080 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    For information about this document, call or email Mr. Ken Smith, Project Manager, U.S. Coast Guard Headquarters, Vessel and Facility Operating Standards Division, Commandant (CG-OES-2); telephone 202-372-1413, email [email protected]

    SUPPLEMENTARY INFORMATION: Table of Contents for Preamble I. Public Participation and Comments II. Abbreviations III. Basis and Purpose IV. Background and Regulatory History V. Summary of the Rule VI. Discussion of Comments on SNPRM and Changes VII. Incorporation by Reference VIII. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates Reform Act G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment I. Public Participation and Comments

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

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

    We are not planning to hold a public meeting but will consider doing so if public comments indicate a meeting would be helpful. We would issue a separate Federal Register notice to announce the date, time, and location of such a meeting.

    II. Abbreviations ABS American Bureau of Shipping BLS U.S. Bureau of Labor Statistics CFR Code of Federal Regulations CSAP Cargo Safe Access Plan CSM Cargo Securing Manual CSS Code Code of Safe Practice for Cargo Stowage and Securing E.O. Executive Order FR Federal Register FRFA Final Regulatory Flexibility Analysis IMO International Maritime Organization IRFA Initial Regulatory Flexibility Analysis MARAD U.S. Department of Transportation's Maritime Administration MBARI Monterey Bay Aquarium Research Institute MSC Maritime Safety Committee MISLE Marine Information for Safety and Law Enforcement NAICS North American Industry Classification System NPRM Notice of Proposed Rulemaking NVIC Navigation and Vessel Inspection Circular OMB Office of Management and Budget RFA Regulatory Flexibility Act of 1980 § Section Symbol SANS Ship Arrival Notification System SBA Small Business Administration SNPRM Supplemental Notice of Proposed Rulemaking SOLAS International Convention for the Safety of Life at Sea, 1974 as amended U.S.C. United States Code WSC World Shipping Council III. Basis and Purpose

    Sections 2103 and 3306 of Title 46, United States Code (U.S.C.), provide the statutory basis for this rulemaking. Section 2103 gives the Secretary of the department in which the Coast Guard is operating general regulatory authority to implement Subtitle II (Chapters 21 through 147) of Title 46, which includes statutory requirements in 46 U.S.C. Chapter 33 for inspecting the vessels to which this rulemaking applies. Section 3306 gives the Secretary authority to regulate an inspected vessel's operation, fittings, equipment, appliances, and other items in the interest of safety. The Secretary's authority under both statutes has been delegated to the Coast Guard in DHS Delegation No. 0170.1, para. II (92.a) and (92.b).

    The purpose of this rule is to align Coast Guard regulations with the requirements for cargo securing manuals in the International Convention for the Safety of Life at Sea, 1974 as amended (SOLAS), and apply those requirements to certain self-propelled U.S. cargo vessels operating anywhere in the world, and to certain foreign-flagged self-propelled cargo vessels operating in U.S. waters. Another purpose of this rule is to specify when and how the loss or jettisoning of cargo at sea must be reported.

    IV. Background and Regulatory History

    This rule aims to help ensure that maritime cargo is properly secured. A recent survey by the World Shipping Council (WSC) estimated that an average of 1,679 containers are lost overboard annually.1 The number of damaged and lost containers has risen over the years due to the increased traffic in containerized cargo and the increasing size of containerships.

    1 Survey report is on WSC Web site: http://www.worldshipping.org/industry-issues/safety/Containers_Lost_at_Sea_-_2014_Update_Final_for_Dist.pdf.

    Several incidents since the early 1990s demonstrated that improperly secured cargo can cause serious injury or death, vessel loss, property damage, and environmental damage. For example, a Coast Guard board of inquiry concluded that the loss of 21 containers—4 of which contained toxic arsenic trioxide—off the coast of New Jersey in 1992 was caused by cargo-securing failures, bad weather, and human error.2 With the support of other International Maritime Organization (IMO) member governments, the United States led a proposal to include new requirements for cargo securing manuals (CSMs) in SOLAS. In 1994, the IMO amended SOLAS 3 to provide that, after 1997, vessels of 500 gross tons or more engaged in international trade and carrying cargo other than solid or liquid bulk material must carry a flag state-approved CSM; load, stow, and secure cargo in compliance with the CSM; and meet strength requirements for securing devices and arrangements.

    2See NVIC 10-97 (Nov. 7, 1997), “Guidelines for Cargo Securing Manual Approval,” available at http://www.uscg.mil/hq/cg5/nvic/pdf/1997/n10-97.pdf.

    3 See SOLAS, Ch. VI/5.6 and Ch. VII/5.

    The SOLAS CSM requirements are included as an annex to a Coast Guard guidance document issued in 1997,4 but a vessel owner or operator's compliance with that guidance is only voluntary. This interim rule makes compliance with the SOLAS standards mandatory for self-propelled vessels over 500 gross tons on international voyages that are subject to SOLAS.

    4 NVIC 10-97.

    Previously in this rulemaking, we issued a notice of proposed rulemaking (NPRM) 5 in 2000 and a supplemental notice of proposed rulemaking (SNPRM) 6 in 2013. Although it was not part of this rulemaking, in 1999 we held a public meeting on topics related to cargo securing.7 In the SNPRM, we discussed the comments we received on the 2000 NPRM and public input from the 1999 meeting. We discuss the comments we received on the 2013 SNPRM later in this preamble.

    5 65 FR 75201 (Dec. 1, 2000).

    6 78 FR 68784 (Nov. 15, 2013). Although not part of this rulemaking, in 1999 we announced (64 FR 1648; Jan. 11, 1999, docket USCG-1998-4951) and held a public meeting on related topics. Comments received at that meeting were discussed in the SNPRM, 78 FR at 68786, col. 2.

    7 64 FR 1648 (Jan. 11, 1999); docket USCG-1998-4951.

    V. Summary of the Rule

    This section summarizes the changes made in this interim rule.

    33 CFR part 97—Rules for the Safe Operation of Vessels, Stowage and Securing of Cargoes. The interim rule adds this part, which is structured to allow for future regulations covering other aspects of vessel operation and cargo stowage and securing. At this time, the part contains only subpart A, which deals with CSMs.

    Section 97.100 contains the applicability provisions of subpart A and provides for electronic submission of any documents required by the part. Subpart A applies to self-propelled cargo vessels of 500 gross tons or more traveling on international voyages and carrying any cargo other than solid or liquid bulk cargo. We expect very few vessels to be affected by the new requirements, as most foreign vessels operating in U.S. waters are already subject to their flag state's SOLAS CSM-aligned requirements, and all U.S. vessels already voluntarily comply with those requirements in order to obtain SOLAS certificates that are necessary for entering foreign ports. Subpart A also applies to self-propelled vessels less than 500 gross tons if their owners or operators choose voluntarily to have it apply to them and submit CSMs for approval.

    We have revised the text of § 97.100 as it appeared in the SNPRM by removing seagoing barges and other non-self propelled vessels from the applicability of subpart A, which were inadvertently included in the proposed regulatory text of the SNPRM. This interim rule applies only to self-propelled cargo vessels that are subject to SOLAS Chapter VI/5.6 or Chapter VII/5.

    As we discussed in Part V, Discussion of Comments, in our SNPRM, a commenter suggested extending the applicability of subpart A to self-propelled cargo vessels below 500 gross tons carrying dangerous goods in packaged form on international voyages. We agree with the commenter's assessment that the cargo securing manual requirements of Chapter VII/5 of SOLAS apply to all vessels covered by other SOLAS provisions and to vessels below 500 gross tons that carry dangerous goods in packaged form. As previously stated, one of our intentions in this rule is to align our regulations with SOLAS requirements for cargo securing manuals, and therefore we propose modifying the final rule to more accurately align with SOLAS by applying it to self-propelled cargo vessels less than 500 gross tons carrying dangerous goods in packaged form on international voyages, as well as to larger vessels. We specifically request public comment on that proposed change.

    Section 97.105 defines terms used in subpart A, and § 97.110 provides for the incorporation in subpart A, by reference, of pertinent IMO circulars describing how vessels may comply with the SOLAS CSM requirements, as well as an IMO resolution providing guidelines for third parties acting on behalf of a government agency like the Coast Guard.

    Section 97.115 requires any accidental loss or deliberate jettisoning of a container or other cargo at sea to be reported immediately under 33 CFR 160.215. This is because any such loss or jettisoning creates a “hazardous condition” within the meaning of 33 CFR 160.204. The section also requires the loss or jettisoning of cargo containing hazardous material to be reported as soon as possible in accordance with the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration regulations at 49 CFR 176.48.

    Section 97.120 requires each vessel to which subpart A applies to have a flag state-approved CSM that complies with applicable IMO resolutions. Coast Guard personnel may board any vessel in U.S. waters to verify compliance with this section. Note that any container vessel with a keel laid on or after January 1, 2015, needs to include a cargo safe access plan. Under the applicable IMO guidance, such a plan must provide detailed information on safe access for persons stowing and securing cargo on vessels that are specifically designed and fitted for carrying containers.

    Section 97.200 describes how a U.S.-flagged vessel owner or operator applies for Coast Guard approval of the vessel's CSM. Third-party approval authorities review and approve CSMs on the Coast Guard's behalf. This section also describes the contents of approval statements, the procedure to follow when a CSM is disapproved, and document retention requirements.

    Section 97.205 describes when a CSM must be resubmitted for approval, and § 97.210 contains provisions for appeal from a CSM approval authority's decision.

    Section 97.300 designates the organizations that are initially authorized to act as CSM approval authorities, and §§ 97.305 through 97.315 discuss who may request that authorization in the future, the criteria for authorization, and the requirements for approval authorities. We modified this section from what we originally published in the SNPRM by removing specific reference to the American Bureau of Shipping (ABS) and Lloyd's Register, because they are already included on the list of recognized classification societies to which the Coast Guard has delegated authority for the issuance of a Cargo Ship Safety Equipment Certificate in accordance with 46 CFR 8.320(b)(4) and covered under the paragraph recognizing those classification societies. Section 97.320 provides for the revocation of authorization if an approval authority fails to maintain standards acceptable to the Coast Guard.

    33 CFR part 160—Ports and Waterways Safety—General. The only change made to part 160 is an amendment to § 160.215, to prescribe the information to be reported when a hazardous condition is created by the loss or jettisoning of cargo.

    46 CFR part 97—[Cargo and Miscellaneous Vessel] Operations. The interim rule amends the subpart 97.12 operational rules for vessels carrying bulk solid cargoes by adding § 97.12-10, which requires such vessels to have on board a CSM that complies with 33 CFR part 97.

    VI. Discussion of Comments on SNPRM and Changes

    The SNPRM drew public comments from 12 sources: 7 Individuals (one of whom submitted 2 comments, which we consider together), 2 barge companies, 1 shipping industry organization, 1 trade association, and 1 environmental advocacy organization. The docket also contains 1 comment from another Federal agency.

    General. All three organizations and six individuals expressed support for the Coast Guard's proposal.

    The environmental advocacy organization and two individuals said that the loss of cargo containers is a serious problem. The organization said container loss has an immediate impact by changing deep sea habitats, and a long term impact by changing the natural distribution of species, including the threat of introducing invasive species. One individual said container loss is a major threat to the environment, to pleasure craft, and to commercial shipping. This commenter suggested that the insurance industry should welcome our proposal because of the economic impact of container losses. The other individual said we should require containers to be weighed so that weight can be distributed for safety.

    We share these commenters' concern for the safety and environmental hazards that can be caused by the loss of containers or other cargo at sea, and we agree with most of their comments. However, we decline to require containers to be weighed, because this information is the subject of several existing Federal and International Maritime Organization (IMO) requirements. The Occupational Safety and Health Administration requires a container to be weighed before it can be handled by U.S. workers, and the Department of Transportation has stringent notification and certification requirements for intermodal containers.8 With the Coast Guard's full participation, the IMO recently amended an international convention to require shippers to verify a container's gross mass to a vessel's master before it is loaded on board.9 The existence of these requirements makes it unnecessary for the Coast Guard to issue separate and potentially overlapping provisions on the topic.

    8See 29 CFR 1918.85 and 49 U.S.C. 5902 for the Occupational Safety and Health Administration and Department of Transportation requirements, respectively.

    9 The International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1988. See Regulation VI/2, which enters into force July 1, 2016. The International Maritime Organization previously issued guidance to help ensure accurate pre-loading container weighing; see Maritime Safety Committee Circular MSC.1/Circ. 1475, Guidelines Regarding the Verified Gross Mass of a Container Carrying Cargo.

    The shipping organization said that, whereas the SNPRM based its cost analysis on an IMO estimate of 4,000 containers lost at sea per year worldwide, the shipping organization's own analysis found that, on average, only 1,679 containers are lost at sea each year. We appreciate the shipping organization's analysis and are using their most current estimate in the regulatory analysis for this interim rule. Please see Section VIII, Regulatory Analyses, for details.

    The two towing companies expressed appreciation that we do not propose to regulate cargo securing on barges in coastwise trade, but opposed our SNPRM's proposed extension 10 of such regulations to seagoing barges in international commerce. The companies said that barges have a strong safety record and are not subject to cargo securing requirements under SOLAS. Therefore, they should not be required to undertake the work of developing unique CSMs for each type of cargo. They also pointed out that, if seagoing barges are included, the universe of affected vessels will be far greater than the 26 U.S.-flagged vessels the Coast Guard estimates will be impacted in its regulatory analysis. They specifically requested that the Coast Guard clarify that “barges on international voyages will also be exempt from this rulemaking.” We agree with the commenters and the interim rule amends the applicability provisions of new 33 CFR 97.100 so that part 97, subpart A, applies only to self-propelled vessels that are subject to SOLAS Chapter VI/5.6 or Chapter VII/5. SOLAS does not apply to non self-propelled vessels and the barge industry has demonstrated a strong safety record in the past. Therefore, we do not intend to require non-self-propelled vessels to have CSMs at this time.

    10 78 FR at 68788, col. 1.

    Proposed change for final rule. One of the individual commenters said that, to conform to Chapter VII/5 of SOLAS, we should regulate cargo securing on cargo vessels below 500 gross tons as well as on vessels of 500 gross tons and above. We agree with the commenter's assessment that the cargo securing manual requirements of Chapter VII/5 of SOLAS apply to all vessels covered by other SOLAS provisions and to vessels below 500 gross tons that carry dangerous goods in packaged form. As previously stated, one of our intentions in this rule is to align our regulations with SOLAS requirements for cargo securing manuals, and, therefore, we propose modifying the final rule to more accurately align with SOLAS by extending the applicability provisions of 33 CFR 97.100 to self-propelled cargo vessels less than 500 gross tons carrying dangerous goods in packaged form on international voyages. We specifically request public comment on that proposal.

    VII. Incorporation by Reference

    The Director of the Federal Register has approved the material in 33 CFR 97.110 for incorporation by reference under 5 U.S.C. 552 and 1 CFR part 51. Copies of the material are available from the sources listed in § 97.110. The following paragraphs summarize the material incorporated by reference.

    IMO Assembly Resolution A.739(18) (Res.A.739(18)), Guidelines for the Authorization of Organizations Acting on Behalf of the Administration, November 22, 1993: International guidelines developed to establish a uniform program for controlling and assigning authority of organizations to act on behalf of administrations in conducting surveys, certifications, and determination of tonnages.

    IMO Maritime Safety Committee Circular 1352 (MSC.1/Circ.1352), Amendments to the Code of Safe Practice for Cargo Stowage and Securing (CSS Code) Annex 14, Guidance on Providing Safe Working Conditions for Securing of Containers on Deck, June 30, 2010: International guidance developed to ensure persons engaged in carrying out container securing operations on deck have safe working conditions including safe access, and appropriate securing equipment.

    IMO Maritime Safety Committee Circular 1353 (MSC.1/Circ. 1353/Rev.1), Revised Guidelines for the Preparation of the Cargo Securing Manual, December 15, 2014: International guidelines providing information on developing cargo securing manuals, including required contents and details for stowing and securing non-standardized and semi-standardized cargo.

    VIII. Regulatory Analyses

    We developed this interim rule after considering numerous statutes and Executive Orders (E.O.s) related to rulemaking. Below we summarize our analyses based on these statutes or E.O.s.

    A. Regulatory Planning and Review

    Executive Orders 12866, Regulatory Planning and Review, and 13563, Improving Regulation and Regulatory Review, direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (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.

    This rule has not been designated a “significant regulatory action” under section 3(f) of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O. 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that E.O. Accordingly, the rule has not been reviewed by the Office of Management and Budget (OMB). A final Regulatory Assessment for the interim rule follows.

    1. Summary

    This interim rule amends the CFR by adding the following provisions:

    • Requirements for the reporting of lost or jettisoned cargo;

    • The CSM requirements of SOLAS, for vessels of 500 gross tons or more;

    • Extending the CSM requirements to self-propelled cargo vessels that travel on international voyages and carry cargo other than solid or liquid bulk cargo that is designated as a dangerous good carried in packaged form; and

    • Procedures for authorization of third-party organizations to review and approve CSMs on the Coast Guard's behalf.

    Table 1 presents a summary of our analysis.

    Table 1—Summary of the 10-Year Regulatory Economic Impacts Changes Description Affected population Costs
  • (7% discount rate)
  • Annualized Total Benefits
    1. Reporting of lost or jettisoned cargo Codify lost or jettisoned cargo as a hazardous condition and specify data to be reported U.S.- and foreign-flagged vessels engaged in transport to or from a U.S. port $578 $4,063 Better tracking and response of lost or jettisoned cargo. 2. CSM requirements Codify SOLAS rules and guidance from NVIC 10-97 Owners/operators of 6,436 vessels: 83 U.S.-flagged, 6,353 foreign-flagged 212,226 1,490,587 Increased enforcement authority. 3. Approval of authorized organizations Codify guidance from NVIC 10-97 6 currently approved organizations, others applying for approval status 0 0 Increased enforcement authority. Total 212,804 1,494,649 Note: Due to independent rounding, the totals may not equal the sum of the components.

    Table 2 presents a summary of the 10-year cost schedule, showing total costs on an undiscounted basis and discounted at 7-percent and 3-percent interest rates.

    Table 2—Summary of the 10-Year Total Cost to the International Cargo Industry and U.S. Government Year Undiscounted Industry Government Total Discounted 7% 3% 1 $757,015 $90,514 $847,529 $792,083 $822,844 2 99,403 10,013 109,416 95,568 103,135 3 99,417 10,023 109,440 89,336 100,153 4 99,430 10,034 109,464 83,510 97,257 5 107,068 10,044 117,112 83,499 101,022 6 107,081 10,055 117,136 78,053 98,100 7 107,108 10,076 117,184 72,976 95,281 8 107,121 10,086 117,207 68,216 92,524 9 114,759 10,097 124,856 67,913 95,692 10 114,786 10,118 124,904 63,495 92,940 Total 1,713,188 181,060 1,894,248 1,494,649 1,698,948 Annualized 212,804 199,169 2. Changes From SNPRM

    Because there are no changes between the requirements proposed in the SNPRM and those contained in this interim rule, and because we received no public comments that affect the Regulatory Assessment, we retained the structure of the economic analyses from the SNPRM, but updated our analysis with the most current data. The data elements that we revised for this analysis are as follows:

    • Affected vessel population, U.S.- and foreign-flagged vessels used 2011 through 2013 data.

    • Visits to U.S. ports, updated with data from 2011 through 2013.

    • Wage rates for commercial and Coast Guard employees, updated with current data.

    • Container ship traffic data, updated with current data.

    3. Affected Population

    The affected population, those vessels subject to the regulations in this interim rule, consists of U.S.- and foreign-flagged self-propelled vessels that—

    • Are engaged in international trade as indicated by currently having a SOLAS Cargo Ship Safety Certificate;

    • Are 500 gross tons or more; and

    • Carry any cargo other than solid or liquid bulk commodities.

    The United States is a signatory state to SOLAS, and U.S.-flagged vessels in international trade must meet SOLAS requirements, including the CSM rules, to receive a SOLAS certificate. A 2013 extract from the Coast Guard's Marine Information for Safety and Law Enforcement (MISLE) database identified 83 U.S.-flagged vessels as meeting the above tonnage and cargo criteria.

    The applicable foreign-flagged vessels are those that transit U.S. waters. The source for data on these vessels was the Coast Guard's Ship Arrival Notification System (SANS) database. This database contains data on notifications of arrival and departure of vessels to and from U.S. ports and is supplemented by data from MISLE. We extracted from SANS the most recent 3 years of data available, 2011 through 2013. This data produced a list of 6,353 foreign-flagged vessels that had one or more visits to a U.S. port and met the tonnage and cargo-type criteria. Table 3 presents the affected population of 6,436 vessels categorized by flag status, SOLAS status, and tonnage class (less than 500 gross tons, 500 gross tons or more).

    Table 3—Applicable Population, Non-Bulk Cargo Vessels Flag class SOLAS status Tonnage class in gross tons Vessels U.S. SOLAS 500 gross tons or more 83 Foreign SOLAS 500 gross tons or more 6,314 Non-SOLAS 500 gross tons or more 39 Foreign Total 6,353 Total 6,436 Notes: (1) All U.S. vessels are SOLAS and in the 500 GT or more class. (2) Foreign-flagged vessels will follow SOLAS CSM rules. 4. Economic Analyses

    The economic analyses include—

    • An analysis of the costs, benefits, and alternatives for each of the interim rule's three provisions: (a) Requirements for the reporting of lost or jettisoned cargo, (b) CSM requirements, and (c) Approval of authorized organizations. A summary of the costs and benefits for the entire rule; and

    • A preliminary analysis of expanding the affected population.

    a. Requirements for the reporting of lost or jettisoned cargo.

    i. Current practices, applicable population, and description of changes and edits. As noted in Section IV, Background and Regulatory History, of this preamble, the current regulations require the Coast Guard to be notified immediately when a hazardous condition is caused by a vessel or its operation. Incidents of lost or jettisoned cargo 11 are considered hazardous conditions and must be reported. However, current industry practice does not correspond with that interpretation. According to Captain James J. McNamara, President of the National Cargo Bureau in 2000, “When a container or containers are lost overboard, usually there is no news release and seldom is the fact publicized. The loss is only revealed to those in a need-to-know situation, i.e., the ship owner, shipper, receiver, and insurer.” 12 As we will discuss in detail, our research indicates a significant underreporting of lost or jettisoned cargo to the Coast Guard. Coast Guard and other vessels cannot respond to these unreported incidents, so they represent a risk to navigation and the marine environment. The underreporting also prevents the Coast Guard and other interested parties from accurately tracking the extent and trends of lost cargo incidents.

    11 All data and industry reports refer only to containers when describing incidents involving lost or jettisoned cargo. We will assume that containers will continue as the only lost cargo in the future and refer to containers as the generic description of the involved cargo for this analysis.

    12 McNamara, James J., “Containers and Cargoes Lost Overboard,” National Cargo Bureau; conference of the International Union of Marine Insurers; September 13, 2000, http://www.iumi.com/images/stories/IUMI/Pictures/Conferences/London2000/Wednesday/02%20mcnamara%20cargo.pdf.

    In this interim rule we include requirements for the immediate reporting of lost or jettisoned cargo. We anticipate that adoption of these requirements will correct this underreporting and lead to some increased costs to industry. Table 4 presents the change matrix for modifying the reporting of hazardous conditions and summarizes the specific edit or change, the affected population, and the economic impact.

    Table 4—Change Matrix for Reporting of Hazardous Conditions in 33 CFR Reference and description Affected population Economic impact 97.100 Applicability: . . . (a)(1), U.S. vessels U.S. cargo vessels and non-U.S. cargo vessels in U.S. waters None, administrative only. 97.105 Definitions All vessels and approval organizations None, administrative only. 97.110 Incorporation by reference, lists IBR references All affected vessels and approval organizations None, administrative only. 97.115 Situation requiring report, criteria for reporting lost cargo Vessels subject to the rule that lose cargo overboard Costs for correction of noncompliance with existing requirements. 160.215(a), requirement to report hazardous condition Operators of vessels involved in incident resulting in hazardous condition No change, new label of existing text. 160.215(b), data to be reported Operators of vessels involved in incident resulting in hazardous condition This requirement references 97.115 and all costs are included there. Source: Coast Guard analysis.

    ii. Affected population. This interim rule applies to both U.S.- and foreign-flagged vessels engaged in transport to or from U.S. ports. Therefore, the costs for reporting the lost or jettisoned cargo must be accounted for throughout the entire applicable population of 6,436 vessels, as reported in Table 3.

    For the years 2009 through 2013, there were only five incidents of containers lost or damaged at sea and reported to the Coast Guard. As previously noted, industry experts assert that many incidents of lost or jettisoned cargo are not reported to the appropriate authorities. To test this assertion, we developed an estimate of lost or jettisoned cargo incidents that are subject to Coast Guard rules.

    As the base of our estimate, we used the annual estimate of 1,679 containers lost at sea worldwide, as reported by the World Shipping Council (WSC) in its 2014 report 13 to the IMO's Sub-Committee on Carriage of Cargoes and Containers.14 The WSC's estimate is based on a survey of their membership. The survey respondents accounted for 70 percent of the world's container-ship capacity. The WSC adjusted the survey data to account for the 30 percent non-respondents. They also prepared two estimates, one without catastrophic events and the other that included the less-frequent catastrophic ones with large numbers of lost containers. We reviewed the WSC's methodology and we are satisfied that it produced a valid estimate. As we are using a 10-year forecast for our analysis, we needed to account for the low frequency-high consequence events, and used the higher annual estimate that included the catastrophic events.

    13 The report is on WSC's Web site: http://www.worldshipping.org/industry-issues/safety/Containers_Lost_at_Sea_-_2014_Update_Final_for_Dist.pdf.

    14 Report number CCC 1/NF 9, dated June 27, 2014.

    However, the WSC report was not categorized by route or flag of the vessel. We derived the U.S. share of global container traffic using data reported by the U.S. Department of Transportation's Maritime Administration (MARAD), which reported in 2011 that there were 376,389 container ship visits worldwide,15 and that, out of this total, 22,089 were at U.S. ports.16 Thus, the U.S. share of global container traffic is 5.9 percent (22,089/376,389).

    15 See http://www.marad.dot.gov/documents/Vessel_Calls_at_US_Ports_Snapshot.pdf, p. 7, “Global Vessel Calls by Country, 2011.”

    16 See http://www.marad.dot.gov/documents/Vessel_Calls_at_US_Ports_Snapshot.pdf, p. 3. “Containership Calls at U.S. Ports by Size, 2006-2011.”

    We used that 5.9 percent share to estimate that about 99 containers in U.S. traffic are lost annually (1,679 containers lost world-wide × 5.9 percent U.S. share of traffic, rounded). The 5 incidents resulted in a loss of a total of 25 containers, so we estimate on average there were 5 lost containers per incident. Using those data, we estimate that there will be 20 reports of lost containers to the Coast Guard (99 containers lost/5 containers per incident, rounded to the nearest 10) in the first year the rule becomes effective.

    The Tioga Group, a freight transportation services consulting firm,17 in its report 18 on the container market to the port authorities of Los Angeles and Long Beach, presents estimates of 4.9 percent annual compounded growth rate for the United States in container traffic from 2010 to 2020. We assume that the number of lost container incidents will grow proportionally with the growth in container trade. We applied the Tioga Group's estimate of 4.9 percent growth rate to the base estimate of 20 lost containers in Years 2 through 10 in this cost analysis. This yields an estimate of 31 incidents by Year 10 (the complete series is shown in the “Estimated Incidents” column of Table 6).

    17 For information on The Tioga Group, see www.tiogagroup.com.

    18 The Tioga Group, Inc. and IHS Global Insight, “San Pedro Bay Container Forecast Update”, Exhibit 33: Total U.S. Loaded Total TEU and CAGRs, p. 33, www.portoflosangeles.org/pdf/spb_container_forecast_update_073109.pdf.

    iii. Costs. When cargo is lost or jettisoned, the vessel staff already collects data for company purposes.19 Thus, the only additional cost for compliance with this rule is the time to report the data to the Coast Guard and for the Coast Guard to record the data. Coast Guard staff who are familiar with vessel operations and incident reporting estimated that it will take 0.25 hours for a Master or other senior ship's officer to compile a report and transmit it to the Coast Guard.

    19 Captain James J. McNamara, “Containers and Cargo Lost Overboard”, p. 2. National Cargo Bureau; conference of the International Union of Marine Insurers; September 13, 2000, http://www.iumi.com/images/stories/IUMI/Pictures/Conferences/London2000/Wednesday/02%20mcnamara%20cargo.pdf.

    The wage rate for the Master was obtained from the U.S. Bureau of Labor Statistics (BLS), using Occupational Series 53-5021, Captains, Mates, and Pilots of Water Vessels. The BLS reports that the hourly rate for a Master is $36.34 per hour.20 To account for benefits, the load factor, or ratio between total compensation and wages is calculated at 1.44,21 using BLS data. The fully loaded wage rate for a Master is estimated at $53 per hour ($36.34 base wages × 1.44 load factor, rounded up to capture the entire cost). The cost for the additional time to report an incident is $13.25 ($53 × 0.25).

    20 Mean wage, http://www.bls.gov/oes/2013/may/oes535021.htm.

    21 Load Factor calculation, source: http://www.bls.gov/news.releases/archives/ecec_09112013.htm, all Workers Total compensation, $31,00/Wages and salaries, $21.44.

    Similarly, we estimate that it will take a quarter of an hour for Coast Guard personnel at the E-4 level to record the data. The fully loaded wage rate for an E-4 rating is $42, per Commandant Instruction 7310.1N. 22 The unit cost for the Coast Guard is $10.50 ($42 per hour × 0.25 hours).

    22http://www.uscg.mil/directives/ci/7000-7999/CI_7310_1N.pdf.

    As shown in Table 5, the unit cost for reporting lost or jettisoned cargo is $23.75.

    Table 5—Unit Cost for Reporting Lost or Jettisoned Cargo Task Time
  • (hours)
  • Wage rate Cost
    Master to report 0.25 $53 $13.25 CG data entry (E4) 0.25 42 10.50 Total 23.75 Sources: BLS, Coast Guard estimates.

    The baseline estimate of lost or jettisoned cargo incidents, the growth rate, and the unit cost data provide the inputs into the 10-year cost schedule. Table 6 displays the input data and the resulting cost estimates on an undiscounted basis and discounted at 7-percent and 3-percent interest rates.

    Table 6—Cost Schedule for Reporting Lost or Jettisoned Cargo Year Estimated
  • incidents
  • Rounded
  • incidents
  • Industry
  • cost
  • Coast Guard
  • cost
  • Total
  • cost
  • Discounted 7% 3%
    1 20 20 $265 $210 $475 $444 $461 2 20.98 21 278 221 499 436 470 3 22.01 22 292 231 523 427 479 4 23.09 23 305 242 547 417 486 5 24.22 24 318 252 570 406 492 6 25.41 25 331 263 594 396 497 7 26.66 27 358 284 642 400 522 8 27.97 28 371 294 665 387 525 9 29.34 29 384 305 689 375 528 10 30.78 31 411 326 737 375 548 Total 3,313 2,628 5,941 4,063 5,008 Annualized 578 587

    To provide an estimate of costs by flag status, we extracted from the Coast Guard's SANS database the vessels calling on U.S. ports in 2011.23 We divided the vessels into U.S.- and foreign-flagged status. Table 7 presents the data and shows that in 2013, U.S.-flagged vessels accounted for 11.8 percent of the visits by vessels that would be subject to this interim rule.

    23 2011 is the most recent year of verified data.

    Table 7—2013 Visits to U.S. Ports by Flag-Status of Vessels Non-Bulk Trade Flag Visits Percent United States 2,955 11.8 Foreign 22,001 88.2 Total 24,956 100.0

    We produced an estimate for U.S. costs of lost or jettisoned cargo by applying the 11.8 percent of visits by U.S.-flagged vessels from Table 7 to the cost estimates from Table 6. Note that U.S. costs include both costs to U.S.-flagged vessels and the Coast Guard. Table 8 displays the data for the U.S. costs.

    Table 8—Cost Schedule for U.S.-Flagged Vessels for Reporting Lost or Jettisoned Cargo Year Rounded
  • incidents
  • Industry
  • cost
  • CG
  • cost
  • Total
  • cost
  • Discounted 7% 3%
    1 2 $27 $21 $48 $45 $47 2 2 27 21 48 42 45 3 3 40 32 72 59 66 4 3 40 32 72 55 64 5 3 40 32 72 51 62 6 3 40 32 72 48 60 7 3 40 32 72 45 59 8 3 40 32 72 42 57 9 3 40 32 72 39 55 10 4 53 42 95 48 71 Total 387 308 695 474 586 Annualized 67 69

    We obtained the costs of reporting lost or jettisoned cargo for non-U.S.-flagged vessels by subtracting the U.S. costs, as reported in Table 8, from the costs as displayed in Table 6. Table 9 presents the results of these calculations.

    Table 9—Cost Schedule for Non-U.S.-Flagged Vessels for Reporting Lost or Jettisoned Cargo Year Rounded
  • incidents
  • Industry
  • cost
  • Coast Guard
  • cost
  • Total
  • cost
  • Discounted 7% 3%
    1 18 239 189 428 400 416 2 19 252 200 452 395 426 3 19 252 200 452 369 414 4 20 265 210 475 362 422 5 21 278 221 499 356 430 6 22 292 231 523 348 438 7 24 318 252 570 355 463 8 25 331 263 594 346 469 9 26 345 273 618 336 474 10 27 358 284 642 326 478 Total 2,930 2,323 5,253 3,593 4,430 Annualized 512 519

    iv. Benefits. A 2011 news release from the Monterey Bay Aquarium Research Institute (MBARI) 24 stated that containers that fall from ships can “float at the surface for months” and that “most eventually sink to the seafloor.” While they float they can present a hazard to navigation. However, sunken containers may pose immediate and long-term threats to the marine environment. The MBARI news release also stated that “[N]o one knows what happens to these containers once they reach the deep seafloor” and that “[p]erhaps 10 percent of shipping containers carry household and industrial chemicals that could be toxic to marine life.” The small number of MISLE incidents provides additional information. Of the 25 containers, one container held 22,500 pounds of used batteries and another held an unspecified hazardous material.

    24http://www.mbari.org/news/news_releases/2011/containers/containers-release.html.

    The immediate benefit of the reporting provisions is that they will enhance the Coast Guard's ability to identify potential problems with securing equipment, locate and warn mariners about drifting containers that endanger safe navigation, and assess and respond to any potential environmental hazard created by the cargo loss. In the longer term, having complete and accurate data on lost cargo incidents will enable the Coast Guard and other parties to identify industry trends and track potential long-term threats to the marine environment from sunken containers.

    v. Alternatives. We considered possible alternatives to this rule. One possibility, as suggested in the SNPRM, would be to limit the reporting of lost containers to only those containing hazardous materials. However, we consider any overboard container to be a potential hazard to navigation and, as noted above, the contents may pose a long-term threat to the marine environment. To ensure safety of navigation and the marine environment, we believe all lost or jettisoned cargo should be reported. As one commenter noted, the containers may not disintegrate for hundreds of years once they reach the floor. Thus, the long-term impacts on the environment are extremely hard to assess.

    Another alternative we considered was to reduce the amount of information to be sent to the Coast Guard in order to minimize recordkeeping burden. We examined the data specified in this rule and determined that all of it would be needed by the Coast Guard in order to completely evaluate the situation and determine the appropriate response. Therefore, we believe that the reporting requirements in this rule will provide the Coast Guard with sufficient information to fulfill its missions of maritime safety and marine environmental protection while minimizing the vessel's recordkeeping and reporting burdens.

    b. CSM Requirements.

    i. Current practices, applicable population, and description of changes and edits. As stated in Section IV of this preamble, Background and Regulatory History, the Coast Guard has developed guidance,25 based on IMO Circular 1353, for implementing SOLAS provisions for cargo securing manuals.

    25 NVIC 10-97.

    Under the Coast Guard's safety and security vessel examinations program, the Coast Guard checks that the subject vessels in U.S. ports have CSMs and that the crews follow them. MISLE data show that from 2011 through 2013, the 83 U.S.-flagged vessels that are part of the affected population were subject to 646 inspections. In all of these inspections there were no citations for a deficient CSM.

    MISLE also recorded that from 2011 through 2013, the Coast Guard conducted 14,358 vessel inspections of foreign-flagged vessels and found problems relating to CSMs in only 9 instances. These data indicate an ongoing compliance process for both U.S.- and foreign-flagged vessels subject to CSM rules. Therefore, the Coast Guard anticipates that the only costs regarding the CSM requirement, once the requirements of SOLAS and Coast Guard guidance are moved into the CFR, would be those associated with owners or operators of the few deficient vessels who are prompted to ensure their CSMs are fully compliant with SOLAS prior to entering U.S. waters.

    Tables 10 and 11 present the change matrix for the edits to Titles 33 and 46 of the CFR, respectively, that relate to the CSM requirements of the interim rule. Each matrix summarizes the specific edit or change, the affected population, and the economic impact.

    Table 10—Change Matrix for Adding CSM Requirements to 33 CFR Reference & description Affected population Economic impact 97.100 Applicability: . . . (a)(1), U.S. vessels U.S. cargo vessels, non-U.S. cargo vessels of 500 gross tons or more in U.S. waters None, administrative only. . . . (a)(2), voluntary compliance U.S. vessels requesting coverage No change, codifies guidance currently located in NVIC. . . . (b), exemption for Ready Reserve and public vessels Ready Reserve and public vessels None, these vessels currently are exempted. . . . 97.105 Definitions All vessels and approval organizations None, administrative only. . . . 97.110 Incorporation by reference (lists IBR references) All affected vessels and approval organizations None, administrative only. 97.120 Cargo Securing Manuals: . . . (a)(1), CSMs required SOLAS vessels and non-U.S., non-SOLAS vessels noted with deficient CSMs by Coast Guard Cost of developing CSM for noncompliant vessels. . . . (a)(2), CSAP required after 2015 Non-SOLAS vessels Edit to close regulatory gap. No costs, no current vessels affected and none expected in future. . . . (b), authorizes CG enforcement All U.S.- and foreign-flagged vessels subject to the rule No cost, provides authority for current CG compliance activities. Source: Coast Guard analysis. Table 11—Change Matrix for Edits to 46 CFR 97 That Apply to U.S. SOLAS Vessels Reference & description Affected population Economic impact 97.12-10 Cargo securing manuals, new section to reference new 33 CFR 97.120 Owners and operators of U.S. SOLAS vessels Administrative edit, all costs accounted for in 33 CFR 97.120. Source: Coast Guard analysis.

    ii. Affected population. As stated earlier, the Coast Guard's current safety and security examinations include checking to see if a subject vessel has a current CSM and that the crew follows it. The inspection results indicate that the 83 U.S.-flagged vessels in international trade are all in the 500 gross tons or more class and that they comply with the SOLAS CSM rules. Under an assumption that they will continue with those practices, this establishes a baseline of current compliance throughout the 10-year analysis period. In this scenario, the U.S.-flagged vessels will incur no additional costs from this rule. However, to conduct a thorough regulatory analysis, we included the 83 U.S.-flagged vessels in the analysis and assumed that they will obtain a SOLAS-compliant CSM in the first year the rule is in effect. A review of the year-built data for these vessels shows that the most recently built was in 2009. We assume that this trend of no new builds will continue and that the population will remain stable at 83 vessels per year throughout the 10-year analysis period.

    Additionally, the interim rule requires that a CSM must be revised if one of these two criteria are met:

    1. The vessel changes its type. As an example, a former break-bulk carrier is modified to become a container ship.

    2. An existing vessel changes 15 percent of its cargo securing systems or more than 15 percent of its portable securing devices.

    MISLE data indicates that none of the subject U.S.-flagged vessels have changed vessel type from 2001 through 2012. We assume that this trend will continue and that no vessels will change type during our analysis period. From information provided by an approved organization,26 we estimated that, on an annual basis, 11.3 percent of the U.S.-flagged fleet revises it CSM based on the second criterion described above. We applied this rate to the subject 83 U.S-flagged vessels to estimate that 9 vessels per year will revise their CSMs (83 × 11.3 percent, rounded) in Years 2 through 10 of the analysis period.

    26 To protect proprietary information, we cannot provide the name of the organization.

    Foreign-flagged vessels that are 500 gross tons or more follow SOLAS rules and current Coast Guard guidance. We estimated the costs of compliance for these vessels based on the following assumptions:

    (1) In the absence of the rule, the current deficiency rate for subject foreign-flagged vessels would continue.

    (2) Under the rule, the increased enforceability posture from codifying the CSM rules will lead all vessels to comply with the SOLAS standards and current Coast Guard guidance prior to entering U.S. waters. That is, the deficiency rate will be reduced to zero for foreign-flagged vessels.

    We reported above that there were nine deficiencies related to CSMs from 2011through 2013. These deficiencies are comprised of five that were missing approval from an authorized organization, three that did not have a CSM on the vessel, and one that had a CSM with missing sections. Table 12 presents the data from 2011 through 2013 for the calculation of a deficiency rates by year and an annual average for the 3 years.

    Table 12—Annual CSM Deficiency Rate Year Vessel
  • examinations
  • CSM
  • deficiencies
  • Deficiency
  • rate
  • (percent)
  • 2011 5,135 2 0.04 2012 4,464 4 0.09 2013 4,759 3 0.06 Total 14,358 9 * 0.06 * Average deficiency rate.

    We used the average deficiency rate of 0.06 percent throughout our 10-year analysis period. The estimate of the number of deficient CSMs in any year equals the estimate of the vessel population for that year multiplied by the deficiency rate.

    As reported in Table 3 in the “SOLAS Class” subtotal, there are 6,353 foreign-flagged vessels that are currently subject to the CSM requirements. Applying the 0.06 percent deficiency rate from Table 12 yields an estimate of four vessels that will need to remedy deficient CSMs in the first year the rule comes into effect.

    In the analysis of the reporting requirements, we cited the Tioga Group's report on the container market that growth in container shipments to the United States is expected to increase,27 so a flat extrapolation of the seven CSMs in the first year through Years 2 through 10 of the analysis period would result in an underestimate.

    27 The Tioga Group, Inc. and IHS Global Insight, “San Pedro Bay Container Forecast Update”, Exhibit 33: Total U.S. Loaded Total TEU and CAGRs, p. 33, www.portoflosangeles.org/pdf/spb_container_forecast_update_073109.pdf.

    We used the Tioga Group's estimate of a 4.9 percent rate for our estimate for growth in our 10-year analysis period. Currently, we do not have detailed information on the current and projected capacity utilization of container ships visiting U.S. ports, so we posited that the trips per year of the affected vessels would remain constant through the analysis period. With that assumption, we applied the 4.9 percent annual growth rate to the fleet of foreign-flagged vessels serving U.S. ports.

    For Years 2 through 10, the base population is the base population from the previous year multiplied by the 4.9 percent growth rate. The resulting estimates of the base populations are shown in the “Base Population” column of Table 14.

    iii. Costs. To obtain a current estimate for the cost of developing a CSM, we contacted industry cargo securing subject matter experts in 2013.28 These experts are familiar with the entire development of CSMs, including vessel survey, evaluation of cargo securing equipment and procedures, preparation of manuals, and training of crews. From the information they provided, we estimate that the cost to develop a CSM will range between $7,500 and $10,000, depending on factors such as the size and type of vessel. We used the midpoint of this range, $8,750 (($7,500 + $10,000)/2), as the unit cost of developing a CSM.

    28 The data obtained contain proprietary information and are not available publicly.

    We anticipate that a CSM will be revised to either remedy a deficiency or because the vessel met the previously discussed criterion of new cargo securing systems. We do not have detailed descriptions of each deficiency or changes in cargo securing equipment, so for the unit cost, we assume that a vessel will revise the CSM using an existing survey of the vessel. A 2013 study conducted by ABS Consulting, Inc. for the Coast Guard provided estimates on the costs of a suite of marine engineering and naval architecture services.29 That study estimated that the average cost of a survey for a freight ship is $1,125. We estimate the unit cost to remedy a deficiency as the average cost of developing a CSM [$8,750 = ($7,500 + $10,000)/2)] less the average cost of a survey. This yields an estimated unit cost of $7,625 ($8,750 − $1,125).

    29 ABS Consulting, Inc, “Study of Marine Engineering and Naval Architecture Costs for Use in Regulatory Analyses,” Table 5, p. 26. A copy of this study can be found in the docket for this rulemaking.

    The costs to the Federal government are accounted for by the oversight actions performed by the authorized approval organizations. These actions include reviewing new or revised CSMs, issuing letters of approval, and, for CSMs that are not approved, issuing letters that explain why the CSMs were not approved. We anticipate that the reviews of the CSM will be conducted by a marine engineer or naval architect. We estimate that each review will take on average 2 working days and another hour will be needed to prepare the appropriate correspondence to the vessel's managers. Thus, the attributed burden to the Federal government for each review is 17 hours ((2 × 8) + 1 = 17).

    We estimate that the average loaded (including benefits) hourly wage for a marine architect or naval engineer is $64 per hour.30 The unit cost to review one CSM is $1,088 (17 hours × $64 per hour). Table 13 shows the undiscounted costs to industry and the Federal government for the 10-year analysis period.

    30 Mean hourly wage of $44.10 for a marine engineer/naval architect from the Bureau of Labor Statistics (http://www.bls.gov/oes/2011/may/oes172121.htm) multiplied by load factor of 1.44 to account for benefits (ftp://ftp.bls.gov/pub/special.requests/ocwc/ect/ececqrtn.pdf).

    Costs for Foreign-Flagged Vessels

    As foreign-flagged vessels are obtaining and revising CSMs under the auspices of their flag states, their only cost for this interim rule is to remedy deficiencies. The cost in each year is the number of deficient vessels times the unit cost of $7,625. Table 13 presents the undiscounted cost estimate for foreign-flagged vessels over the 10-year period.

    Table 13—Costs to Foreign-Flagged Vessels for Developing CSMs Year Base
  • population
  • Remedied Unit cost Total
  • cost
  • 1 6,353 4 $7,625 $30,500 2 6,664 4 7,625 30,500 3 6,991 4 7,625 30,500 4 7,334 4 7,625 30,500 5 7,693 5 7,625 38,125 6 8,070 5 7,625 38,125 7 8,465 5 7,625 38,125 8 8,880 5 7,625 38,125 9 9,315 6 7,625 45,750 10 9,771 6 7,625 45,750 Total 48 366,000
    Costs for U.S.-Flagged Vessels

    As discussed previously, all 83 U.S.-flagged vessels have CSMs and have operated under them for over a decade. In addition, current business practices, particularly the requirements of insurers, would also indicate the use of a CSM. For these reasons, and as presented in the Regulatory Analysis of the NPRM, the requirements in this interim rule are not expected to result in a change in practice or incur a cost for the 83 U.S.-flagged vessels.

    For the purposes of this regulatory analysis, we also compute costs assuming a baseline without CSMs for the 83 U.S.-flagged vessels. The cost for U.S.-flagged vessels to develop CSMs is presented in Table 14.

    Table 14—Costs of Developing CSMs for U.S. Vessels to Industry and the Federal Government Year Base
  • population
  • Industry
  • CSM
  • cost
  • Industry
  • cost
  • Federal
  • Government
  • cost
  • Total cost
    1 83 $8,750 $726,250 $90,304 $816,554 2 9 7,625 68,625 9,792 78,417 3 9 7,625 68,625 9,792 78,417 4 9 7,625 68,625 9,792 78,417 5 9 7,625 68,625 9,792 78,417 6 9 7,625 68,625 9,792 78,417 7 9 7,625 68,625 9,792 78,417 8 9 7,625 68,625 9,792 78,417 9 9 7,625 68,625 9,792 78,417 10 9 7,625 68,625 9,792 78,417 Total 164 1,343,875 178,432 1,522,307

    Table 15 presents the total costs for foreign-flagged vessels and U.S.-flagged vessels assuming a pre-CSM baseline on an undiscounted basis and the total costs discounted at rates of 7 percent and 3 percent. As shown in Table 15, the total 10-year cost for upgrading CSMs at a 7-percent discount rate is $1,490,587, or $212,226 on an annualized basis.

    Table 15—CSMs—Undiscounted Component and Total Costs; and Total Costs at Discount Rates of 7 Percent and 3 Percent Year Undiscounted U.S-
  • flagged
  • cost
  • Foreign-
  • flagged
  • cost
  • Total cost Discounted 7% 3%
    1 $816,554 $30,500 $847,054 $791,639 $822,383 2 78,417 30,500 108,917 95,132 102,665 3 78,417 30,500 108,917 88,909 99,674 4 78,417 30,500 108,917 83,092 96,771 5 78,417 38,125 116,542 83,093 100,530 6 78,417 38,125 116,542 77,657 97,602 7 78,417 38,125 116,542 72,577 94,759 8 78,417 38,125 116,542 67,829 91,999 9 78,417 45,750 124,167 67,539 95,164 10 78,417 45,750 124,167 63,120 92,392 Total 1,522,307 366,000 1,888,307 1,490,587 1,693,939 Annualized 212,226 198,581

    iv. Benefits. The benefit of adding the SOLAS requirements and current Coast Guard guidance on CSMs to the CFR is increased Coast Guard enforcement authority. We previously cited the statistics from the Coast Guard's CSM inspection activities from 2009 through 2011 for both U.S.- and foreign-flagged vessels. However, as noted in Section IV, Background and Regulatory History, of this preamble, the only current U.S. implementation of the CSM is via current Coast Guard guidance, which is unenforceable. Incorporating these rules into the CFR elevates the guidelines and standards to being a Federal regulation. As described in Section III, Basis and Purpose, of this preamble, the Coast Guard has existing authorities to inspect vessels, regulate an inspected vessel's operation, fittings, equipment, and appliances, and implement SOLAS. The Coast Guard believes that it can enforce the provisions of this rule under these authorities.

    v. Alternatives. Alternatives to this provision of the rule that we considered include various ways to apply the requirements to prepare and implement CSMs to U.S.-flagged vessels in coastwise trade. The NPRM published in 2000 presented five options for applying CSM regulations to U.S. domestic voyages. Table 16 presents descriptions of these options and a summary of the comments.

    Table 16—Options To Extend CSM Requirements to U.S. Domestic Voyages Option No. Description Summary of comments 1 Extend SOLAS requirements to domestic voyages 4 supported, 5 opposed for these reasons: • Preferred compromise of Options 1 & 2; • Not requiring regular reviews; • Too restrictive; • Require too much standardization; and • Would not work for seagoing barges as no two barge cargoes are identical. 2 Vessel specific standards, Coast Guard approval 1 supported, 5 opposed for these reasons: • Evaluate against experience with continuous examination program and noted similarity with Option 5; • Too many variables causing unneeded burden; • Would not work, but did not give specific reasons; • Second choice; and • Preferred compromise of Options 1 and 2. 3 Certificate for carrying hazardous materials One commenter stated its decision would depend on specific requirements, and 3 commenters opposed for these reasons: • Surveyors for multiple voyages not feasible for cost and availability; • Could not ensure surveyor availability; and • High costs of surveyors. 4 Allow each vessel to choose from among Options 1, 2, and 3 One commenter noted that companies supporting domestic rules would find this attractive, but did not state its own opinion. Another stated that it combined the strengths and weaknesses of the other Options. One opposed for unstated reasons and another was opposed because the “menu of options” would cause confusion. 5 Standards developed with industry Three comments supported, 1 for unstated reasons and 2 because of its flexibility; and 1 commenter was opposed because it would not ensure meeting needs of different vessel types and operations.

    The options presented in the NPRM were only outlined and did not have cost estimates. We developed a cost estimate for Option 1 that would extend SOLAS requirements to domestic vessels. We added these details to Option 1 to make the calculations:

    • The affected population will be U.S.-flagged vessels in coastwise trade. The geographic identification was vessels with coastwise route certifications. We identified 688 vessels from MISLE that met these requirements, comprised of 195 freight barges, 160 freight ships, and 333 offshore supply vessels.

    • In general, the vessels in the U.S. affected population for this alternative are smaller than the foreign-flagged vessels that comprise the affected population of the regulation. Data comparisons for the U.S. fleet shows average gross tons of 8,165 and average length of 326 feet. The comparable data for the foreign-flagged vessels is average gross tonnage of 31,306 and average length of 619 feet. Therefore, for the unit cost of the U.S. coastwise vessels, we assigned the low-end value of $7,500, which came from the range supplied by the subject matter experts we contacted. The recent history of new builds is projected to continue through the 10-year analysis period. MISLE reported 22 new vessels per year from 2009 through 2012, and we used this in our analysis.

    • A phase-in period was not in the NPRM, but we added a 3-year phase-in period to this interim rule to mitigate the burden on both vessel owners and the authorized approval organizations. We assume that vessel owners will distribute the certification of the manuals for their vessels evenly over the phase-in period. This will enable vessel owners and authorized approval organizations to schedule cargo securing approvals in conjunction with vessel down-time, such as scheduled examinations or times of vessel repairs and upgrades.

    With these parameters, we developed a 10-year cost schedule for Option 1. Because the costs to foreign-flagged vessels would be the same for Option 1 as for the preferred alternative, the data presented show the marginal costs for Option 1. The annualized cost, using a 7-percent discount rate, would be $807,605. The cost estimates are displayed in Table 17.

    Table 17—Cost Estimate for Option 1, Extend CSM Requirements to Domestic Vessels Year Existing
  • vessels
  • New
  • vessels
  • Total
  • vessels
  • Unit cost Total
  • cost
  • Discounted 7% 3%
    1 229 22 251 $7,500 $1,882,500 $1,759,346 $1,827,670 2 229 22 251 7,500 1,882,500 1,644,248 1,774,437 3 230 22 252 7,500 1,890,000 1,542,803 1,729,618 4 0 22 22 7,500 165,000 125,878 146,600 5 0 22 22 7,500 165,000 117,643 142,330 6 0 22 22 7,500 165,000 109,946 138,185 7 0 22 22 7,500 165,000 102,754 134,160 8 0 22 22 7,500 165,000 96,032 130,253 9 0 22 22 7,500 165,000 89,749 126,459 10 0 22 22 7,500 165,000 83,878 122,775 Total 688 220 908 6,810,000 5,672,277 6,272,487 Annualized 807,605 735,327

    The goal of Option 1 is to reduce the occurrence and impacts of lost containers in U.S. coastwise trade. However, the comments to the NPRM indicate that this is not a significant problem. One commenter stated that cargo losses from barges are rare, another stated that seagoing barges “are generally safe from cargo loss,” and another commenter stated that “most cargo losses result from container structural problems that the vessel owner or operator cannot know about or prevent.” However, as described above, the reporting of these incidents is uncertain. We anticipate that, with the more accurate reporting required by this interim rule, we will be able to validate this assertion. Additionally, our initial cost estimates, as presented in Table 17, indicate that industry would incur annualized costs, discounted at 7 percent, of $807,605 beyond what is in this rule. Therefore, this interim rule focuses exclusively on vessels in international trade. However, the Coast Guard can reevaluate this position and initiate another rulemaking for the U.S. coastwise trade if new information indicates either underreporting or an upward trend of lost containers.

    c. Approval of Authorized Organizations

    The Coast Guard authorizes classification societies and other organizations to review and approve CSMs on its behalf. The procedures for these organizations are currently found in Coast Guard guidance and cover selection criteria, information required by organizations applying for authorization status, and the Coast Guard's application review procedures, termination of authorization procedures, and appeals procedures.

    Following the procedures in current Coast Guard guidance, the Coast Guard has authorized these six classification societies to review and approve CSMs: American Bureau of Shipping (ABS), Det Norske Veritas (DNV), Lloyd's Register of Shipping (LR), Germanischer Lloyd (GL), RINA S.p.A, and ClassNK (NK).31 We anticipate that no other classification societies will be applying for CSM approval authority in the near future.32

    31 List of classification societies authorizations: http://www.uscg.mil/hq/cg5/acp/docs/ClassSocietyAuths22Dec2013.pdf.

    32 For more information see the final rule “Approval of Classification Societies”, VII. A, “Regulatory Planning and Review”, 77 FR 47548, RIN 1625-AB35).

    However, current Coast Guard guidance is not legally enforceable. This interim rule will incorporate these procedures from guidance into the CFR with only some minor editorial changes, such as updating the address of Coast Guard Headquarters. Therefore, we believe there will be no additional regulatory costs associated with the codification of these application procedures. Table 18 presents the change matrix for the codification of the class society approval guidance into the CFR and summarizes the specific edit or change, the affected population, and the economic impact.

    Table 18—Change Matrix for Incorporating Class Society Approval Procedures Into 46 CFR Reference & description Affected population Economic impact 97.100 Applicability: . . . (a)(4), organizations applying for CSM approval authority New applicants No impact, incorporates current guidance into regulations. 97.115 Situation requiring report, criteria for reporting lost cargo Vessels subject to the rule that lose cargo overboard Costs for correction of noncompliance with existing requirements. 97.200 CSM approval for U.S. vessels on international voyages: . . . (a)(1), authorized applicants include owner, operator, or agent Owners, operators, and agents, of new U.S. vessels in international trade Administrative change, guidance only referenced owner. . . . (a)(2), CG oversight of approval authority applications Organizations applying for CSM approval authority No change, incorporates current guidance into regulations. . . . (a)(3), application procedures U.S. vessels in international trade No change, incorporates current guidance into regulations. . . . (a)(4), approval authority retains a copy Authorized approval organizations No change, incorporates current guidance into regulations. . . . (b), approval letter contents Authorized approval organizations No change, incorporates current guidance into regulations . . . (c), disapproval procedures Authorized approval organizations No change, incorporates current guidance into regulations. . . . (d), resubmit procedures Owners or operators resubmitting a CSM No change, incorporates current guidance into regulations. . . . (e), documents kept on vessel Owners or operators of U.S. vessels subject to the rule No change, incorporates current guidance into regulations. 97.205 Requirements for amending an approved CSM, amending procedures Owners or operators of U.S. vessels subject to the rule No change, incorporates current guidance into regulations. 97.210 Appeals, appeals procedures Owners or operators of U.S. vessels subject to the rule and authorized approval organizations No change, incorporates current guidance into regulations 97.300 Authorized CSM approval authorities, lists approved organizations ABS, DNV, LR, GL, RINA, NK, National Cargo Bureau No change, incorporates current guidance into regulations. 97.305 Requests for authorization, application process Organizations seeking to become approved organizations No change, incorporates current guidance into regulations. 97.310 Criteria for authorization, evaluation criteria CG and organizations seeking to become approved organizations No change, incorporates current guidance into regulations. 97.315 Requirements for authorized approval organizations, responsibilities of CG and authorized approval organizations CG and authorized approval organizations No change, substantively incorporates and rewords current guidance into regulations. 97.320 Revocation of authorization, procedures for CG revoking an authorization CG and referenced organizations No change, substantively incorporates and rewords current guidance into regulations. Source: Coast Guard analysis.

    We considered alternatives to these changes and edits, and we concluded that there were no viable alternatives. The procedures in current Coast Guard guidance provide a complete description of all processes needed for approval and oversight of the subject organizations. Reducing or eliminating any of them, such as the one covering appeals, would leave a gap in the approval or oversight processes. We did not identify any weaknesses or gaps in the current Coast Guard guidance, other than the editorial changes. We also concluded that the recordkeeping information in the current Coast Guard guidance provides complete documentation for all the involved parties—vessel owners or operators, and approved organizations. Reducing or eliminating any of the recordkeeping rules would run the risk of producing a gap in the documentation. Conversely, adding additional recordkeeping rules would only increase associated burdens, but not provide any additional useful information.

    In summary, the rules governing organizations approved to issue CSMs will codify current procedures with no associated costs to industry or the government. The benefit of these rules is that they will provide a regulatory basis for the Coast Guard's oversight of organizations authorized to approve CSMs.

    d. Review of Costs and Benefits. The total cost of this interim rule is for the two cost elements: (1) Reporting of lost or Jettisoned Cargo; and (2) CSM Requirements. Table 19 presents the 10-year total cost schedule assuming a pre-CSM baseline for undiscounted costs, and the discounted costs at 7-percent and 3-percent interest rates.

    Table 19—Summary of the 10-Year Total Cost of Interim Rule, Undiscounted and Discounted at Interest Rates of 7 Percent and 3 Percent Year Undiscounted Lost or
  • jettisoned
  • cargo
  • CSM plans Total Discounted 7% 3%
    1 $475 $847,054 $847,529 $792,083 $822,844 2 499 108,917 109,416 95,568 103,135 3 523 108,917 109,440 89,336 100,153 4 547 108,917 109,464 83,510 97,257 5 570 116,542 117,112 83,499 101,022 6 594 116,542 117,136 78,053 98,100 7 642 116,542 117,184 72,976 95,281 8 665 116,542 117,207 68,216 92,524 9 689 124,167 124,856 67,913 95,692 10 737 124,167 124,904 63,495 92,940 Total 5,941 1,888,307 1,894,248 1,494,649 1,698,948 Annualized 212,804 199,169

    Table 20 summarizes the undiscounted costs disaggregated by flag, requirement, and sector.

    Table 20—10-Year Undiscounted Costs by Flag, Requirement, and Sector Flag Requirement Industry Federal
  • Government
  • Total
    United States Lost Cargo $387 $308 $695 CSM 1,343,875 178,432 1,522,307 U.S. Total 1,344,262 178,740 1,523,002 * Foreign Lost Cargo 2,930 2,323 * 5,253 CSM 366,000 0 366,000 Foreign Total 368,930 2,323 371,253 Total 1,713,192 181,063 1,894,255 Note: Subtotals and Totals do not match with those in other tables due to independent rounding.

    The primary benefit of this interim rule is that it places into the CFR rules and procedures for the cargo securing plans, the approval and oversight of organizations authorized to approve CSMs, and the reporting of lost or jettisoned cargo. Additionally, the reporting requirements for the lost or jettisoned cargo will provide the Coast Guard with additional information to track and monitor the effects on both navigation and the environment, and to take any appropriate enforcement actions. Overall, the interim rule will support the Coast Guard's missions of maritime safety and stewardship.

    e. Preliminary analysis of expanding the affected population.

    In Section V, Summary of the Rule, and Section VI, Discussion of Comments on SNPRM and Changes, we requested comments on our proposal to include self-propelled vessels less than 500 gross tons in the affected population. We conducted a preliminary analysis of the economic impacts of the proposal and summarize our findings below.

    The proposal would add an additional 45 foreign-flagged vessels, resulting in a new total of 6,398 foreign-flagged vessels. Combined with the 83 U.S.-flagged vessels, the total affected population would be 6,481 vessels.

    The only requirement that would be affected is the one requiring a subject vessel to have and follow an approved CSM. Of the 45 new vessels, 42 currently hold SOLAS cargo safety certificates. For this preliminary analysis we assumed that the three vessels without a cargo safety certificate would need to obtain an approved CSM. This would add an additional 26,250 (3 vessels × 8,750 per new CSM). A revised 10-year cost estimate for this requirement based on these assumptions is presented in Table 21.

    Table 21—Cost of CSM Plans Under the Proposed Rule (Adding Vessels Under 500 GT to Interim Rule Estimates), Undiscounted and Discounted at 7 Percent and 3 Percent Year U.S.-flagged
  • cost
  • Foreign-
  • flagged
  • Total cost 7% 3%
    1 $816,554 $53,375 $869,929 $813,018 $844,591 2 78,417 30,500 108,917 95,132 102,665 3 78,417 30,500 108,917 88,909 99,674 4 78,417 30,500 108,917 83,092 96,771 5 78,417 38,125 116,542 83,093 100,530 6 78,417 38,125 116,542 77,657 97,602 7 78,417 38,125 116,542 72,577 94,759 8 78,417 38,125 116,542 67,829 91,999 9 78,417 45,750 124,167 67,539 95,164 10 78,417 45,750 124,167 63,120 92,392 Total 1,522,307 388,875 1,911,182 1,511,966 1,716,147 Annualized 215,270 201,185

    The 7-percent annualized cost for the proposed modification to the CSM requirement is 215,270, compared to 212,226 for the interim rule, as shown in Table 15. Table 22 presents a revised 10-year schedule. It adds the 26,250 cost of new CSMs for the 3 vessels under 500 gross tons to the other requirements for reporting lost or jettisoned cargo and approval of classification societies.

    Table 22—Summary of the 10-Year Total Cost of the Proposed Rule (Adding Vessels Under 500 GT to Interim Rule Estimates) by Sector, Undiscounted and Discounted at 7 Percent and 3 Percent Year Industry Government Total 7% 3% 1 $779,890 $90,514 $870,404 $813,462 $845,052 2 99,403 10,013 109,416 95,568 103,135 3 99,417 10,023 109,440 89,336 100,153 4 99,430 10,034 109,464 83,510 97,257 5 107,068 10,044 117,112 83,499 101,022 6 107,081 10,055 117,136 78,053 98,100 7 107,108 10,076 117,184 72,976 95,281 8 107,121 10,086 117,207 68,216 92,524 9 114,759 10,097 124,856 67,913 95,692 10 114,786 10,118 124,904 63,495 92,940 Total 1,736,063 181,060 1,917,123 1,516,028 1,721,156 Annualized 215,848 201,772

    With the addition of self-propelled vessels that are less than 500 gross tons, the annualized cost at a 7-percent discount rate increases to 215,848, compared to 212,804 for the interim rule, as shown in Table 19.

    B. Small Entities 1. Summary of Findings

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) (RFA) and Executive Order (E.O.) 13272 require a review of proposed and final rules to assess their impacts on small entities. An agency must prepare an initial regulatory flexibility analysis (IRFA) unless it determines and certifies that a rule, if promulgated, would not have a significant impact on a substantial number of small entities. During the SNPRM stage, we published an IRFA to aid the public in commenting on the potential small business impacts of the proposals in the SNPRM. All interested parties were invited to submit data and information regarding the potential economic impact that would result from adoption of the proposals in the SNPRM.

    Under the RFA, we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.

    We determined that this interim rule affects a variety of large and small businesses, not-for-profit organizations, and governments (see the “Description of the Potential Number of Small Entities” section below). Based on the information from this analysis, we found—

    • Using size standards from the Small Business Administration (SBA), the 83 U.S-flagged vessels are controlled by 21 entities, none of which are small. The 6,353 foreign-flagged vessels are controlled by 1,023 entities. A review of the entities that control these vessels found that one foreign-flagged vessel is controlled by a non-U.S. not-for-profit entity that is not considered to be small, 7 foreign-flagged vessels are controlled by government agencies, and the remaining 6,345 foreign-flagged vessels are controlled by businesses. An analysis of a sample of the businesses controlling these vessels indicates that 48 percent are considered small.

    • Compliance actions will consist of upgrading deficient CSMs and reporting lost or jettisoned cargo.

    • Of the small entities in our sample with revenue information, 62 percent of them had an impact of less than 1 percent, and 28 percent had an impact within the 1 percent to 3 percent range.

    The Regulatory Flexibility Act also requires an agency to conduct a final regulatory flexibility analysis (FRFA) unless it determines and certifies that a rule is not expected to have a significant impact on a substantial number of small entities. We are not able to certify that the interim rule will not have a significant economic impact on a substantial number of small entities. Therefore, we have prepared the following FRFA.

    2. FRFA

    The RFA establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation. To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.”

    This FRFA was developed in accordance with Section 604(a) of the RFA. An FRFA must provide and/or address—

    a. A statement of the need for, and objectives of, the rule;

    b. A statement of the significant issues raised by the public comments in response to the initial regulatory flexibility analysis, a statement of the assessment of the agency of such issues, and a statement of any changes made in the rule as a result of such comments;

    c. The response of the agency to any comments filed by the Chief Counsel for Advocacy of the SBA in response to the rule, and a detailed statement of any change made to the interim rule as a result of the comments;

    d. A description of and an estimate of the number of small entities to which the rule will apply or an explanation of why no such estimate is available;

    e. A description of the projected reporting, recordkeeping, and other compliance requirements of the rule, including an estimate of the classes of small entities that will be subject to the requirement and the type of professional skills necessary for preparation of the report or record;

    f. A description of the steps the agency has taken to minimize the significant economic impact on small entities consistent with the stated objectives of applicable statutes, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the interim rule and why each one of the other significant alternatives to the rule considered by the agency which affect the impact on small entities was rejected;

    g. For a covered agency, as defined in section 609(d)(2), a description of the steps the agency has taken to minimize any additional cost of credit for small entities.

    a. A statement of the need for, and objectives of, the rule. The Coast Guard undertook this rulemaking to align U.S. regulations with the CSM requirements of SOLAS. The provisions of this rule also authorize recognized classification societies to review and approve CSMs on behalf of the Coast Guard, prescribe how other organizations can become CSM approval authorities, and prescribe when and how the loss or jettisoning of cargo must be reported. Enforcing those requirements should help prevent or mitigate the consequences of vessel cargo loss, and promote the Coast Guard maritime safety and stewardship missions.

    Sections 2103 and 3306 of 46 U.S.C. provide the statutory basis for this rule. Section 2103 gives the Secretary of the department in which the Coast Guard is operating general regulatory authority to implement Subtitle II (Chapters 21 through 147) of Title 46, which includes statutory requirements in 46 U.S.C. Chapter 33 for inspecting the vessels to which this rule applies. Section 3306 gives the Secretary authority to regulate an inspected vessel's operation, fittings, equipment, appliances, and other items in the interest of safety. The Secretary's authority under both statutes has been delegated to the Coast Guard in Department of Homeland Security Delegation No. 0170.1(92)(a) and (b). Additionally, the United States is a party to SOLAS. Where SOLAS must be enforced through U.S. regulations, those regulations are authorized by E.O. 12234.

    b. A statement of the significant issues raised by the public comments in response to the initial regulatory flexibility analysis, a statement of the assessment of the agency of such issues, and a statement of any changes made in the proposed rule as a result of such comments. We received no specific comments in response to the IRFA. However, in response to one commenter's suggestion, when we finalize this interim rule we intend to make 33 CFR part 97, subpart A, applicable to all self-propelled vessels, regardless of tonnage, and not just to vessels of 500 gross tons or more. Also in response to comments, we have removed seagoing barges and other non-self-propelled vessels from the applicability of subpart A; this subpart now is applicable only to self-propelled vessels. In all other respects, the interim rule is substantively unchanged from our SNPRM proposals.

    c. The response of the agency to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration (SBA) in response to the proposed rule, and a detailed statement of any change made to the interim rule as a result of the comments. We received no comments from the Chief Counsel for Advocacy of the SBA after the publication of the SNPRM.

    d. A description of, and an estimate of, the number of small entities to which the proposed rule will apply or an explanation of why no such estimate is available. The applicable population consists of self-propelled vessels that carry any cargo other than solid or liquid bulk commodities and are—

    • U.S.-flagged vessels engaged in international trade; or

    • Foreign-flagged vessels that are in the U.S. trade.

    Section VII.A.3, Affected Population, of this preamble presents an estimate of 6,436 vessels that will be subject to the interim rule. As described in Section VIII, Regulatory Analyses, of this preamble, we found that 83 vessels in the affected population were U.S.-flagged. For the cost analysis, we found that these vessels were currently in compliance with the CSM requirements. Also for the cost analysis, we assumed that compliance would continue throughout the 10-year forecast period and we continue with that assumption in this FRFA. The focus of this FRFA is on the 4,353 foreign-flagged vessels, which may be under the control of U.S. entities or foreign entities. Table 23 displays a break-out of this population by the type of entity that owns or operates these vessels.

    Table 23—Non-U.S. Vessels by Type of Entity Entity type Count Percent Business 6,345 99.87 Government 7 0.11 Not-for-Profit 1 0.02 Total 6,353 100.00

    All the government entities exceed the threshold for being classified as a small entity, as they are either agencies of a foreign government or exceed the 50,000 population threshold. We excluded these government entities from the revenue impact analysis. The single not-for-profit entity is also deemed not small, as it is part of an international organization.

    To analyze the potential impact on these businesses, we produced a random sample with a 95-percent confidence level and a confidence interval of 5 percent.33 The resulting sample consisted of 288 businesses. We researched public and proprietary databases and company Web sites for the location of the company, entity type (subsidiary or parent company), primary line of business, employee size, revenue, and other information.34 During the initial research, we found 1 entity that is now out of business and excluded it from the analysis. We found that 142 of the companies in our sample are based in countries other than the United States. There are another 78 entities for which we could not locate address information. Since they operate foreign-flagged vessels and we could not find location information in the Coast Guard databases and other sources, we inferred that they are operated by firms outside of the United States. Combining this information, we identified a total of 221 non-U.S. companies and excluded them from this revenue impact analysis. The population for the revenue impact analysis consists of the remaining 67 businesses from the working sample, and we found address information that locates all 67 of them in the United States.

    33 We selected a statistical sample so we would not need to research and collect employee size and revenue information for the entire affected operator population. We selected the operators in the sample through a random number generator process available in most statistical or spreadsheet software.

    34 We used information and data from Cortera (www.cortera.com), Manta (http://Manta.com), and ReferenceUSA (http://www.referenceusa.com).

    We researched and compiled the employee size and revenue data for the 67 U.S. businesses and we compared this information to the SBA “Table of Small Business Size Standards” to determine if an entity is small in its primary line of business as classified in the North American Industry Classification System (NAICS).35 We determined that 35 businesses exceeded the SBA small business size standards, and 32 businesses, or 48 percent of the sample, are small by the SBA standards. The information on location and size determination is summarized in Table 24.

    35 The SBA lists small business size standards for industries described in the North American Industry Classification System. See http://www.sba.gov/content/table-small-business-size-standards.

    Table 24—U.S. Business by Size Determination Entity type Entities Percent Exceed the threshold 35 52.2 Below the threshold 32 47.8 Total 67 100.0

    These 32 businesses that are below the SBA size thresholds are distributed among 16 NAICS classified industries. Table 25 lists the frequency, percentage, size standard, and size threshold of NAICS codes for the 32 small businesses found in the sample.

    Table 25—NAICS Codes of Identified Small Businesses NAICS code Industry Count Percent Size standard Size threshold 483111 Deep Sea Freight Transportation 12 37.5 Number of employees 500 488510 Freight Transportation Arrangement 5 15.6 Revenue $14,000,000 487210 Scenic & Sightseeing Transportation, Water 2 6.3 Revenue $7,000,000 423310 Lumber & Wood Merchant Whls 1 3.1 Number of employees 100 423860 Transportation Equipment and Supplies, Except Motor Vehicles 1 3.1 Number of employees 100 424420 Packaged Frozen Food Merchant Wholesalers 1 3.1 Number of employees 100 424910 Farm Supplies Merchant Whls 1 3.1 Number of employees 100 424990 Other Miscellaneous Nondurable Goods Merchant Wholesalers 1 3.1 Number of employees 100 441222 Boat Dealers 1 3.1 Revenue $25,500,000 483113 Coastal and Great Lakes Freight Transportation 1 3.1 Number of employees 500 484230 Specialized Freight Tracking Long Distance 1 3.1 Revenue $14,000,000 488210 Support Activities for Rail Transportation 1 3.1 Revenue 500 488320 Marine Cargo Handling 1 3.1 Revenue $25,500,000 493130 Farm Product Warehousing & Storage 1 3.1 Revenue $14,000,000 532411 Commercial Air, Rail, and Water Transportation Equipment Rental and Leasing 1 3.1 Revenue $32,500,000 541618 Other Management Consulting Services 1 3.1 Revenue $15,000,000 Total 32 99.7

    We selected the two industries that appeared most frequently in the random sample of entities. Businesses from these two industries accounted for 17 entities, or 53 percent of the entities in the random sample. Therefore, we assume that approximately 53 percent of all entities affected by this regulation will be in one of these industries. A brief description of the two industries affected most by this rule follows.

    • Deep Water Freight Transportation (483111): This industry comprises establishments primarily engaged in providing deep sea transportation of cargo to or from foreign ports.

    • Freight Transportation Arrangement (488510): This industry comprises establishments primarily engaged in arranging transportation of freight between shippers and carriers. These establishments are usually known as freight forwarders, marine shipping agents, or customs brokers, and offer a combination of services spanning transportation modes.

    e. A description of the projected reporting, recordkeeping, and other compliance requirements of the rule, including an estimate of the classes of small entities that will be subject to the requirement and the type of professional skills necessary for preparation of the report or record. The compliance requirements of the rule consist of upgrading deficient CSMs and reporting lost or jettisoned cargo. Therefore, this rule calls for a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Details on the burden estimate associated with this collection are available in Section VIII.D of this preamble.

    As discussed in Section VIII.A, Regulatory Planning and Review, from 2011 through 2013, the Coast Guard conducted 14,358 vessel inspections and found problems relating to CSMs in only 9 instances, which amounts to approximately 0.1 percent of the foreign-flagged vessels whose CSMs were deficient. We anticipate that the owners or operators of these vessels will upgrade their CSMs to meet standards and comply with this rule. We do not have detailed descriptions on each of the deficiency cases. To estimate a cost for this compliance action, we apply the estimate of $7,625 to remedy a CSM, as used in the Regulatory Analysis.

    For reporting lost or jettisoned cargo, we noted in Section VIII.A, Cost Discussions, that when one of these incidents occurs, the vessel staff already collects the needed information for company purposes. Thus, the only additional cost to the vessel is to report this information to the Coast Guard. We estimate the additional reporting will take 0.25 hours for the vessel's Master or other senior officer to compile and transmit the report to the Coast Guard. We estimate that the loaded wage rate for the Master or senior officer is $53.00 per hour. The cost of reporting is $13.25 (0.25 hours × $53 per hour).

    As discussed in Section VIII.A, Regulatory Planning and Review, we adjusted the affected population to account for anticipated growth in container traffic. In our 10-year analysis, we estimate that the number of vessels that will need to upgrade their CSMs will be 4 in Years 1 through 5, and will increase to 6 in Year 10. We also accounted for this growth in container traffic in our estimate of lost or jettisoned cargoes. In Section VIII.A, Cost Discussions, we estimate that in the first year the rule becomes effective, 20 incidents of lost or jettisoned cargo will occur. We estimate that the affected population in that year consists of 6,436 U.S.- and foreign-flagged vessels, yielding an incident rate of 0.3 percent (20 incidents/6,436 vessels). To execute a revenue impact analysis, we posited that in any given year, each business would have one vessel that will need to upgrade its CSM and one vessel that will experienc an incident of lost or jettisoned cargo. Given these assumptions, the total annual compliance cost for any company is $7,638.25, as shown in Table 26.

    Table 26—Annual Compliance Cost for Revenue Impact Analysis Cost Loaded wage Hours Total cost Upgrading 1 CSM N/A N/A $7,625 Reporting 1 hazardous condition $53 0.25 13.25 Total 7,638.25

    For each business in our sample with revenue data, we calculated the impact as the assumed cost of $7,638.25 as a percentage of that business's annual revenue. This produced a range of potential revenue impacts across the sample. Table 27 presents the impact data in ranges of less than 1 percent, 1 to 3 percent, 3 to 5 percent, and greater than 5 percent. As shown in this table, for approximately 62 percent of the companies, the revenue impact is less than 1 percent of annual revenue, and for approximately 28 percent of the companies, the revenue impact is between 1 percent and 3 percent.

    Table 27—Estimated Revenue Impact on Small Businesses Revenue impact class Count Percentage of
  • companies
  • Less than 1% 20 62.5 1% to 3% 9 28.1 3% to 5% 1 3.1 Less than 5% 2 6.3 Total 32 100.0

    As shown in Table 22, the highest cost to industry in any one year on an undiscounted basis is $114,786, which occurs in Year 10.

    The revenue impact analysis indicates that 62 percent of the affected population will have an impact of less than 1 percent and the other 28 percent will have an impact between 1 percent and 3 percent.

    f. A description of the steps the agency has taken to minimize the significant economic impact on small entities consistent with the stated objectives of applicable statutes, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the interim rule. Also, include a description explaining why each one of the other significant alternatives to the rule considered by the agency which affect the impact on small entities was rejected. Our cost estimate for the reporting of the lost or jettisoned cargo was based on information indicating that the vessel's crew already collects the needed information for business reasons. The only additional step required by this interim rule is to prepare the message to the Coast Guard, and that message can be delivered by a variety of electronic media. Thus, this interim rule minimizes the burden to a vessel's crew in order to provide additional information to the Coast Guard to enhance its execution of its maritime environmental protection mission.

    For CSMs, this interim rule is based solely on current requirements contained in SOLAS and current Coast Guard guidance. Our regulatory analysis indicates that 99 percent of the subject vessels currently comply with these requirements. This rule enhances the Coast Guard's maritime safety mission without adding any new requirements to vessel owners and operators.

    Alternatives were considered in this interim rule and are discussed in section VIII.A, Cost Discussions, of this preamble. Alternatives include various ways to apply the requirements to prepare and implement CSMs to U.S.-flagged vessels in coastwise trade. However, we concluded that standards developed for international trade cannot be economically justified for vessels operating only domestically at this time. Therefore, the focus of this interim rule is exclusively on vessels in international trade.

    g. For a covered agency, as defined in section 609(d)(2), a description of the steps the agency has taken to minimize any additional cost of credit for small entities. The Coast Guard is not a covered agency.

    C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121, we offered to assist small entities in understanding this rule so that they could better evaluate its effects on them and participate in the rulemaking. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

    Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

    D. Collection of Information

    This rule calls for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined in 5 CFR 1320.3(c), “collection of information” comprises reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. The title and description of the information collection, a description of those who must collect the information, and an estimate of the total annual burden follow. The estimate covers the time for preparing and reporting for the development of a CSM, revising a CSM, notification of other hazardous conditions, and notification of lost or jettisoned cargo.

    This collection of information applies to rulemaking procedures regarding CSMs. Specific areas covered in this information collection include 33 CFR part 97, “Cargo Securing Manuals;” 33 CFR part 160, “Ports and Waterways Safety-General;” and 46 CFR part 97, “Operations.” This rule will align the CFR with SOLAS.

    TITLE: Cargo Securing Manuals.

    OMB CONTROL NUMBER: 1625-0122.

    SUMMARY OF COLLECTION OF INFORMATION: The rule will add a new part 97, “Cargo Securing Manuals” to chapter 33 of the CFR. The collection of information burden for CSMs derives from one of these three events:

    • A SOLAS container vessel built after the rule becomes effective will need to develop and implement a CSM. The new vessel will need an approved CSM.

    • If a vessel changes its type, the CSM must be revised. An example of a type change is when a general break-bulk carrier is modified to become a containership.

    • If an existing vessel either changes 15 percent of its cargo securing systems or more than 15 percent of its portable securing devices, the CSM must be revised.

    Additionally, this interim rule will impose burdens for the notification of hazardous conditions. Currently, these notifications are made via VHS radio, satellite radio, cell phones, and other forms of electronic communication. The rule specifically allows for electronic communications, and we anticipate this will continue to be how the notifications are transmitted.

    Need for Information: Vessel owners or operators need to develop and implement CSMs to fulfill international safety standards established by SOLAS. The Coast Guard needs timely information on hazardous conditions to carry out its missions relating to protecting vessels, their crews and passengers, and the environment.

    Proposed use of Information: For new and modified CSMs, Coast Guard-authorized third-party organizations will review these CSMs and, if they are found to be acceptable, approve them. The Coast Guard will use the information from the notification of hazardous conditions to inform other vessel operators or waterway users of the situation and initiate any needed measures to reduce or eliminate the hazard. These actions will lead to a reduction of vessel casualties and pollution.

    Description of Respondents: There are three groups of respondents impacted by this interim rule:

    • Owners or operators of U.S.-flagged vessels that will need to submit new or revised CSMs to the recognized classification societies.

    • Recognized classification societies and other approved third-party organizations that will review the CSMs on behalf of the Coast Guard.

    • The operators of vessels that will be required to report hazardous conditions.

    Number of Respondents: We estimate that there will be 276 respondents affected annually by the CSM requirements. The total is divided into these three classes: (1) 83 for new CSMs; (2) 9 for revisions to existing CSMs; and (3) 184 notifications of hazardous conditions, which include lost or jettisoned cargo and other incidents. Table 28 describes the calculations for developing the estimates of each requirement relating to the CSM plans.

    Table 28—Estimates of Number of Respondents Class Requirement Description Count Total CSM Develop CSM, new vessel 83 in Year 1 83 Revise CSM, change in vessel type MISLE data shows none of the affected vessels have changed vessel type from 2001-2012 0 Revise CSM, replace CSM systems or equipment Annual rate of 11.3% from information supplied by an approved organization. Applied to U.S. population (see Table 3), (83 × 11.3%) 9 CSM Total 92 Notifications Notifications of hazardous condition From MISLE, average of 2009-2011 notifications 180 Notifications of lost or jettisoned cargo U.S. notifications, Table 8, year 10 4 Notifications Total 184 Grand Total 276

    Frequency of Response: A CSM is valid indefinitely, provided it does not meet any of the conditions for a revision. The reporting of hazardous conditions occurs as needed. In the subsequent “Number of Respondents” section, we present annual estimates of the reports.

    Burden of Response: The burden hours per requirement is estimated and shown below in Table 29.

    Table 29—Annual Burden Hours per Request Requirement Hours Notes Develop new CSM 48 8 hours to survey the vessel and 40 hours to draft the CSM. Revise CSM—change in vessel type 48 8 hours to survey the vessel and 40 hours to draft the CSM. Revise CSM—change in cargo securing systems or equipment 20 20 hours to revise the existing CSM. Notification of hazardous condition 0.25 0.25 hours for vessel crew to prepare and transmit the notice. Notification of lost of jettisoned cargo 0.25 0.25 hours for vessel crew to prepare and transmit the notice.

    Estimated Total Annual Burden: We estimate that the total annual burden to industry will be 4,210 hours. Table 30 displays the total burden hours for each request:

    Table 30—Total Annual Burden Hours Requirement Hours Develop new CSM 3,984 Revise CSM, change in vessel type 0 Revise CSM, change in cargo securing systems or equipment 180 Notification of hazardous condition 45 Notification of lost or jettisoned cargo 1 Total 4,210 Note: Total does not exactly sum due to independent rounding.

    Reason For Change: This interim rule will require collections of information regarding these two activities: (1) Development or revision of a CSM; and (2) notification of hazardous conditions, including lost or jettisoned cargo.

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that we consider the impact of paperwork and other information collection burdens imposed on the public. According to the 1995 amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi), an agency may not collect or sponsor the collection of information, nor may it impose an information collection requirement unless it displays a currently valid OMB control number.

    This interim rule will impose new information collection requirements. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), we will submit these new information collection requirements to OMB for its review. Notice of OMB information collection will be published in a future Federal Register notice.

    E. Federalism

    A rule has implications for federalism under E.O. 13132, Federalism, if it has 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. We have analyzed this rule under E.O. 13132 and have determined that it does not have implications for federalism. Our analysis follows.

    It is well settled that States may not regulate in categories reserved for regulation by the Coast Guard. It is also well settled, now, that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and 8101 (design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels), as well as the reporting of casualties and any other category in which Congress intended the Coast Guard to be the sole source of a vessel's obligations, are within the field foreclosed from regulation by the States. (See the decision of the Supreme Court in the consolidated cases of United States v. Locke and Intertanko v. Locke.)36

    36 529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000).

    This rule on cargo securing falls into the category of vessel operation. Because the States may not regulate within this category, the rule is consistent with the principles of federalism and preemption requirements in E.O. 13132.

    Additionally, 33 CFR 160.215 is promulgated under the authority of the Ports and Waterways Safety Act, Title I, and therefore, under the principles of Locke, preempts any conflicting or similar State regulations.37 The Locke court also held that Congress preempted the field of marine casualty reporting. The Coast Guard does not believe that this proposed amendment to an existing reporting requirement would be preemptive of any existing State or local regulations or requirements. However, any prospective State requirement for information reporting that conflicts with or is similar to the one proposed in this interim rule would be inconsistent with the federalism principles enunciated in Locke and therefore would be preempted.

    37See our statement to this effect, 68 FR 9537 at 9543 (Feb. 28, 2003).

    The Coast Guard recognizes the key role that State and local governments may have in making regulatory determinations. Additionally, for rules with federalism implications and preemptive effect, E.O. 13132 specifically directs agencies to consult with State and local governments during the rulemaking process. If you believe this interim rule has implications for federalism under E.O. 13132, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section of this preamble.

    F. Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

    G. Taking of Private Property

    This rule will not cause a taking of private property or otherwise have taking implications under E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

    H. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

    I. Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and will not create an environmental risk to health or risk to safety that might disproportionately affect children.

    J. Indian Tribal Governments

    This rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

    K. Energy Effects

    We have analyzed this rule under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under E.O. 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under E.O. 13211.

    L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the OMB, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies.

    This rule uses technical standards other than voluntary consensus standards. It incorporates two circulars and one resolution adopted by arms of the International Maritime Organization, an international organization under United Nations auspices, of which the United States is a member state. The two circulars describe in detail how a vessel's owner or operator may comply with CSM requirements contained in the International Convention for the Safety of Life at Sea. The resolution provides guidelines for third parties acting on behalf of a government agency like the Coast Guard.

    All three documents may be obtained from the IMO using the address given in the regulatory text for new 33 CFR 97.110.

    M. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have concluded that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded under section 2.B.2, figure 2-1, paragraph (34)(d) and under section 6(a) of the “Appendix to National Environmental Policy Act: Coast Guard Procedures for Categorical Exclusions, Notice of Final Agency Policy” (67 FR 48244, July 23, 2002). This rule involves regulations which concern documentation and equipping of vessels, as well as regulations concerning vessel operation safety standards. An environmental analysis checklist and a categorical exclusion are available in the docket where indicated under ADDRESSES.

    List of Subjects 33 CFR Part 97

    Cargo stowage and securing, Cargo vessels, Hazardous materials, Incorporation by reference, Reporting and recordkeeping requirements.

    33 CFR Part 160

    Administrative practice and procedure, Harbors, Hazardous materials transportation, Marine safety, Navigation (water), Personally identifiable information, Reporting and recordkeeping requirements, Seamen, Vessels, Waterways.

    46 CFR Part 97

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

    For the reasons discussed in the preamble, the Coast Guard amends 33 CFR chapter I and 46 CFR part 97 as follows:

    Title 33—Navigation and Navigable Waters 1. Add part 97 to subchapter F to read as follows: PART 97—RULES FOR THE SAFE OPERATION OF VESSELS, STOWAGE AND SECURING OF CARGOES Subpart A—Cargo Securing Manuals Sec. 97.100 Applicability—Electronic documentation. 97.105 Definitions. 97.110 Incorporation by reference. 97.115 Reporting lost or jettisoned cargo. 97.120 Cargo securing manuals. 97.121-97.199 [Reserved] 97.200 Cargo securing manual (CSM) approval for U.S.-flagged vessels on international voyages. 97.205 Requirements for amending an approved cargo securing manual (CSM). 97.210 Appeals. 97.211-97.299 [Reserved] 97.300 Authorized cargo securing manual (CSM) approval authorities. 97.305 Requests for authorization to act as cargo securing manual (CSM) approval authority. 97.310 Criteria for authorization. 97.315 Requirements for authorized approval organizations. 97.320 Revocation of authorization. Subpart B—[Reserved] Authority:

    46 U.S.C. 2103, 3306; E.O. 12234; Department of Homeland Security Delegation No. 0170.1(92)(a) and (b).

    PART 97—RULES FOR THE SAFE OPERATION OF VESSELS, STOWAGE AND SECURING OF CARGOES Subpart A—Cargo Securing Manuals
    § 97.100 Applicability—Electronic documentation.

    (a) This subpart applies to—

    (1) A self-propelled cargo vessel of 500 gross tons or more, on an international voyage, that must comply with Chapter VI/5.6 or Chapter VII/5 of the International Convention for the Safety of Life at Sea, 1974 as amended (SOLAS), that does not solely carry liquid or solid cargoes in bulk, and that is either a U.S.-flagged self-propelled cargo vessel, or a foreign-flagged self-propelled cargo vessel that is operating in waters subject to the jurisdiction of the United States;

    (2) A U.S.-flagged self-propelled cargo vessel that chooses to have this subpart applied to it by submitting a cargo securing manual for approval in accordance with § 97.200(a)(3);

    (3) A foreign-flagged self-propelled cargo vessel of 500 gross tons or more on an international voyage from a country that is not a signatory to SOLAS, that would otherwise be required to comply with Chapter VI/5.6 or Chapter VII/5 of SOLAS, that does not solely carry liquid or solid cargoes in bulk, and that is operating in waters subject to the jurisdiction of the United States; and

    (4) Any organization applying to be selected as a cargo securing manual approval authority.

    (b) This subpart does not apply to a vessel owned by the Maritime Administration that is part of the Ready Reserve Force or the title of which is vested in the United States and which is used for public purposes only.

    (c) Any manual, letter, request, appeal, or ruling required by this subpart may be provided or submitted in electronic form or in printed form.

    § 97.105 Definitions.

    As used in this subpart—

    Approval authority means a CSM approval authority, as that term is defined in this section.

    Cargo means the goods or merchandise conveyed in a vessel, and includes, but is not limited to, cargo that can be measured as a “cargo unit” as that term is used in the International Maritime Organization's Code of Safe Practice for Cargo Stowage and Securing, 2003 edition: “a vehicle, container, flat, pallet, portable tank, packaged unit, or any other entity, etc., and loading equipment, or any part thereof, which belongs to the ship but is not fixed to the ship . . .”; but it does not include other vessel equipment or the incidental personal possessions of persons on board the vessel.

    Cargo safe access plan (CSAP) means a plan included in the cargo securing manual that provides detailed information on safe access for persons engaged in work connected with cargo stowage and securing on ships that are specifically designed and fitted for the purpose of carrying containers.

    Cargo securing manual (CSM) means an electronic or printed manual developed to meet the requirements of SOLAS and this subpart and that is used by the master of a vessel to properly stow and secure cargoes on the vessel for which it is developed.

    Cargo securing manual approval authority or CSM approval authority means an organization that meets the requirements of this subpart, and that the Commandant has authorized to conduct certain actions and issue electronic or printed approval letters on behalf of the United States.

    Captain of the Port (COTP) means the U.S. Coast Guard officer as described in 33 CFR 6.01-3.

    Commandant, except as otherwise specified, means the Chief, Office of Operating and Environmental Standards, whose address is Commandant (CG-OES), 2703 Martin Luther King, Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509 and whose telephone number is 202-372-1404.

    Container means an article of transport equipment described in 49 CFR 450.3.

    Container vessel means a vessel specifically designed and fitted for the purpose of carrying containers.

    International voyage means a voyage between a port or place in one country (or its possessions) and a port or place in another country.

    § 97.110 Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection by contacting Mr. Ken Smith of the Coast Guard's Vessel and Facility Operating Standards Division, Commandant (CG-OES-2); telephone 202-372-1413, email [email protected], and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    (b) International Maritime Organization (IMO), Publications Section, 4 Albert Embankment, London, SE1 7SR, United Kingdom, +44(0)20 7735 7611, http://www.imo.org.

    (1) MSC.1/Circ.1352, Amendments to the Code of Safe Practice for Cargo Stowage and Securing (CSS Code), June 30, 2010 (Maritime Safety Committee Circular), IBR approved for § 97.120(b).

    (2) MSC.1/Circ. 1353/Rev.1, Revised Guidelines for the Preparation of the Cargo Securing Manual, December 15, 2014 (Maritime Safety Committee Circular), IBR approved for § 97.120(a).

    (3) Resolution A.739(18) (Res.A.739(18)), Guidelines for the Authorization of Organizations Acting on Behalf of the Administration, November 22, 1993 (Assembly Resolution), IBR approved for § 97.310(a).

    § 97.115 Reporting lost or jettisoned cargo.

    (a) In the event a vessel loses or jettisons at sea any cargo described in paragraph (b) of this section, it must comply with the immediate notification requirements of 33 CFR 160.215, and if the cargo contains hazardous material as defined in paragraph (c) of this section, the vessel must also report it as soon as possible in accordance with 49 CFR 176.48.

    (b) The cargo to which this section applies includes any container and any other cargo the loss or jettisoning of which could adversely affect the safety of any vessel, bridge, structure, or shore area or the environmental quality of any port, harbor, or navigable waterway of the United States.

    (c) As used in this section, “hazardous material” means a substance or material designated by the Secretary of Transportation as capable of posing an unreasonable risk to health, safety, and property when transported in commerce. The term includes hazardous substances, hazardous wastes, marine pollutants, and elevated temperature materials as defined in 49 CFR 171.8, materials designated as hazardous under the provisions of 49 CFR 172.101, and materials that meet the defining criteria for hazard classes and divisions in 49 CFR part 173.

    § 97.120 Cargo securing manuals.

    (a) Any vessel to which this subpart applies must have a cargo securing manual (CSM) on board that has been approved by the government of the country whose flag the vessel is entitled to fly; and a CSM approved after June 30, 2010, must, at a minimum, meet the guidelines in MSC.1/Circ. 1353/Rev.1, (incorporated by reference, see 33 CFR 97.110).

    (b) A container vessel with a keel laid on or after January 1, 2015, must include a cargo safe access plan that, at a minimum, meets the guidelines in MSC.1/Circ.1352, Annex 14, Guidance on Providing Safe Working Conditions for Securing of Containers on Deck (incorporated by reference, see 33 CFR 97.110).

    (c) While operating in waters under the jurisdiction of the United States, the Coast Guard may board any vessel to which this subpart applies to determine that the vessel has the document(s) required by paragraph (a) of this section on board. Any foreign-flagged vessel found not to be in compliance with paragraph (a) of this section may be detained by order of the Captain of the Port at the port or terminal where the noncompliance is found until the COTP determines that the vessel can go to sea without presenting an unreasonable threat of harm to the port, the marine environment, the vessel, or its crew.

    §§ 97.121-97.199 [Reserved]
    § 97.200 Cargo securing manual (CSM) approval for U.S.-flagged vessels on international voyages.

    (a) Owners of U.S.-flagged vessels on international voyages must have Cargo Securing Manuals (CSMs) approved in accordance with this part.

    (1) An applicant for CSM approval may be the owner or operator of the vessel, or a person acting on the owner or operator's behalf.

    (2) The Commandant is responsible for overseeing and managing the review and approval of CSM approval authority applications and providing an up-to-date list of organizations authorized to act under this subpart, which is available at http://www.uscg.mil/hq/cg5/cg522/cg5222, or by requesting it in writing from the Commandant and enclosing a self-addressed, stamped envelope.

    (3) The applicant must submit two dated copies of a CSM that meets the requirements of this subpart to a CSM approval authority for review and approval. If any amendments are submitted, they must be dated. The CSM must include a “change page” document to ensure continuous documentation of amendments made and the dates they were completed.

    (4) The approval authority will retain one copy of the CSM for its records.

    (b) If the approval authority completes the review process and approves the CSM, the approval authority will provide a CSM approval letter on its letterhead, containing—

    (1) Date of CSM approval;

    (2) A subject line reading: “APPROVAL OF CARGO SECURING MANUAL (AMENDMENT—if applicable) FOR THE M/V ____, OFFICIAL NUMBER ____”;

    (3) The following statement: “This is to certify that the Cargo Securing Manual (Amendment—if applicable) dated ____ for the M/V ____, Official Number ____, has been approved on behalf of the United States. The Cargo Securing Manual (Amendment—if applicable) was reviewed for compliance with Maritime Safety Committee Circular 1353 (MSC.1/Circ. 1353/Rev.1) for content, and correctness of the calculations on which the approval is based. This approval letter is to be kept with the Cargo Securing Manual, as proof of compliance with regulations VI/5.6 and VII5 of the 2004 amendments to the International Convention for the Safety of Life at Sea (SOLAS) 1974.”;

    (4) Signature of the approval authority official responsible for review and approval of the CSM; and

    (5) The approval authority's seal or stamp.

    (c) If the approval authority completes the review process and disapproves the CSM, the approval authority will provide a letter on its letterhead, containing—

    (1) Date of CSM disapproval; and

    (2) Explanation of why the CSM was disapproved and what the submitter must do to correct deficiencies.

    (d) The submitter of a disapproved CSM may resubmit the CSM with amendments for further review, either to correct deficiencies noted by the approval authority or to expand the CSM to fully meet the requirements of this part.

    (e) The original copy of the CSM approval letter must be kept with the approved CSM and its amendments, together with supporting documents and calculations used in granting the approval, on board the vessel for review by Coast Guard personnel upon request.

    § 97.205 Requirements for amending an approved cargo securing manual (CSM).

    Resubmission and re-approval by a CSM approval authority are required after any of the following events occurs:

    (a) Reconfiguration of a vessel from one type of cargo carriage to another (e.g., a general break-bulk cargo vessel reconfigured to a container or a roll-on/roll-off vessel).

    (b) Reconfiguration or replacement of 15 percent or more of the vessel's fixed cargo securing or tie-down systems with different types of devices or systems.

    (c) Replacement of 15 percent or more of the vessel's portable cargo securing devices, with different types of devices for securing the cargo not already used aboard the vessel (e.g., wire lashings replaced with turnbuckles or chains).

    § 97.210 Appeals.

    (a) A vessel owner or operator, or person acting on their behalf, who disagrees with a decision of a CSM approval authority may submit a written appeal to the approval authority requesting reconsideration of information in dispute. Within 30 days of receiving the appeal, the approval authority must provide the submitter with a final written ruling on the request, with a copy to the Commandant.

    (b) A submitter who is dissatisfied with the approval authority's final written ruling may appeal directly to the Commandant. The appeal must be made in writing and include the documentation and supporting evidence the submitter wants to be considered, and may ask the Commandant to stay the effect of the appealed decision while it is under review by the Commandant.

    (c) The Commandant will make a decision on the appeal and send a formal response to the submitter and a copy to the approval authority. The Commandant's decision will constitute final agency action on the appeal request.

    §§ 97.211-97.299 [Reserved]
    § 97.300 Authorized cargo securing manual (CSM) approval authorities.

    The following organizations are authorized to act on behalf of the United States for the review and approval of CSMs:

    (a) Any recognized classification society to which the Coast Guard has delegated issuance of a Cargo Ship Safety Equipment Certificate in accordance with 46 CFR 8.320(b)(4). A list of these organizations can be found at www.uscg.mil/hq/cg5/cg522/cg5222 in the “Summary of Authorizations” link.

    (b) The National Cargo Bureau, Inc., 17 Battery Place, Suite 1232, New York, NY 10004-1110, 212-785-8300, http://www.natcargo.org.

    § 97.305 Requests for authorization to act as cargo securing manual (CSM) approval authority.

    An organization seeking authorization as a CSM approval authority must make a request to the Commandant for authorization. The request must include, in writing, the items listed in this section or as otherwise specified by the Commandant.

    (a) A certified copy of the organization's certificate of incorporation or partnership on file with a U.S. State, including the name and address of the organization, with written statements or documents which show that—

    (1) The organization's owners, managers, and employees are free from influence or control by vessel shipbuilders, owners, operators, lessors, or other related commercial interests as evidenced by past and present business practices;

    (2) The organization has demonstrated, through other related work, the capability to competently evaluate CSMs for completeness and sufficiency according to the requirements of SOLAS and this part;

    (3) The organization has an acceptable degree of financial security, based on recent audits by certified public accountants over the last 5 years; and

    (4) The organization maintains a corporate office in the United States that has adequate resources and staff to support all aspects of CSM review, approval, and recordkeeping.

    (b) A listing of the names of the organization's principal executives, with titles, telephone, and telefax numbers.

    (c) A written general description of the organization, covering the ownership, managerial structure, and organization components, including any directly affiliated organizations, and their functions utilized for supporting technical services.

    (d) A written list of technical services the organization offers.

    (e) A written general description of the geographical area the organization serves.

    (f) A written general description of the clients the organization is serving, or intends to serve.

    (g) A written general description of similar work performed by the organization in the past, noting the amount and extent of such work performed within the previous 3 years.

    (h) A written listing of the names of full-time professional staff employed by the organization and available for technical review and approval of CSMs including—

    (1) Naval architects and naval engineers, with copies of their professional credentials, college degrees, and specialized training certificates;

    (2) Merchant mariners with Coast Guard-issued credentials, with a summary of their working experience on board cargo vessels (including vessel tonnage and types of cargo); and

    (3) Written proof of staff competence to perform CSM review and approval, evidenced by detailed summaries of each individual's experience (measured in months) during the past 5 years of evaluating maritime cargo securing systems. Experience summaries must be documented on company letterhead and endorsed by a company executive who has had direct observation of the individual and quality of his or her work product.

    (j) A complete description of the organization's internal quality control processes, including written standards used by the organization to ensure consistency in CSM review and approval procedures by qualified professionals.

    (k) A description of the organization's training program for assuring continued competency of professional employees performing CSM review and approval who are identified in the application.

    (l) Evidence of financial stability over the past 5-year period, such as financial reports completed independently by certified public accountants.

    (m) A list of five or more business references, including names, addresses, and telephone numbers of principal executives, who can attest to the organization's competence within the past 2 years.

    (n) A statement to the Coast Guard that gives its officials permission to inspect the organization's facilities and records of CSM review and approval on behalf of the United States at any time with reasonable advance notice.

    (o) Any additional information the organization deems to be pertinent.

    § 97.310 Criteria for authorization.

    (a) The Commandant will evaluate the organization's request for authorization and supporting written materials, looking for evidence of—

    (1) The organization's clear assignment of management duties;

    (2) Ethical standards for managers and cargo securing manual (CSM) reviewers;

    (3) Procedures for personnel training, qualification, certification, and re-qualification that are consistent with recognized industry standards;

    (4) Acceptable standards available for the organization's internal auditing and management review;

    (5) Recordkeeping standards for CSM review and approval;

    (6) Methods used to review and certify CSMs;

    (7) Experience and knowledge demonstrating competency to evaluate CSMs for completeness and sufficiency according to the requirements of SOLAS;

    (8) Methods for handling appeals; and

    (9) Overall procedures consistent with Res.A.739(18), (incorporated by reference, see § 97.110).

    (b) After a favorable evaluation of the organization's request, the Commandant may arrange to visit the organization's corporate and port offices for an on-site evaluation of operations.

    (c) When a request is approved, the organization and the Coast Guard will enter into the written agreement provided for by 33 CFR 97.315. If the request is not approved, the Commandant will give the organization a written explanation, and the organization may resubmit its request if it corrects any noted deficiencies.

    § 97.315 Requirements for authorized approval organizations.

    Approved organizations will enter into a written agreement with the Coast Guard that specifies—

    (a) The period the authorization is valid;

    (b) Which duties and responsibilities the organization may perform and what approval letters it may issue on behalf of the U.S.;

    (c) Reports and information the organization must send to the Commandant;

    (d) Actions the organization must take to renew the agreement when it expires; and

    (e) Actions the organization must take if the Commandant revokes authorization pursuant to 33 CFR 97.320.

    § 97.320 Revocation of authorization.

    The Commandant may revoke a cargo securing manual (CSM) approval authority's authorization and remove it from the list of CSM approval authorities if it fails to maintain acceptable standards. For the purposes of 46 CFR subpart 1.03, such a revocation would be treated as involving the recognition of a classification society and could be appealed pursuant to 46 CFR 1.03-15(h)(4). Upon revocation, the former approval authority must send written notice to each vessel owner whose CSM it approved. The notice must include the current list of CSM approval authorities and state—

    (a) That its authorization as a CSM approval authority has been revoked;

    (b) The Coast Guard's explanation for the revocation; and

    (c) That the vessel's CSM remains valid as long as amendments have not been completed which require it to be re-approved pursuant to 33 CFR 97.200 or 97.205.

    Subpart B—[Reserved]
    PART 160—PORTS AND WATERWAYS SAFETY—GENERAL 2. The authority citation for part 160 continues to read as follows: Authority:

    33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701; Department of Homeland Security Delegation No. 0170.1. Subpart C is also issued under the authority of 33 U.S.C. 1225 and 46 U.S.C. 3715.

    3. Revise § 160.215 to read as follows:
    § 160.215 Notice of hazardous conditions.

    (a) Whenever there is a hazardous condition either on board a vessel or caused by a vessel or its operation, the owner, agent, master, operator, or person in charge must immediately notify the nearest Coast Guard Sector Office or Group Office, and in addition submit any report required by 46 CFR 4.05-10.

    (b) When the hazardous condition involves cargo loss or jettisoning as described in 33 CFR 97.115, the notification required by paragraph (a) of this section must include—

    (1) What was lost, including a description of cargo, substances involved, and types of packages;

    (2) How many were lost, including the number of packages and quantity of substances they represent;

    (3) When the incident occurred, including the time of the incident or period of time over which the incident occurred;

    (4) Where the incident occurred, including the exact or estimated location of the incident, the route the ship was taking, and the weather (wind and sea) conditions at the time or approximate time of the incident; and

    (5) How the incident occurred, including the circumstances of the incident, the type of securing equipment that was used, and any other material failures that may have contributed to the incident.

    Title 46—Shipping PART 97—OPERATIONS 3. The authority citation for part 97 continues to read as follows: Authority:

    33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757; 3 CFR, 1991 Comp., p. 351; Department of Homeland Security Delegation No. 0170.1.

    4. Add § 97.12-10 to read as follows:
    § 97.12-10 Cargo securing manuals.

    Each U.S.-flagged vessel that must comply with Chapter VI/5.6 or Chapter VII/5 of the International Convention for the Safety of Life at Sea, 1974 as amended must have on board a cargo securing manual that meets the requirements of 33 CFR part 97.

    Dated: April 28, 2016. J.G. Lantz, Director of Commercial Regulations and Standards, U.S. Coast Guard.
    [FR Doc. 2016-10725 Filed 5-6-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0090] RIN 1625-AA09 Drawbridge Operation Regulation; Youngs Bay, Astoria, OR AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is temporarily changing the operating schedule that governs the Oregon State (Old Youngs Bay) highway bridge, mile 2.4, across Youngs Bay foot of Fifth Street at Astoria, OR. The Oregon Department of Transportation (ODOT) requested to change the operating schedule of the Old Youngs Bay Bridge for work on both bascule lifts. This change will allow ODOT to operate the double bascule draw in single leaf mode, one lift at a time, which will reduce the vertical clearance of the non-operable half of the span by five feet.

    DATES:

    This temporary final rule is effective from 12 a.m. on June 16, 2016 through 11:59 p.m. on October 31, 2016.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2016-0090 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive order FR Federal Register NPRM Notice of Proposed Rulemaking § Section Symbol U.S.C. United States Code ODOT Oregon State Department of Transportation TFR Temporary Final Rule II. Background, Purpose and Legal Basis

    The Coast Guard is issuing this temporary final rule (TFR) without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because to do so would be unnecessary. This deviation is already in place and waterway users are already acting in accordance with the schedule with no actual or anticipated impacts. Additionally, in response to the initial request from the ODOT, the Coast Guard published a notice of deviation on February 3, 2016, 81 FR 6758, which temporarily changed the operating schedule of the Old Youngs Bay Bridge through June 15, 2016. The Coast Guard contacted known waterway users who indicated such a deviation would have no significant impact. Therefore, it is unnecessary to provide an opportunity for notice and comment.

    III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. The ODOT owns and operates the Old Youngs Bay Bridge in accordance with 33 CFR 117.899(b). This bridge provides a vertical clearance approximately 19 feet above mean high water when in the closed-to-navigation position. ODOT is conducting bridge repairs, which are scheduled to be complete on October 31, 2016. In order to facilitate bridge repairs, one half of the double bascule bridge will have a containment system installed on the non-opening half of the span. This containment system will reduce the vertical clearance of the bridge by 5 feet, or 14 feet above mean high water. Both the previous notice of temporary deviation and this TFR allow the drawtender to open only half the draw span in single leaf mode.

    Marine traffic on Youngs Bay consists of vessels ranging from small pleasure craft, sailboats, small tribal fishing boats, and commercial tug and tow, and mega yachts.

    IV. Discussion of the Rule

    We are amending 33 CFR 117.899 to indicate that half of the double bascule span of the Youngs Bay Bridge will be opened instead of both spans once notice has been provided to the drawtender at the Lewis and Clark River Bridge. The draw span will be operable from 7 a.m. to 5 p.m. on weekdays and from 8 a.m. to 4 p.m. on weekends. This amendment will be in effect from 12 a.m. on June 16, 2016 through 11:59 p.m. on October 31, 2016, after which the bridge will be able to open both spans as before. The TFR is necessary to accommodate extensive maintenance and restoration efforts on the Old Youngs Bay Bridge. The TFR will allow construction workers to complete bridge and highway upgrades before winter, while having minimal impact on maritime navigation.

    V. Regulatory Analyses

    We developed this rule after considering numerous statutes and Executive Orders (E.O.(s)) related to rulemaking. Below we summarize our analyses based on these statutes and E.O.(s), and we discuss First Amendment rights of protestors.

    A. Regulatory Planning and Review

    E.O. 12866 and E.O. 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a “significant regulatory action,” under E.O. 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the ability of the Old Youngs Bay Bridge to open half the span on signal.

    B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the bridge may be small entities, for the reasons stated in section V.A above, this rule would not have a significant economic impact on any vessel owner or operator.

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

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

    C. Collection of Information

    This rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

    D. Federalism and Indian Tribal Government

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

    Also, this rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This proposed rule simply promulgates the operating regulations or procedures for drawbridges. Normally such actions are categorically excluded from further review, under figure 2-1, paragraph (32)(e), of the Instruction.

    Under figure 2-1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule.

    G. Protest Activities

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

    List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows:

    PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: Authority:

    33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1.

    2. In § 117.899, from 12 a.m. on June 16, 2016 through 11:59 p.m. on October 31, 2016, suspend paragraph (b) and add a paragraph (d).

    The addition reads as follows:

    § 117.899 Youngs Bay and Lewis and Clark River.

    (d) The draw of the Oregon State (Old Youngs Bay) highway bridge, mile 2.4, across Youngs Bay foot of Fifth Street, shall open half of the double bascule span on signal for the passage of vessels, if at least one half-hour notice is given to the drawtender, at the Lewis and Clark River Bridge by marine radio, telephone, or other suitable means from 7 a.m. to 5 p.m. Monday through Friday and from 8 a.m. to 4 p.m. Saturday and Sunday through October 31, 2016. At all other times, including all Federal holidays, but Columbus Day, at least a two-hour notice by telephone is required. The opening signal is two prolonged blasts followed by one short blast.

    R.T. Gromlich, Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
    [FR Doc. 2016-10772 Filed 5-6-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2016-0177] RIN 1625-AA00 Safety Zone: San Francisco State Graduation Fireworks Display, San Francisco, CA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a temporary safety zone in the navigable waters near AT&T Park in San Francisco, CA in support of the San Francisco State University Graduation Fireworks Display on May 28, 2016. This safety zone is established to ensure the safety of mariners and spectators from the dangers associated with the pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative.

    DATES:

    This rule is effective from 1 p.m. through 10 p.m. on May 28, 2016.

    ADDRESSES:

    Documents mentioned in this preamble are part of docket USCG-2016-0177. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Lieutenant Junior Grade Christina Ramirez, U.S. Coast Guard Sector San Francisco; telephone (415) 399-3585 or email at [email protected].

    SUPPLEMENTARY INFORMATION: I. Table of Abbreviations APA Adminstrative Procedure Act COTP Captain of the Port DHS Department of Homeland Security E.O. Executive Orders FR Federal Register COTP Captain of the Port NEPA National Environmental Policy Act of 1969 NOAA National Oceanic and Atmospheric Administration PATCOM Patrol Commander RFA Regulatory Flexibility Act of 1980 TFR Temporary Final Rule II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Because of the dangers posed by the pyrotechnics used in this fireworks display, the safety zone is necessary to provide for the safety of event participants, spectators, spectator craft, and other vessels transiting the event area. For the safety concerns noted, it is in the public interest to have these regulations in effect during the event in order to minimize potential danger to the public during the event. However, the Coast Guard received the information about the fireworks display on February 26, 2016. There is not enough time to complete the rulemaking process before the fireworks display is scheduled to occur.

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. For these same reasons, the Coast Guard finds good cause for implementing this rule less than thirty days before the effective date of the rule.

    III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish safety zones.

    The San Francisco State University Graduation will feature a finale fireworks display on May 28, 2016, near AT&T Park in San Francisco, CA in approximate position 37°46′36″ N. 122°22′56″ W. (NAD 83) as depicted in National Oceanic and Atmospheric Administration (NOAA) Chart 18650. During the loading, transit, and arrival of the fireworks barge and until the start of the fireworks display, the temporary safety zone applies to the navigable waters around and under the fireworks barge within a radius of 100 feet. From 1 p.m. until 5 p.m. on May 28, 2016, the fireworks barge will be loading at Pier 50 in San Francisco, CA. The fireworks barge will remain at Pier 50 until the start of the transit. From 8 p.m. until 8:30 p.m. on May 28, 2016, the loaded fireworks barge will transit from Pier 50 to the launch site near AT&T Park in San Francisco, CA in approximate position 37°46′36″ N. 122°22′56″ W. (NAD 83), where it will remain until the commencement of the fireworks display. Prior to the commencement of the 10-minute fireworks display, at 9:30 p.m. on May 28, 2016, the safety zone will expand to encompass the navigable waters within 700 feet of approximate position 37°46′36″ N. 122°22′56″ W. (NAD 83). The fireworks display is meant for entertainment purposes. This restricted area around the fireworks launch site is necessary to protect spectators, vessels, and other property from the hazards associated with pyrotechnics.

    IV. Discussion of the Final Rule

    The proposed safety zone will encompass the navigable waters around the barge near AT&T Park in San Francisco, CA. During the loading, transit, and arrival of the fireworks barge and until the start of the fireworks display, the temporary safety zone applies to the navigable waters around and under the fireworks barge within a radius of 100 feet. From 1 p.m. until 5 p.m. on May 28, 2016, the fireworks barge will be loading at Pier 50 in San Francisco, CA. The fireworks barge will remain at Pier 50 until the start of the transit. From 8 p.m. until 8:30 p.m. on May 28, 2016, the loaded fireworks barge will transit from Pier 50 to the launch site near AT&T Park in San Francisco, CA in approximate position 37°46′36″ N. 122°22′56″ W. (NAD 83), where it will remain until the commencement of the fireworks display. Prior to the commencement of the 10-minute fireworks display, at 9:30 p.m. on May 28, 2016, the safety zone will expand to encompass the navigable waters within a radius of 700 feet of approximate position 37°46′36″ N. 122°22′56″ W. (NAD 83). The safety zone shall terminate at 10 p.m.

    The effect of the temporary safety zone will be to restrict navigation in the vicinity of the launch site until the conclusion of the scheduled display. Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the restricted area. These regulations are needed to keep spectators and vessels away from the immediate vicinity of the launch site to ensure the safety of participants, spectators, and transiting vessels.

    V. Regulatory Analyses

    We developed this rule after considering numerous statutes and Executive Orders (E.O.'s) related to rulemaking. Below we summarize our analyses based on a number of these statutes and E.O.'s, and we discuss First Amendment rights of protestors.

    A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a “significant regulatory action,” under E.O. 12866. Accordingly, it has not been reviewed by the Office of Management and Budget.

    We expect the economic impact of this rule will not rise to the level of necessitating a full Regulatory Evaluation. The safety zone is limited in duration, and is limited to a narrowly tailored geographic area. In addition, although this rule restricts access to the waters encompassed by the safety zone, the effect of this rule will not be significant because the local waterway users will be notified via public Broadcast Notice to Mariners to ensure the safety zone will result in minimum impact. The entities most likely to be affected are waterfront facilities, commercial vessels, and pleasure craft engaged in recreational activities.

    B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.

    This rule may affect owners and operators of waterfront facilities, commercial vessels, and pleasure craft engaged in recreational activities and sightseeing. This safety zone would not have a significant economic impact on a substantial number of small entities for the following reasons. This safety zone would be activated, and thus subject to enforcement, for a limited duration. When the safety zone is activated, vessel traffic could pass safely around the safety zone. The maritime public will be advised in advance of this safety zone via Broadcast Notice to Mariners.

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

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

    C. Collection of Information

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

    D. Federalism and Tribal Governments

    A rule has implications for federalism under E.O. 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism.

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

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

    G. Protest Activities

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

    List of Subjects in 33 CFR Part 165

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

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

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

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

    2. Add temporary § 165.T11-774 to read as follows:
    § 165.T11-774 Safety Zone; San Francisco State Graduation Fireworks Display, San Francisco, CA.

    (a) Location. This safety zone is established in the navigable waters of the San Francisco Bay near AT&T Park in San Francisco, CA, as depicted in National Oceanic and Atmospheric Administration (NOAA) Chart 18650. During the loading, transit, and arrival of the fireworks barge and until the start of the fireworks display, the temporary safety zone applies to the navigable waters around and under the fireworks barge within a radius of 100 feet. From 1 p.m. until 5 p.m. on May 28, 2016, the fireworks barge will be loading at Pier 50 in San Francisco, CA. The fireworks barge will remain at Pier 50 until the start of the transit. From 8 p.m. until 8:30 p.m. on May 28, 2016, the loaded fireworks barge will transit from Pier 50 to the launch site near AT&T Park in San Francisco, CA in approximate position 37°46′36″ N. 122°22′56″ W. (NAD 83), where it will remain until the commencement of the fireworks display. Prior to the commencement of the 10-minute fireworks display, at 9:30 p.m. on May 28, 2016, the safety zone will expand to encompass the navigable waters within 700 feet of approximate position 37°46′36″ N. 122°22′56″ W. (NAD 83).

    (b) Enforcement period. The safety zone described in paragraph (a) of this section will be enforced from 1 p.m. to 10 p.m. on May 28, 2016. The Captain of the Port San Francisco (COTP) will notify the maritime community of periods during which this zone will be enforced via Broadcast Notice to Mariners in accordance with § 165.7.

    (c) Definitions. As used in this section, “designated representative” means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer on a Coast Guard vessel or a Federal, State, or local officer designated to assist in the enforcement of the safety zones.

    (d) Regulations. (1) Under the general regulations in subpart C of this part, entry into, transiting or anchoring within this safety zone is prohibited unless authorized by the COTP or a designated representative.

    (2) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or a designated representative.

    (3) Vessel operators desiring to enter or operate within the safety zone must contact the COTP or a designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the COTP or a designated representative. Persons and vessels may request permission to enter the safety zone may contact the Patrol Commander (PATCOM) on VHF-23A or through the 24-hour Command Center at telephone (415) 399-3547.

    Dated: April 26, 2016. Gregory G. Stump, Captain, U.S. Coast Guard, Captain of the Port San Francisco.
    [FR Doc. 2016-10892 Filed 5-6-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-1081] RIN 1625-AA00 Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone AGENCY:

    Coast Guard, DHS.

    ACTION:

    Final rule.

    SUMMARY:

    The Coast Guard is amending its safety zones regulation for Annual Events in the Captain of the Port Lake Michigan zone. This amendment updates 18 permanent safety zones and adds 3 new permanent safety zones. These amendments and additions are necessary to protect spectators, participants, and vessels from the hazards associated with annual maritime events, including fireworks displays, boat races, and air shows.

    DATES:

    This rule is effective June 8, 2016.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2015-1081 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Petty Officer Joseph McCollum, U.S. Coast Guard Sector Lake Michigan; telephone 414-747-7148, email [email protected]

    SUPPLEMENTARY INFORMATION: I. Table of Abbreviations

    CFR Code of Federal Regulations

    DHS Department of Homeland Security

    FR Federal Register

    NPRM Notice of Proposed Rulemaking

    § Section

    U.S.C. United States Code

    II. Background, Information and Regulatory History

    On January 20, 2016, the Coast Guard published a Notice of Proposed Rulemaking entitled Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone in the Federal Register (81 FR 3069). No comments were received. No public meeting was requested, and none was held.

    III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's authority to establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; Department of Homeland Security Delegation No. 0170.1.

    The purpose of this rulemaking is to update the safety zones in § 165.929 to ensure that they match the times, dates, and dimensions for various marine and triggering events that are expected to be conducted with the Captain of the Port Lake Michigan Zone throughout the year. The purpose of the rulemaking is also to ensure vessels and persons are protected from the specific hazards related to the aforementioned events. These specific hazards include obstructions to the waterway that may cause marine casualties; collisions among vessels maneuvering at a high speed within a channel; the explosive dangers involved in pyrotechnics and hazardous cargo; and flaming/falling debris into the water that may cause injuries.

    IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on January 20, 2016. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM.

    This rule amends 18 permanent safety zones found within table 165.929 in 33 CFR 165.929. These 18 amendments involve updating the location, size, and/or enforcement times for: 11 fireworks displays in various locations; 1 regatta in Spring Lake, Michigan; 3 Air Shows; 1 Facility in Marinette, Wisconsin; 1 boat race from Chicago, Illinois; and 1 ski show in Sister Bay, Wisconsin.

    Additionally, this rule adds 3 new safety zones to table 165.929 within § 165.929 for annually-reoccurring events in the Captain of the Port Lake Michigan Zone. These 3 zones were added in order to protect the public from the safety hazards previously described. The 3 additions include 2 safety zones for fireworks displays, and 1 safety zone for a boat parade in Chicago Harbor, Chicago, Illinois. A list of specific changes and additions are available in the attachments within this Docket.

    The Captain of the Port Lake Michigan has determined that the safety zones in this rule are necessary to ensure the safety of vessels and people during annual marine or triggering events in the Captain of the Port Lake Michigan zone. Although this rule will be effective year-round, the safety zones in this rule will be enforced only immediately before, during, and after events that pose a hazard to the public and only upon notice by the Captain of the Port Lake Michigan.

    The Captain of the Port Lake Michigan will notify the public that the zones in this rule are or will be enforced by all appropriate means to the affected segments of the public, including publication in the Federal Register, as practicable, in accordance with 33 CFR 165.7(a). Such means of notification may also include, but are not limited to, Broadcast Notice to Mariners or Local Notice to Mariners.

    All persons and vessels must comply with the instructions of the Coast Guard Captain of the Port Lake Michigan or his or her designated representative. Entry into, transiting, or anchoring within the safety zones is prohibited unless authorized by the Captain of the Port or his or her designated representative. The Captain of the Port or his or her designated representative may be contacted via VHF Channel 16.

    V. Regulatory Analyses

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

    A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget.

    We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zones created by this rule will be relatively small and effective during the time to ensure safety of spectator and participants for the listed triggering or marine events. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zones, and the rule will allow vessels to seek permission to enter the zones.

    B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received no comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

    While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V(A), above this rule will not have a significant economic impact on any vessel owner or operator.

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

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of safety zones for yearly triggering and marine events on and around Lake Michigan. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. An environmental analysis checklist and Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

    G. Protest Activities

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

    List of Subjects in 33 CFR Part 165

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

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

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

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

    2. Revise § 165.929 to read as follows:
    § 165.929 Safety Zones; Annual events requiring safety zones in the Captain of the Port Lake Michigan zone.

    (a) Regulations. The following regulations apply to the safety zones listed in Table 165.929 of this section.

    (1) The general regulations in 33 CFR 165.23.

    (2) All vessels must obtain permission from the Captain of the Port Lake Michigan or his or her designated representative to enter, move within, or exit a safety zone established in this section when the safety zone is enforced. Vessels and persons granted permission to enter one of the safety zones listed in this section must obey all lawful orders or directions of the Captain of the Port Lake Michigan or his or her designated representative. Upon being hailed by the U.S. Coast Guard by siren, radio, flashing light or other means, the operator of a vessel must proceed as directed.

    (3) The enforcement dates and times for each of the safety zones listed in Table 165.929 are subject to change, but the duration of enforcement would remain the same or nearly the same total number of hours as stated in the table. In the event of a change, the Captain of the Port Lake Michigan will provide notice to the public by publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcast Notice to Mariners.

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

    (1) Designated representative means any Coast Guard commissioned, warrant, or petty officer designated by the Captain of the Port Lake Michigan to monitor a safety zone, permit entry into a safety zone, give legally enforceable orders to persons or vessels within a safety zone, and take other actions authorized by the Captain of the Port Lake Michigan.

    (2) Public vessel means a vessel that is owned, chartered, or operated by the United States, or by a State or political subdivision thereof.

    (3) Rain date refers to an alternate date and/or time in which the safety zone would be enforced in the event of inclement weather.

    (c) Suspension of enforcement. The Captain of the Port Lake Michigan may suspend enforcement of any of these zones earlier than listed in this section. Should the Captain of the Port suspend any of these zones earlier than the listed duration in this section, he or she may make the public aware of this suspension by Broadcast Notice to Mariners and/or on-scene notice by his or her designated representative.

    (d) Exemption. Public vessels, as defined in paragraph (b) of this section, are exempt from the requirements in this section.

    (e) Waiver. For any vessel, the Captain of the Port Lake Michigan or his or her designated representative may waive any of the requirements of this section upon finding that operational conditions or other circumstances are such that application of this section is unnecessary or impractical for the purposes of safety or security.

    Table 165.929 Event Location 1 Enforcement date and time 2 (a) March Safety Zones (1) St. Patrick's Day Fireworks Manitowoc, WI
  • All waters of the Manitowoc River within the arc of a circle with a 250-foot radius from a center point launch position at 44°05.492′ N., 087°39.332′ W
  • The third Saturday of March; 5:30 p.m. to 7 p.m.
    (2) Public Fireworks Display Green Bay, WI
  • All waters of the Fox River in the vicinity of the Main Street and Walnut Street Bridge within an area bounded by the following coordinates; 44°31.211′ N., 088°00.833′ W.; then southwest along the river bank to 44°30.944′ N., 088°01.159′ W.; then southeast to 44°30.890′ N., 088°01.016′ W.; then northeast along the river bank to 44°31.074′ N., 088°00.866′ W.; then northwest returning to the point of origin
  • March 15; 11:50 a.m. to 12:30 p.m.
  • Rain date: March 16; 11:50 a.m. to 12:30 p.m.
  • (b) April Safety Zones (1) Michigan Aerospace Challenge Sport Rocket Launch Muskegon, MI
  • All waters of Muskegon Lake, near the West Michigan Dock and Market Corp facility, within the arc of a circle with a 1500-yard radius from the rocket launch site located in position 43°14.018′ N., 086°15.585′ W
  • The last Saturday of April; 8 a.m. to 4 p.m.
    (2) Lubbers Cup Regatta Spring Lake, MI
  • All waters of Spring Lake in Spring Lake, Michigan in the vicinity of Keenan Marina within a rectangle that is approximately 6,300 by 300 feet. The rectangle will be bounded by points beginning at 43°04.914′ N., 086°12.525′ W.; then east to 43°04.958′ N., 086°11.104′ W.; then south to 43°04.913′ N., 086°11.096′ W.; then west to 43°04.867′ N., 086°12.527′ W.; then north back to the point of origin
  • April 9; 7:45 a.m. to 6:15 p.m., and April 10; 8:45 a.m. to 1 p.m.
    (c) May Safety Zones (1) Tulip Time Festival Fireworks Holland, MI
  • All waters of Lake Macatawa, near Kollen Park, within the arc of a circle with a 1000-foot radius from the fireworks launch site in approximate center position 42°47.496′ N., 086°07.348′ W
  • The first Saturday of May; 9:30 p.m. to 11:30 p.m.
  • Rain date: The first Friday of May; 9:30 p.m. to 11:30 p.m.
  • (2) Cochrane Cup Blue Island, IL
  • All waters of the Calumet Saganashkee Channel from the South Halstead Street Bridge at 41°39.442′ N., 087°38.474′ W.; to the Crawford Avenue Bridge at 41°39.078′ N., 087°43.127′ W.; and the Little Calumet River from the Ashland Avenue Bridge at 41°39.098′ N., 087°39.626′ W.; to the junction of the Calumet Saganashkee Channel at 41°39.373′ N., 087°39.026′ W
  • The first Saturday of May; 6:30 a.m. to 5 p.m.
    (3) Rockets for Schools Rocket Launch Sheboygan, WI
  • All waters of Lake Michigan and Sheboygan Harbor, near the Sheboygan South Pier, within the arc of a circle with a 1500-yard radius from the rocket launch site located with its center in position 43°44.914′ N., 087°41.869′ W
  • The first Saturday of May; 8 a.m. to 5 p.m.
    (4) Celebrate De Pere Fireworks De Pere, WI
  • All waters of the Fox River, near Voyageur Park, within the arc of a circle with a 500 foot radius from the fireworks launch site located in position 44°27.167′ N., 088°03.833′ W
  • The Saturday or Sunday before Memorial Day; 8:30 p.m. to 10 p.m.
    (d) June Safety Zones (1) International Bayfest Green Bay, WI
  • All waters of the Fox River, near the Western Lime Company 1.13 miles above the head of the Fox River, within the arc of a circle with a 1,000-foot radius from the fireworks launch site located in position 44°31.408′ N., 088°00.710′ W
  • The second Friday of June; 9 p.m. to 11 p.m.
    (2) Harborfest Music and Family Festival Racine, WI
  • All waters of Lake Michigan and Racine Harbor, near the Racine Launch Basin Entrance Light, within the arc of a circle with a 200-foot radius from the fireworks launch site located in position 42°43.722′ N., 087°46.673′ W
  • Friday and Saturday of the third complete weekend of June; 9 p.m. to 11 p.m. each day.
    (3) Spring Lake Heritage Festival Fireworks Spring Lake, MI
  • All waters of the Grand River within the arc of a circle with a 700-foot radius from a barge in center position 43°04.375′ N., 086°12.401′ W
  • The third Saturday of June; 9 p.m. to 11 p.m.
    (4) Elberta Solstice Festival Elberta, MI
  • All waters of Betsie Lake within the arc of a circle with a 500-foot radius from the fireworks launch site located in approximate center position 44°37.607′ N., 086°13.977′ W
  • The last Saturday of June; 9 p.m. to 11 p.m.
    (5) World War II Beach Invasion Re-enactment St. Joseph, MI
  • All waters of Lake Michigan in the vicinity of Tiscornia Park in St. Joseph, MI beginning at 42°06.918′ N., 086°29.421′ W.; then west/northwest along the north breakwater to 42°06.980′ N., 086°29.682′ W.; then northwest 100 yards to 42°07.018′ N., 086°29.728′ W.; then northeast 2,243 yards to 42°07.831′ N., 086°28.721′ W.; then southeast to the shoreline at 42°07.646′ N., 086°28.457′ W.; then southwest along the shoreline to the point of origin
  • The last Saturday of June; 8 a.m. to 2 p.m.
    (6) Ephraim Fireworks Ephraim, WI
  • All waters of Eagle Harbor and Lake Michigan within the arc of a circle with a 750-foot radius from the fireworks launch site located on a barge in position 45°09.304′ N., 087°10.844′ W
  • The third Saturday of June; 9 p.m. to 11 p.m.
    (7) Thunder on the Fox Elgin, IL
  • All waters of the Fox River from the Kimball Street bridge, located at approximate position 42°02.499′ N., 088°17.367′ W., then 1250 yards north to a line crossing the river perpendicularly running through position 42°03.101′ N., 088°17.461′ W
  • Friday, Saturday, and Sunday of the third weekend in June; 10 a.m. to 7 p.m. each day.
    (8) Olde Ellison Bay Days Fireworks Ellison Bay, WI
  • All waters of Green Bay, in the vicinity of Ellison Bay Wisconsin, within the arc of a circle with a 400-foot radius from the fireworks launch site located on a barge in approximate center position 45°15.595′ N., 087°05.043′ W
  • The fourth Saturday of June; 9 p.m. to 10 p.m.
    (9) Sheboygan Harborfest Fireworks Sheboygan, WI
  • All waters of Lake Michigan and Sheboygan Harbor within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 43°44.914′ N., 087°41.897′ W
  • June 15; 8:45 p.m. to 10:45 p.m.
    (e) July Safety Zones (1) Town of Porter Fireworks Display Porter IN
  • All waters of Lake Michigan within the arc of a circle with a 1000 foot radius from the fireworks launch site located in center position 41°39.927′ N., 087°03.933′ W
  • The first Saturday of July; 8:45 p.m. to 9:30 p.m.
    (2) City of Menasha 4th of July Fireworks Menasha, WI
  • All waters of Lake Winnebago and the Fox River within the arc of a circle with an 800-foot radius from the fireworks launch site located in center position 44°12.017′ N., 088°25.904′ W
  • July 4; 9 p.m. to 10:30 p.m.
    (3) Pentwater July Third Fireworks Pentwater, MI
  • All waters of Lake Michigan and the Pentwater Channel within the arc of a circle with a 1,000-foot radius from the fireworks launch site located in position 43°46.942′ N., 086°26.625′ W
  • July 3; 9 p.m. to 11 p.m.
  • Rain date: July 4; 9 p.m. to 11 p.m.
  • (4) Taste of Chicago Fireworks Chicago, IL
  • All waters of Monroe Harbor and Lake Michigan bounded by a line drawn from 41°53.380′ N., 087°35.978′ W.; then southeast to 41°53.247′ N., 087°35.434′ W.; then south to 41°52.809′ N., 087°35.434′ W.; then southwest to 41°52.453′ N., 087°36.611′ W.; then north to 41°53.247′ N., 087°36.573′ W.; then northeast returning to the point of origin
  • July 3; 9 p.m. to 11 p.m.
  • Rain date: July 4; 9 p.m. to 11 p.m.
  • (5) St. Joseph Fourth of July Fireworks St. Joseph, MI
  • All waters of Lake Michigan and the St. Joseph River within the arc of a circle with a 1000-foot radius from the fireworks launch site in position 42°06.867′ N., 086° 29.463′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (6) U.S. Bank Fireworks Milwaukee, WI
  • All waters and adjacent shoreline of Milwaukee Harbor, in the vicinity of Veteran's park, within the arc of a circle with a 1,200-foot radius from the center of the fireworks launch site which is located on a barge in approximate position 43°02.362′ N., 087°53.485′ W
  • July 3; 8:30 p.m. to 11 p.m.
  • Rain date: July 4; 8:30 p.m. to 11 p.m.
  • (7) Manistee Independence Day Fireworks Manistee, MI
  • All waters of Lake Michigan, in the vicinity of the First Street Beach, within the arc of a circle with a 1,000-foot radius from the fireworks launch site located in position 44°14.854′ N., 086°20.757′ W
  • July 3; 9 p.m. to 11 p.m.
  • Rain date: July 4; 9 p.m. to 11 p.m.
  • (8) Frankfort Independence Day Fireworks Frankfort, MI
  • All waters of Lake Michigan and Frankfort Harbor, bounded by a line drawn from 44°38.100′ N., 086°14.826′ W.; then south to 44°37.613′ N., 086°14.802′ W.; then west to 44°37.613′ N., 086°15.263′ W.; then north to 44°38.094′ N., 086°15.263′ W.; then east returning to the point of origin
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (9) Freedom Festival Fireworks Ludington, MI
  • All waters of Lake Michigan and Ludington Harbor within the arc of a circle with a 800-foot radius from the fireworks launch site located in position 43°57.171′ N., 086°27.718′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (10) White Lake Independence Day Fireworks Montague, MI
  • All waters of White Lake within the arc of a circle with an 800-foot radius from a center position at 43°24.621′ N., 086°21.463′ W
  • July 4; 9:30 p.m. to 11:30 p.m.
  • Rain date: July 5; 9:30 p.m. to 11:30 p.m.
  • (11) Muskegon Summer Celebration July Fourth Fireworks Muskegon, MI
  • All waters of Muskegon Lake, in the vicinity of Hartshorn Municipal Marina, within the arc of a circle with a 700-foot radius from a center position at 43°14.039′ N., 086°15.793′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (12) Grand Haven Jaycees Annual Fourth of July Fireworks Grand Haven, MI
  • All waters of the Grand River within the arc of a circle with a 800-foot radius from the fireworks launch site located on the west bank of the Grand River in position 43°3.908′ N., 086°14.240′ W
  • July 4; 9 p.m. to 11:30 p.m.
  • Rain date: July 5; 9 p.m. to 11:30 p.m.
  • (13) Celebration Freedom Fireworks Holland, MI
  • All waters of Lake Macatawa in the vicinity of Kollen Park within the arc of a circle with a 2000-foot radius of a center launch position at 42°47.440′ N., 086°07.621′ W
  • July 4; 10 p.m. to 11:59 p.m.
  • Rain date: July 4; 10 p.m. to 11:59 p.m.
  • (14) Van Andel Fireworks Show Holland, MI
  • All waters of Lake Michigan and the Holland Channel within the arc of a circle with a 1000-foot radius from the fireworks launch site located in approximate position 42°46.351′ N., 086°12.710′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 3; 9 p.m. to 11 p.m.
  • (15) Saugatuck Independence Day Fireworks Saugatuck, MI
  • All waters of Kalamazoo Lake within the arc of a circle with a 500-foot radius from the fireworks launch site in center position 42°39.074′ N., 086°12.285′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (16) South Haven Fourth of July Fireworks South Haven, MI
  • All waters of Lake Michigan and the Black River within the arc of a circle with a 1000-foot radius from the fireworks launch site located in center position 42°24.125′ N., 086°17.179′ W
  • July 3; 9:30 p.m. to 11:30 p.m.
    (17) Town of Dune Acres Independence Day Fireworks Dune Acres, IN
  • All Waters of Lake Michigan within the arc of a circle with a 700-foot radius from the fireworks launch site located in position 41°39.303′ N., 087°05.239′ W
  • The first Saturday of July; 8:45 p.m. to 10:30 p.m.
    (18) Gary Fourth of July Fireworks Gary, IN
  • All waters of Lake Michigan, approximately 2.5 miles east of Gary Harbor, within the arc of a circle with a 500-foot radius from the fireworks launch site located in position 41°37.322′ N., 087°14.509′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (19) Joliet Independence Day Celebration Fireworks Joliet, IL
  • All waters of the Des Plains River, at mile 288, within the arc of a circle with a 500-foot radius from the fireworks launch site located in position 41°31.522′ N., 088°05.244′ W
  • July 3; 9 p.m. to 11 p.m.
  • Rain date: July 4; 9 p.m. to 11 p.m.
  • (20) Glencoe Fourth of July Celebration Fireworks Glencoe, IL
  • All waters of Lake Michigan in the vicinity of Lake Front Park, within the arc of a circle with a 1000-foot radius from a barge in position 42°08.404′ N., 087°44.930′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (21) Lakeshore Country Club Independence Day Fireworks Glencoe, IL
  • All waters of Lake Michigan within the arc of a circle with a 600-foot radius from a center point fireworks launch site in approximate position 42°09.130′ N., 087°45.530′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (22) Shore Acres Country Club Independence Day Fireworks Lake Bluff, IL
  • All waters of Lake Michigan within the arc of a circle with a 600-foot radius from approximate position 42°17.847′ N., 087°49.837′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (23) Kenosha Independence Day Fireworks Kenosha, WI
  • All waters of Lake Michigan and Kenosha Harbor within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 42°35.283′ N., 087°48.450′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (24) Fourthfest of Greater Racine Fireworks Racine, WI
  • All waters of Racine Harbor and Lake Michigan within the arc of a circle with a 900-foot radius from a center point position at 42°44.259′ N., 087°46.635′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (25) Sheboygan Fourth of July Celebration Fireworks Sheboygan, WI
  • All waters of Lake Michigan and Sheboygan Harbor, in the vicinity of the south pier, within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 43°44.917′ N., 087°41.850′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (26) Manitowoc Independence Day Fireworks Manitowoc, WI
  • All waters of Lake Michigan and Manitowoc Harbor, in the vicinity of south breakwater, within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 44°05.395′ N., 087°38.751′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (27) Sturgeon Bay Independence Day Fireworks Sturgeon Bay, WI
  • All waters of Sturgeon Bay, in the vicinity of Sunset Park, within the arc of a circle with a 1000-foot radius from the fireworks launch site located on a barge in position 44°50.562′ N., 087°23.411′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (28) Fish Creek Independence Fish Creek, WI
  • All waters of Green Bay, in the vicinity of Fish Creek Harbor, within the arc of a circle with a 1000-foot radius from the fireworks launch site located on a barge in position 45°07.867′ N., 087°14.617′ W
  • July 2; 9 p.m. to 11 p.m.
  • Rain date: July 2; 9 p.m. to 11 p.m.
  • (29) Fire over the Fox Fireworks Green Bay, WI
  • All waters of the Fox River including the mouth of the East River from the Canadian National Railroad bridge in approximate position 44°31.467′ N., 088°00.633′ W then southwest to the Main St. Bridge in approximate position 44°31.102′ N., 088°00.963′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (30) Celebrate Americafest Ski Show Green Bay, WI
  • All waters of the Fox River, including the mouth of the East River from the West Walnut Street Bridge in approximate position 44°30.912′ N., 088°01.100′ W., then northeast to an imaginary line running perpendicularly across the river through coordinate 44°31.337′ N., 088°00.640′ W
  • July 4 from 2:30 p.m. to 4:30 p.m.
  • Rain date: July 5; 2:30 p.m. to 4:30 p.m.
  • (31) Marinette Fourth of July Celebration Fireworks Marinette, WI
  • All waters of the Menominee River, in the vicinity of Stephenson Island, within the arc of a circle with a 900 foot radius from the fireworks launch site in center position 45°6.232′ N., 087°37.757′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (32) Evanston Fourth of July Fireworks Evanston, IL
  • All waters of Lake Michigan, in the vicinity of Centennial Park Beach, within the arc of a circle with a 500-foot radius from the fireworks launch site located in position 42°02.933′ N., 087°40.350′ W
  • July 4; 9 p.m. to 11 p.m.
  • Rain date: July 5; 9 p.m. to 11 p.m.
  • (33) Gary Air and Water Show Gary, IN
  • All waters of Lake Michigan bounded by a line drawn from 41°37.217′ N., 087°16.763′ W.; then east along the shoreline to 41°37.413′ N., 087°13.822′ W.; then north to 41°38.017′ N., 087°13.877′ W.; then southwest to 41°37.805′ N., 087°16.767′ W.; then south returning to the point of origin
  • July 6 thru 10; 8:30 a.m. to 5 p.m.
    (34) Annual Trout Festival Fireworks Kewaunee, WI
  • All waters of Kewaunee Harbor and Lake Michigan within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 44°27.493′ N., 087°29.750′ W
  • Friday of the second complete weekend of July; 9 p.m. to 11 p.m.
    (35) Michigan City Summerfest Fireworks Michigan City, IN
  • All waters of Michigan City Harbor and Lake Michigan within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 41°43.700′ N., 086°54.617′ W
  • Sunday of the second complete weekend of July; 8:30 p.m. to 10:30 p.m.
    (36) Port Washington Fish Day Fireworks Port Washington, WI
  • All waters of Port Washington Harbor and Lake Michigan, in the vicinity of the WE Energies coal dock, within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 43°23.117′ N., 087°51.900′ W
  • The third Saturday of July; 9 p.m. to 11 p.m.
    (37) Bay View Lions Club South Shore Frolics Fireworks Milwaukee, WI
  • All waters of Lake Michigan and Milwaukee Harbor, in the vicinity of South Shore Yacht Club, within the arc of a circle with a 900-foot radius from the fireworks launch site in position 42°59.658′ N., 087°52.808′ W
  • Friday, Saturday, and Sunday of the second or third weekend of July; 9 p.m. to 11 p.m. each day.
    (38) Venetian Festival Fireworks St. Joseph, MI
  • All waters of Lake Michigan and the St. Joseph River, near the east end of the south pier, within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 42°06.800′ N., 086°29.250′ W
  • Saturday of the third complete weekend of July; 9 p.m. to 11 p.m.
    (39) Joliet Waterway Daze Fireworks Joliet, IL
  • All waters of the Des Plaines River, at mile 287.5, within the arc of a circle with a 300-foot radius from the fireworks launch site located in position 41°31.250′ N., 088°05.283′ W
  • Friday and Saturday of the third complete weekend of July; 9 p.m. to 11 p.m. each day.
    (40) EAA Airventure Oshkosh, WI
  • All waters of Lake Winnebago in the vicinity of Willow Harbor within an area bounded by a line connecting the following coordinates: beginning at 43°56.822′ N., 088° 29.904′ W.; then north approximately 5100 feet to 43°57.653′ N., 088° 29.904′ W., then east approximately 2300 feet to 43°57.653′ N., 088° 29.374′ W.; then south to shore at 43°56.933′ N., 088°29.374′ W.; then southwest along the shoreline to 43°56.822′ N,. 088°29.564′ W.; then west returning to the point of origin
  • The last complete week of July, beginning Monday and ending Sunday; 8 a.m. to 8 p.m. each day.
    (41) Saugatuck Venetian Night Fireworks Saugatuck, MI
  • All waters of Kalamazoo Lake within the arc of a circle with a 500-foot radius from the fireworks launch site located on a barge in position 42°39.073′ N., 086°12.285′ W
  • The last Saturday of July; 9 p.m. to 11 p.m.
    (42) Roma Lodge Italian Festival Fireworks Racine, WI
  • All waters of Lake Michigan and Racine Harbor within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 42°44.067′ N., 087°46.333′ W
  • Friday and Saturday of the last complete weekend of July; 9 p.m. to 11 p.m.
    (43) Chicago Venetian Night Fireworks Chicago, IL
  • All waters of Monroe Harbor and all waters of Lake Michigan bounded by a line drawn from 41°53.050′ N., 087°36.600′ W.; then east to 41°53.050′ N., 087°36.350′ W.; then south to 41°52.450′ N., 087°36.350′ W.; then west to 41°52.450′ N., 087°36.617′ W.; then north returning to the point of origin
  • Saturday of the last weekend of July; 9 p.m. to 11 p.m.
    (44) New Buffalo Business Association Fireworks New Buffalo, MI
  • All waters of Lake Michigan and New Buffalo Harbor within the arc of a circle with a 800-foot radius from the fireworks launch site located in position 41°48.153′ N., 086°44.823′ W
  • July 3rd or July 5th; 9:30 p.m. to 11:15 p.m.
    (45) Start of the Chicago to Mackinac Race Chicago, IL
  • All waters of Lake Michigan in the vicinity of the Navy Pier at Chicago IL, within a rectangle that is approximately 1500 by 900 yards. The rectangle is bounded by the coordinates beginning at 41°53.252′ N., 087°35.430′ W.; then south to 41°52.812′ N., 087°35.430′ W.; then east to 41°52.817′ N., 087°34.433′ W.; then north to 41°53.250′ N., 087°34.433′ W.; then west, back to point of origin
  • July 22; 2 p.m. to 4:30 p.m. and July 23; 9 a.m. to 3 p.m.
    (46) Fireworks at Pier Wisconsin Milwaukee, WI
  • All waters of Milwaukee Harbor, including Lakeshore Inlet and the marina at Pier Wisconsin, within the arc of a circle with a 300-foot radius from the fireworks launch site on Pier Wisconsin located in approximate position 43°02.178′ N., 087°53.625′ W
  • Dates and times will be issued by Notice of Enforcement and Broadcast Notice to Mariners.
    (47) Gills Rock Fireworks Gills Rock, WI
  • All waters of Green Bay near Gills Rock WI within a 1000-foot radius of the launch vessel in approximate position at 45°17.470′ N., 087°01.728′ W
  • July 4; 8:30 p.m. to 10:30 p.m.
    (48) City of Menominee 4th of July Celebration Fireworks Menominee, MI
  • All Waters of Green Bay, in the vicinity of Menominee Marina, within the arc of a circle with a 900-foot radius from a center position at 45°06.417′ N., 087° 36.024′ W
  • July 4; 9 p.m. to 11 p.m.
    (49) Miesfeld's Lakeshore Weekend Fireworks Sheboygan, WI
  • All waters of Lake Michigan and Sheboygan Harbor within an 800-foot radius from the fireworks launch site located at the south pier in approximate position 43°44.917′ N., 087°41.967′ W
  • July 29; 9 p.m. to 10:30 p.m.
  • Rain date: July 30; 9 p.m. to 10:30 p.m.
  • (50) Marinette Logging and Heritage Festival Fireworks Marinette, WI
  • All waters of the Menominee River, in the vicinity of Stephenson Island, within the arc of a circle with a 900-foot radius from the fireworks launch site in position 45°06.232′ N., 087°37.757′ W
  • July 13; 9 p.m. to 11 p.m.
    (51) Summer in the City Water Ski Show Green Bay, WI
  • All waters of the Fox River in Green Bay, WI from the Main Street Bridge in position 44°31.089′ N., 088°00.904′ W then southwest to the Walnut Street Bridge in position 44°30.900′ N., 088°01.091′ W
  • Each Wednesday of July through August; 6 p.m. to 6:30 p.m. and 7 p.m. to 7:30 p.m.
    (52) Holiday Celebration Fireworks Kewaunee, WI
  • All waters of Kewaunee Harbor and Lake Michigan within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 44°27.481′ N., 087°29.735′ W
  • July 4; 8:30 p.m. to 10:30 p.m.
  • Rain date: July 5; 8:30 p.m. to 10:30 p.m.
  • (53) Independence Day Fireworks Wilmette, IL
  • All waters of Lake Michigan and the North Shore Channel within the arc of a circle with a 1000-foot radius from the fireworks launch site located at approximate center position 42°04.674′ N., 087°40.856′ W
  • July 3; 8:30 p.m. to 10:15 p.m.
    (54) Neenah Fireworks Neenah, WI
  • All waters of Lake Winnebago within a 700 foot radius of an approximate launch position at 44° 11.126′ N., 088° 26.941′ W
  • July 3 or 4; 8:45 p.m. to 10:30 p.m.
    (55) Milwaukee Air and Water Show Milwaukee, WI
  • All waters and adjacent shoreline of Lake Michigan in the vicinity of McKinley Park located within an area that is approximately 4800 by 1250 yards. The area will be bounded by the points beginning at 43°02.450′ N., 087°52.850′ W.; then southeast to 43°02.230′ N., 087°52.061′ W.; then northeast to 43°04.543′ N., 087°50.801′ W.; then northwest to 43°04.757′ N., 087°51.512′ W.; then southwest returning to the point of origin
  • July 6 thru 10; 8:30 a.m. to 5 p.m.
    (f) August Safety Zones (1) Super Boat Grand Prix Michigan City, IN
  • All waters of Lake Michigan bounded by a rectangle drawn from 41°43.655′ N., 086°54.550′ W.; then northeast to 41°44.808′ N., 086°51.293′ W., then northwest to 41°45.195′ N., 086°51.757′ W.; then southwest to 41°44.063′ N., 086°54.873′ W.; then southeast returning to the point of origin
  • The first Sunday of August; 9 a.m. to 4 p.m.
  • Rain date: The first Saturday of August; 9 a.m. to 4 p.m.
  • (2) Port Washington Maritime Heritage Festival Fireworks Port Washington, WI
  • All waters of Port Washington Harbor and Lake Michigan, in the vicinity of the WE Energies coal dock, within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 43°23.117′ N., 087°51.900′ W
  • Saturday of the last complete weekend of July or the second weekend of August; 9 p.m. to 11 p.m.
    (3) Grand Haven Coast Guard Festival Fireworks Grand Haven, MI
  • All waters of the Grand River within the arc of a circle with an 800-foot radius from the fireworks launch site located on the west bank of the Grand River in position 43°03.907′ N., 086°14.247′ W
  • First weekend of August; 9 p.m. to 11 p.m.
    (4) Sturgeon Bay Yacht Club Evening on the Bay Fireworks Sturgeon Bay, WI
  • All waters of Sturgeon Bay within the arc of a circle with a 500-foot radius from the fireworks launch site located on a barge in approximate position 44°49.297′ N., 087°21.447′ W
  • The first Saturday of August; 8:30 p.m. to 10:30 p.m.
    (5) Hammond Marina Venetian Night Fireworks Hammond, IN
  • All waters of Hammond Marina and Lake Michigan within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 41°41.883′ N., 087°30.717′ W
  • The first Saturday of August; 9 p.m. to 11 p.m.
    (6) North Point Marina Venetian Festival Fireworks Winthrop Harbor, IL
  • All waters of Lake Michigan within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 42°28.917′ N., 087°47.933′ W
  • The second Saturday of August; 9 p.m. to 11 p.m.
    (7) Waterfront Festival Fireworks Menominee, MI
  • All Waters of Green Bay, in the vicinity of Menominee Marina, within the arc of a circle with a 1000-foot radius from a center position at 45°06.447′ N., 087°35.991′ W
  • August 3; 9 p.m. to 11 p.m.
    (8) Ottawa Riverfest Fireworks Ottawa, IL
  • All waters of the Illinois River, at mile 239.7, within the arc of a circle with a 300-foot radius from the fireworks launch site located in position 41°20.483′ N., 088°51.333′ W
  • The first Sunday of August; 9 p.m. to 11 p.m.
    (9) Chicago Air and Water Show Chicago, IL
  • All waters and adjacent shoreline of Lake Michigan and Chicago Harbor bounded by a line drawn from 41°55.900′ N at the shoreline, then east to 41°55.900′ N., 087°37.200′ W., then southeast to 41°54.000′ N, 087°36.000′ W., then southwestward to the northeast corner of the Jardine Water Filtration Plant, then due west to the shore
  • August 18 thru 21; 8:30 a.m. to 5 p.m.
    (10) Pentwater Homecoming Fireworks Pentwater, MI
  • All waters of Lake Michigan and the Pentwater Channel within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 43°46.942′ N., 086°26.633′ W
  • Saturday following the second Thursday of August; 9 p.m. to 11 p.m.
    (11) Chicago Match Cup Race Chicago, IL
  • All waters of Chicago Harbor in the vicinity of Navy Pier and the Chicago Harbor break wall bounded by coordinates beginning at 41°53.617′ N., 087°35.433′ W.; then south to 41°53.400′ N., 087°35.433′ W.; then west to 41°53.400′ N., 087°35.917′ W.; then north to 41°53.617′ N., 087°35.917′ W.; then back to point of origin
  • August 6 thru 11; 8 a.m. to 8 p.m.
    (12) New Buffalo Ship and Shore Fireworks New Buffalo, MI
  • All waters of Lake Michigan and New Buffalo Harbor within the arc of a circle with a 800-foot radius from the fireworks launch site located in position 41°48.150′ N., 086°44.817′ W
  • August 10; 9:30 p.m. to 11:15 p.m.
    (13) Operations at Marinette Marine Marinette, WI
  • All waters of the Menominee River in the vicinity of Marinette Marine Corporation, from the Bridge Street Bridge located in position 45°06.188′ N., 087°37.583′ W., then approximately .95 NM south east to a line crossing the river perpendicularly passing through positions 45°05.881′ N., 087°36.281′ W. and 45°05.725′ N., 087°36.385′ W
  • This zone will be enforced in the case of hazardous cargo operations or vessel launch by issue of Notice of Enforcement and Marine Broadcast.
    (14) Fireworks Display Winnetka, IL
  • All waters of Lake Michigan within the arc of a circle with a 900-foot radius from a center point barge located in approximate position 42°06.402′ N., 087°43.115′ W
  • Third Saturday of August; 9:15 p.m. to 10:30 p.m.
    (15) Algoma Shanty Days Fireworks Algoma, WI
  • All waters of Lake Michigan and Algoma Harbor within the arc of a circle with a 1000-foot radius from the fireworks launch site located in a center position of 44°36.400′ N., 087°25.900′ W
  • Sunday of the second complete weekend of August; 9 p.m. to 11 p.m.
    (16) Venetian Night Parade Chicago, IL
  • All waters of Lake Michigan, in the vicinity of Navy Pier, bounded by coordinates beginning at 41° 53.771′ N., 087°35.815′ W.; and then south to 41°53.367′ N., 087°35.814′ W.; then west to 41°53.363′ N., 087°36.587′ W.; then north to 41°53.770′ N., 087°36.601′ W.; then east back to the point of origin
  • Last Saturday of August; 6:30 p.m. to 9:30 p.m.
    (g) September Safety Zones (1) ISAF Nations Cup Grand Final Fireworks Display Sheboygan, WI
  • All waters of Lake Michigan and Sheboygan Harbor, in the vicinity of the south pier in Sheboygan Wisconsin, within a 500 foot radius from the fireworks launch site located on land in position 43°44.917′ N., 087°41.850′ W
  • September 13; 7:45 p.m. to 8:45 p.m.
    (2) Sister Bay Marinafest Ski Show Sister Bay, WI
  • All waters of Sister Bay within an 800-foot radius of position 45°11.585′ N., 087°07.392′ W
  • September 3; 1 p.m. to 3:15 p.m.
    (3) Sister Bay Marinafest Fireworks Sister Bay, WI
  • All waters of Sister Bay within an 800-foot radius of the launch vessel in approximate position 45°11.585′ N., 087°07.392′ W
  • September 3 and 4; 8:15 p.m. to 10 p.m.
    (h) October Safety Zones (1) Corn Festival Fireworks Morris, IL
  • All waters of the Illinois River within a 560 foot radius from approximate launch position at 41°21.173′ N., 088°25.101′ W
  • The first Saturday of October; 8:15 p.m. to 9:15 p.m.
    (i) November Safety Zones (1) Downtown Milwaukee Fireworks Milwaukee, WI
  • All waters of the Milwaukee River in the vicinity of the State Street Bridge within the arc of a circle with a 300-foot radius from a center point fireworks launch site in approximate position 43°02.559′ N., 087°54.749′ W
  • The third Thursday of November; 6 p.m. to 8 p.m.
    (2) Magnificent Mile Fireworks Display Chicago, IL
  • All waters and adjacent shoreline of the Chicago River bounded by the arc of the circle with a 210-foot radius from the fireworks launch site with its center in approximate position of 41°53.350′ N., 087°37.400′ W
  • The third weekend in November; sunset to termination of display.
    (j) December Safety Zones (1) New Years Eve Fireworks Chicago, IL
  • All waters of Monroe Harbor and Lake Michigan within the arc of a circle with a 1000-foot radius from the fireworks launch site located on a barge in approximate position 41°52.683′ N., 087°36.617′ W
  • December 31; 11 p.m. to January 1 at 1 a.m.
    1 All coordinates listed in Table 165.929 reference Datum NAD 1983. 2 As noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed safety zones are subject to change.
    Dated: April 21, 2016. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
    [FR Doc. 2016-10306 Filed 5-6-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF TRANSPORTATION Federal Transit Administration 49 CFR Part 674 [FTA Docket No. FTA-2015-0003] RIN 2132-AB19 State Safety Oversight; Corrections AGENCY:

    Federal Transit Administration, DOT.

    ACTION:

    Final rule; corrections.

    SUMMARY:

    The Federal Transit Administration (FTA) is correcting a final rule that appeared in the Federal Register on March 16, 2016 (80 FR 14230). The document contained incorrect estimated total annual burden on respondents. This document corrects the estimated total annual burden hours for State Safety Oversight (SSO) Agencies and Rail Transit Agencies (RTA).

    DATES:

    Effective on May 9, 2016.

    FOR FURTHER INFORMATION CONTACT:

    For program matters, Brian Alberts, Program Analyst, FTA Office of Transit Safety and Oversight, telephone 202-366-1783 or [email protected] For legal matters, Richard Wong, FTA Office of Chief Counsel, telephone 202-366-4011 or [email protected]

    SUPPLEMENTARY INFORMATION:

    In FR Doc. 2016-05489 published in the Federal Register of Wednesday, March 16, 2016 (80 FR 14230), the following corrections are made:

    1. On page 14255, in the second column, the third full paragraph that starts with “Respondents:” is corrected to read as follows:

    Total Respondents: 90 (30 States + 60 Rail Transit Agencies).

    2. On page 14255, in the second column, the fifth full paragraph that starts with “Estimated Total Annual Burden Hours:” is corrected to read as follows:

    Total Annual Burden Hours: 586,443 hours (336,843 State Safety Oversight (SSO) Agency hours + 249,600 Rail Transit Agency (RTA) hours).

    FTA estimates that the annual information collection burden for States implementing 49 CFR part 674 requirements is 336,843 total hours. This equates to approximately 11,228 hours devoted to information collection activities for each of the estimated 30 States in the SSO Program. FTA estimates that the annual information collection burden for RTAs is approximately 249,600 total hours, or approximately 4,160 hours for each of the 60 rail transit agencies in the SSO Program.

    William Hyre, Deputy Associate Administrator for Administration.
    [FR Doc. 2016-10836 Filed 5-6-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150916863-6211-02] RIN 0648-XE611 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Using Trawl Gear in 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 Pacific cod by catcher vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the B season apportionment of the 2016 Pacific cod total allowable catch allocated to trawl catcher vessels in the BSAI.

    DATES:

    Effective 1200 hours, Alaska local time (A.l.t.), May 4, 2016, through 1200 hours, A.l.t., June 10, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Josh Keaton, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the BSAI exclusive economic zone 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 B season apportionment of the 2016 Pacific cod total allowable catch (TAC) allocated to trawl catcher vessels in the BSAI is 5,460 metric tons (mt) as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016).

    In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the B season apportionment of the 2016 Pacific cod TAC allocated to trawl catcher vessels in the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 5,000 mt and is setting aside the remaining 460 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in 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 closure of directed fishing for Pacific cod by catcher vessels using trawl gear in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of May 3, 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: May 4, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-10832 Filed 5-4-16; 4:15 pm] BILLING CODE 3510-22-P
    81 89 Monday, May 9, 2016 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-6418; Directorate Identifier 2015-NM-158-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for all Airbus Model A330-200 Freighter, -200, and -300 series airplanes; and Airbus Model A340-200, -300, -500, and -600 series airplanes. This proposed AD was prompted by reports of fuel leaking through fuel pump electrical connectors and fuel pump electrical connector damage caused by the build-up of moisture behind the electrical connector. Electrical connectors that become damaged by moisture can create an ignition source and a fuel leak. This proposed AD would require an inspection of the fuel pumps to identify their part numbers and replacement of affected pumps. We are proposing this AD to prevent a potential ignition source and a fuel leak due to damaged fuel pump electrical connectors. This condition creates a flammability risk in an area adjacent to the fuel tank.

    DATES:

    We must receive comments on this proposed AD by June 23, 2016.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

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

    For service information identified in this NPRM, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 45 80; email: [email protected]; Internet: http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-6418; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2016-6418; Directorate Identifier 2015-NM-158-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

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

    Discussion

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2015-0194, dated September 22, 2015, to correct an unsafe condition for all Airbus Model A330-200 Freighter, -200, and -300 series airplanes; and Airbus Model A340-200, -300, -500, and -600 series airplanes. The MCAI states:

    Operators reported cases of fuel leak through fuel pump electrical connectors. Subsequent investigation revealed fuel pump electrical connector damage caused by moisture build up behind the electrical connector.

    This condition, if not detected and corrected, could create concurrently an ignition source and fuel leak as a result of a single failure, resulting in exposure to a flammability risk in an adjacent area to the fuel tank.

    To address this unsafe condition, Airbus published Service Bulletins (SB) A330-28-3127, SB A340-28-4138 and SB A340-28-5060, providing inspection/identification instructions, and instructions for replacement of the fuel pumps.

    For the reasons described above, this [EASA] AD requires identification and replacement of the affected fuel pumps.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-6418.

    Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information:

    • Airbus Service Bulletin A330-28-3127, Revision 01, dated September 24, 2015.

    • Airbus Service Bulletin A340-28-4138, Revision 01, dated September 24, 2015.

    • Airbus Service Bulletin A340-28-5060, Revision 01, dated September 24, 2015.

    The service information describes procedures to identify and replace affected fuel pumps with serviceable fuel pumps. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination and Requirements of This Proposed AD

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

    Costs of Compliance

    We estimate that this proposed AD affects 99 airplanes of U.S. registry.

    We also estimate that it will take about 4 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $33,660, or $340 per product.

    In addition, we estimate that any necessary follow-on actions would take about 17 work-hours and require parts costing $10,400, for a cost of $11,845 per product. We have no way of determining the number of aircraft that might need these actions.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Airbus: Docket No. FAA-2016-6418; Directorate Identifier 2015-NM-158-AD. (a) Comments Due Date

    We must receive comments by June 23, 2016.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Airbus Model A330-223F and -243F airplanes; A330-201, -202, -203, -223, and -243 airplanes; A330-301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes; and Airbus Model A340-211, -212, and -213 airplanes; A340-311, -312, and -313 airplanes; A340-541 airplanes; and A340-642 airplanes, certificated in any category, all manufacturer serial numbers.

    (d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

    (e) Reason

    This AD was prompted by reports of fuel leaking through fuel pump electrical connectors and fuel pump electrical connector damage caused by the build-up of moisture behind the electrical connector. Electrical connectors that become damaged by moisture can create an ignition source and a fuel leak. We are issuing this AD to prevent a potential ignition source and a fuel leak due to damaged fuel pump electrical connectors. This condition creates a flammability risk in an area adjacent to the fuel tank.

    (f) Compliance

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

    (g) Identify Part Numbers

    Within 48 months after the effective date of this AD, inspect each fuel pump to identify the part number (P/N) in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-28-3127, Revision 01, dated September 24, 2015; Airbus Service Bulletin A340-28-4138, Revision 01, dated September 24, 2015; or Airbus Service Bulletin A340-28-5060, Revision 01, dated September 24, 2015; as applicable to airplane type. A review of airplane delivery or maintenance records is acceptable in lieu of this inspection if the part number of the fuel pump can be conclusively determined from that review.

    (h) Modification

    If, during the inspection required by paragraph (g) of this AD, it is determined that an affected fuel pump is installed: Within the compliance time specified in paragraph (h)(1) or (h)(2) of this AD, depending on the configuration of the affected fuel pumps installed, replace each affected fuel pump with a serviceable fuel pump in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-28-3127, Revision 01, dated September 24, 2015; Airbus Service Bulletin A340-28-4138, Revision 01, dated September 24, 2015; or Airbus Service Bulletin A340-28-5060, Revision 01, dated September 24, 2015; as applicable to airplane type.

    (1) For affected fuel pumps that have a part number or combination of part numbers that are specified in paragraphs (h)(1)(i) through (h)(1)(vi) of this AD: Do the replacement within 72 months after the effective date of this AD.

    (i) All of the affected fuel pumps haveP/N 568-1-28300-001.

    (ii) All of the affected fuel pumps haveP/N 568-1-28300-002.

    (iii) The affected fuel pumps have a combination of P/Ns 568-1-28300-001 and 568-1-28300-002.

    (iv) The affected fuel pumps have a combination of P/Ns 568-1-28300-001 and 568-1-28300-101.

    (v) The affected fuel pumps have a combination of P/Ns 568-1-28300-002 and 568-1-28300-101.

    (vi) The affected fuel pumps have a combination of P/Ns 568-1-28300-001, 568-1-28300-002, and 568-1-28300-101.

    (2) For affected fuel pumps that have a part number or combination of part numbers that are specified in paragraphs (h)(2)(i) through (h)(2)(iii) of this AD: Do the replacement within 96 months after the effective date of this AD.

    (i) All of the affected fuel pumps have P/N 568-1-28300-100.

    (ii) All of the affected fuel pumps have P/N 568-1-28300-101.

    (iii) The affected fuel pumps have a combination of P/Ns 568-1-28300-100 and 568-1-28300-101.

    (i) Definitions

    (1) For the purpose of this AD, an “affected fuel pump” is defined as any pump having P/N 568-1-28300-001, 568-1-28300-002, 568-1-28300-100, or 568-1-28300-101.

    (2) For the purpose of this AD, a “serviceable fuel pump” is a pump having a part number not listed in paragraph (i)(1) of this AD.

    (j) No Reporting Requirement

    Although Airbus Service Bulletin A330-28-3127, Revision 01, dated September 24, 2015; Airbus Service Bulletin A340-28-4138, Revision 01, dated September 24, 2015; or Airbus Service Bulletin A340-28-5060, Revision 01, dated September 24, 2015, specifies to submit certain information to the manufacturer, and specifies that action as “RC” (Required for Compliance), this AD does not include that requirement.

    (k) Parts Installation Prohibition

    After the identification of the fuel pump part numbers as required by paragraph (g) of this AD, comply with the prohibition required by paragraph (k)(1) or (k)(2) of this AD, as applicable.

    (1) For an airplane that does not have an affected fuel pump installed: After the identification of the fuel pump part numbers as required by paragraph (g) of this AD, do not install an affected fuel pump.

    (2) For an airplane that has an affected fuel pump installed: After modification of an airplane as required by paragraph (h) of this AD, no person may install an affected fuel pump on any airplane.

    (l) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraphs (g) and (h) of this AD, if those actions were performed before the effective date of this AD using service information included in paragraphs (l)(1), (l)(2), and (l)(3) of this AD, which are not incorporated by reference in this AD.

    (1) Airbus Service Bulletin A330-28-3127 dated July 14, 2015.

    (2) Airbus Service Bulletin A340-28-4138 dated July 14, 2015.

    (3) Airbus Service Bulletin A340-28-5060 dated July 14, 2015.

    (m) Other FAA AD Provisions

    The following provisions also apply to this AD:

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

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

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

    (n) Related Information

    (1) Refer to Continuing Airworthiness Information (MCAI) EASA AD 2015-0194, dated September 22, 2015, for related information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-6418.

    (2) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 45 80; email: [email protected]; Internet: http://www.airbus.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on April 28, 2016. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-10633 Filed 5-6-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 1, 11, 16, and 111 [Docket No. FDA-2015-N-0797] The Food and Drug Administration Food Safety Modernization Act: Focus on Strategic Implementation of Prevention-Oriented Import Safety Programs; Public Meetings AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notification of public meetings.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is announcing three one-day public meetings in different regions throughout the United States to provide importers and other interested persons an opportunity to have an in-depth discussion on the implementation of the FDA Food Safety Modernization Act (FSMA) import safety programs (i.e., foreign supplier verification programs (FSVPs) for importers of food for humans and animals, accreditation of third-party certification bodies, and FDA's Voluntary Qualified Importer Program (VQIP)). During these meetings, participants and key FDA subject matter experts will discuss the next phase of FSMA implementation related to import safety programs, which includes establishing the operational framework for these programs and plans for guidance documents, training, education, and technical assistance. The purpose of the regional outreach public meetings is to continue the dialogue with the importer community on FSMA and elicit ideas that will help to inform FDA and our stakeholders on how to continue to work together to successfully comply with FSMA mandates and regulations.

    DATES:

    See section III for dates and times of the regional outreach meetings, closing dates for advance registration, and requests for special accommodations due to disability.

    ADDRESSES:

    See section III for meeting locations.

    FOR FURTHER INFORMATION CONTACT:

    For questions about registering for the meeting, or to register by phone: Peggy Walker, Planning Professionals Ltd., 1210 West McDermott St., Suite 111, Allen, TX 75013, 214-384-0667, FAX: 469-854-6992, email: [email protected]

    For general questions about the meeting or for special accommodations due to a disability: Juanita Yates, Center for Food Safety and Applied Nutrition (HFS-009), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-402-1731, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    On May 2, 2014, we released our “Operational Strategy for Implementing the FDA Food Safety Modernization Act (FSMA),” electronically at http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm395105.htm, to guide the next phase of FSMA implementation following the establishment of regulations and relevant programs. Within the “Operational Strategy for Implementing FSMA,” there is an appendix that outlines guiding principles for how the operational strategy can be implemented with respect to food and feed facilities, produce safety standards, and import oversight. The guiding principles include the following: Expanding inspection and surveillance; administering new administrative enforcement tools; developing guidance, education, and technical assistance tools; and building a prevention-oriented import system.

    On April 23, 2015, FDA hosted a public meeting as an opportunity for interested persons to share views concerning how FDA should address the operational aspects of FSMA implementation as suggested by the guiding principles. We provided an update on current planning efforts and received input from the public to inform the development of operational work plans in the areas of produce safety, preventive controls for foods for humans and animals, measures to address intentional adulteration, FSVP, and the FDA third-party accreditation program. In addition, we established a docket to obtain comments on a range of operational issues that we might consider in our FSMA implementation approach.

    On March 21, 2016, FDA hosted a kick-off public meeting to brief participants on the key components of the FSVP and third-party certification final rules; brief participants on the status of the VQIP; discuss the plans for guidance documents related to import safety, as well as training, education, and technical assistance; provide an update on the development of a risk-based industry oversight framework that is at the core of FSMA; and answer questions about these import programs. The public meeting was an opportunity for FDA to share its current thinking on implementation plans for programs related to import safety. During that public meeting, we mentioned plans to continue dialogue on implementation of these import safety programs with a series of regional meeting across the United States.

    The agendas, recordings, and transcripts for the FSMA implementation and prevention-oriented import system public meetings are accessible on our FSMA Web site at http://www.fda.gov/FSMA.

    II. Purpose and Format of the Regional Outreach Meetings

    FDA plans to hold three one-day public meetings in different regions throughout the United States to provide importers and other interested persons an opportunity to have an in-depth discussion on the implementation of FSMA import safety programs (i.e., FSVPs for importers of food for humans and animals, accreditation of third-party certification bodies, and FDA's VQIP). We invite the public to provide information, share experiences, and raise issues on implementation topics related to import safety including (but not limited to): Increasing awareness/reaching the regulated community, potential partners on outreach and implementation, state of readiness, barriers to implementation, training and education for industry and regulators, guidance needs, promotion of best practices, technical assistance, compliance and enforcement issues, and long-term implementation success. The purpose of the regional outreach meetings is to continue the dialogue with the importer community and elicit ideas that will help to inform FDA and the regulated population on how to continue to work together to successfully comply with FSMA mandates and regulations.

    III. How To Participate in the Public Meeting

    We are holding three one-day public meetings in different regions throughout the United States.

    Due to limited space and time, we encourage all persons who wish to attend the meeting to register in advance. There is no fee to register for the regional outreach meetings, and registration will be on a first-come, first-served basis. Early registration is recommended because seating is very limited.

    Table 1 provides information on participation in the regional outreach meetings.

    Table 1—Information on Participation in the Meeting Regional outreach meetings Date Address Preregister Electronic address Special
  • accommodations
  • Other
  • information
  • California Regional Outreach Meeting June 7, 2016, from 8:30 a.m. to 3 p.m. PDT The Hilton Costa Mesa, 3050 Bristol Street, Costa Mesa, CA 92626 May 26, 2016: Closing date for Registration Please preregister at http://www.fda.gov/Food/NewsEvents/WorkshopsMeetingsConferences/default.htm May 25, 2016: Closing date to request special accommodations due to a disability Registration check-in begins at 8 a.m. New Jersey Regional Outreach Meeting June 15, 2016, from 8:30 a.m. to 3 p.m. EDT Renaissance Meadowlands Hotel, 801 Rutherford Avenue, Rutherford, NJ 07070 June 3, 2016: Closing date for Registration Please preregister at http://www.fda.gov/Food/NewsEvents/WorkshopsMeetingsConferences/default.htm June 2, 2016: Closing date to request special accommodations due to a disability Registration check-in begins at 8 a.m. Michigan Regional Outreach Meeting June 21, 2016, from 8:30 a.m. to 3 p.m. EDT Double Tree Suites by Hilton Hotel Detroit—Downtown Fort Shelby, 525 W Lafayette Blvd., Detroit, MI 48226 June 10, 2016: Closing date for Registration Please preregister at http://www.fda.gov/Food/NewsEvents/WorkshopsMeetingsConferences/default.htm June 9, 2016: Closing date to request special accommodations due to a disability Registration check-in begins at 8 a.m. 1 You may also register via email, mail, or fax. Please include your name, title, firm name, address, and phone and fax numbers in your registration information and send to: Peggy Walker, Planning Professionals Ltd., 1210 West McDermott St., Suite 111, Allen, TX 75013, 214-384-0667, FAX: 469-854-6992, email: [email protected]
    Dated: May 4, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-10799 Filed 5-6-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Parts 1000, 1003, 1005, 1006, and 1007 [Docket No. FR 5861-P-01] RIN 2577-AC96 Equal Access to Housing in HUD's Native American and Native Hawaiian Programs—Regardless of Sexual Orientation or Gender Identity AGENCY:

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

    ACTION:

    Proposed rule.

    SUMMARY:

    This proposed rule would revise regulations for HUD's Native American and Native Hawaiian programs to incorporate existing rules that require HUD programs to be open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status. Since HUD promulgated the “Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity” final rule in February, 2012, HUD has required that HUD-assisted and HUD-insured housing be made available in accordance with program eligibility requirements and without regard to sexual orientation, gender identity, or marital status, and has generally prohibited inquiries into sexual orientation or gender identity. In applying these non-discrimination requirements to HUD's Native American and Native Hawaiian programs, this proposed rule would further the Federal goal of providing decent housing and a suitable living environment for all.

    DATES:

    Comments due: July 8, 2016.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposed rule to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500. Communications must refer to the above docket number and title. There are two methods for submitting public comments. All submissions must refer to the above docket number and title.

    1. Submission of Comments by Mail. Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500.

    2. Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at www.regulations.gov. HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make them immediately available to the public. Comments submitted electronically through the www.regulations.gov Web site can be viewed by other commenters and interested members of the public. Commenters should follow the instructions provided on that site to submit comments electronically.

    Note:

    To receive consideration as public comments, comments must be submitted through one of the two methods specified above. Again, all submissions must refer to the docket number and title of the rule.

    No Facsimile Comments. Facsimile (fax) comments are not acceptable.

    Public Inspection of Public Comments. All properly submitted comments and communications submitted to HUD will be available for public inspection and copying between 8 a.m. and 5 p.m., weekdays, at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the public comments must be scheduled by calling the Regulations Division at 202-708-3055 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number via TTY by calling the Federal Relay Service, toll free, at 800-877-8339. Copies of all comments submitted are available for inspection and downloading at www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    [Contact Name to be Inserted], Office of Native American Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 5206, Washington, DC 20410-8000; telephone number 202-708-2333 (this is not a toll-free number). Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339.

    SUPPLEMENTARY INFORMATION:

    I. Background

    On February 3, 2012, HUD published in the Federal Register, at 77 FR 5662, a final rule titled “Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity” (the Equal Access Rule) in order to address evidence that lesbian, gay, bisexual, and transgender (LGBT) individuals and families do not have equal access to housing, and to promote the federal goal of providing decent housing and a suitable living environment for all.1 The Equal Access Rule requires that housing assisted or insured by HUD be made available to individuals and families without regard to actual or perceived sexual orientation, gender identity, or marital status. Additionally, the rule prohibits owners and administrators of HUD-assisted or HUD-insured housing, approved lenders in an FHA mortgage insurance program, and any other recipients or subrecipients of HUD funds from inquiring about sexual orientation or gender identity to determine eligibility for HUD-assisted or HUD-insured housing. The prohibition on inquiries regarding sexual orientation or gender identity does not prohibit individuals from voluntarily self-identifying sexual orientation or gender identity, and it provides a limited exception for lawful inquiries of an applicant's or occupant's sex where the housing provided or to be provided is temporary, emergency shelter with shared sleeping areas or bathrooms, or to determine the number of bedrooms to which a household may be entitled These protections are now codified at 24 CFR 5.105(a)(2). The Equal Access Rule also provides definitions for the terms sexual orientation and gender identity, and revises the definition for the term family at § 5.403, which applies broadly unless otherwise provided in the regulations for a specific HUD program. In addition, the Equal Access Rule made revisions to specific HUD programs. See 24 CFR part 200—Introduction to FHA Programs, revisions to sections defining family, determining income adequacy, and applying the definition of family; 24 CFR part 570—Community Development Block Grants, revisions to the section defining family and household; 24 CFR part 574—Housing Opportunities for Persons with AIDS, revision to the section defining family; 24 CFR part 891—Supportive Housing For the Elderly and Persons with Disabilities, revision to the definition of family; and 24 CFR part 892—Section 8 Tenant-Based Assistance: Housing Choice Voucher Program, revisions to the sections defining family, eligibility, and targeting.

    1 See Section 2 of the Housing Act of 1949 at 42 U.S.C. 1441 (Congressional Declaration of National Housing Policy).

    In publishing the Equal Access Rule, HUD noted that establishment of the equal access policy in HUD's Native American programs would be undertaken by separate rulemaking. (See 77 FR 5662, at footnote 3.) Since implementing the Equal Access Rule, it has been HUD's intention to apply the same non-discrimination requirements to HUD's Native American and Native Hawaiian programs, after undergoing tribal consultation to solicit feedback on this proposal.

    Since the publication of the Equal Access Rule, the Federal Government has continued to broaden protections for LGBT individuals and families where Federal funding is involved. For example, the Violence Against Women Reauthorization Act of 2013 (VAWA) includes a provision that prohibits discrimination based on gender identity and sexual orientation by recipients of VAWA funds or assistance administered by the U.S. Department of Justice's Office on Violence Against Women. Additionally, on July 21, 2014, President Obama signed Executive Order 13672, titled, “Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity,” which prohibits the Federal Government and Federal contractors from discriminating on the basis of sexual orientation or gender identity.2

    2 See http://www.thefederalregister.org/fdsys/pkg/FR-2014-07-23/pdf/2014-17522.pdf.

    As discussed in the preamble to the January 24, 2011, proposed Equal Access Rule, at 76 FR 4194, and in the preamble to the final Equal Access Rule, the Federal government has a goal of providing everyone in the United States with a decent and suitable place to live. In furtherance of this, HUD has a responsibility to ensure that all who are otherwise eligible to participate in HUD programs will not be excluded based on sexual orientation, gender identity, or marital status, which are irrelevant to eligibility for or participation in those programs. By applying the core protections of the Equal Access Rule to HUD's Native American and Native Hawaiian programs, HUD will conform with its own precedent of equal access, as well as other Federal precedent, to ensure that Federal funds are not used to exclude persons from Federally-assisted programs because of sexual orientation, gender identity, or marital status. Applying the Equal Access Rule to HUD's Native American and Native Hawaiian programs will also ensure consistency where there is an overlap between HUD's Native American and Native Hawaiian programs and other HUD programs, which are already subject to the requirements in the Equal Access Rule.

    II. This Proposed Rule

    With tribal consultation completed, as explained below in Section III, HUD is proposing to amend regulations for its Native American and Native Hawaiian programs so that they conform to the Equal Access Rule. The regulations would require that access be provided without regard to actual or perceived sexual orientation, gender identity, or marital status in housing assisted or insured under these programs. The proposed rule would add the equal access to HUD-assisted or insured housing requirements in 24 CFR 5.105(a)(2) to the Native American and Native Hawaiian programs identified below. HUD's rule at 24 CFR 5.105(a)(2) incorporates the definitions of “sexual orientation” and “gender identity” provided in § 5.100, and these definitions will apply to the Native American and Native Hawaiian programs. This proposed rule would not change the definition of “family” for Native American and Native Hawaiian programs. At the final rule stage, HUD intends to make conforming amendments to § 5.105(a)(2) to make explicit that the requirements in § 5.105(a)(2) apply to housing with loans guaranteed or insured under one of HUD's Native American or Native Hawaiian housing programs and not only the FHA mortgage insurance program.

    Specifically, this proposed rule would amend HUD's regulations for Native American Housing Activities, at 24 CFR part 1000; Community Development Block Grants for Indian Tribes and Alaska Native Villages, at 24 CFR part 1003; the Section 184 Indian Home Loan Guarantee Program, at 24 CFR part 1005; the Native Hawaiian Housing Block Grant Program, at 24 CFR part 1006; and Section 184A Loan Guarantees For Native Hawaiian Housing, at 24 CFR part 1007 to incorporate the § 5.105(a)(2) requirements.

    On November 20, 2015, HUD published in the Federal Register, at 80 FR 72642, a proposed rule titled “Equal Access in Accordance with an Individual's Gender Identity in Community Planning and Development Programs” (the CPD Equal Access Rule), which would amend certain provisions of § 5.105(a)(2). While the CPD Equal Access Rule would not amend the Equal Access Rule's requirement that access be provided without regard to actual or perceived sexual orientation, gender identity, or marital status in HUD-assisted or HUD-insured housing, the CPD Equal Access Rule is proposing changes to 24 CFR 5.105(a)(2) and to the definition of “gender identity” in 24 CFR 5.100, which this rule is seeking to adopt for Native American and Native Hawaiian programs. If the CPD Equal Access Rule and this rule both become final, the changes proposed in the CPD Equal Access Rule would apply to the Native American and Native Hawaiian programs.

    Specifically, the proposed rule seeks to remove the prohibition of inquiries at § 5.105(a)(2)(ii), which HUD believes may hinder a provider from making an appropriate placement decision with regard to transgender individuals and other persons who do not identify with the sex they were assigned at birth. For this reason, the CPD Equal Access Rule proposes to remove the prohibition of inquiries. It is not HUD's intent, however, to now permit recipients or subrecipients to ask questions in order to seek information that could be used for discriminatory purposes. The CPD Equal Access Rule is also proposing to amend the definition of gender identity in § 5.100, which currently provides that “Gender identity means actual or perceived gender-related characteristics.” The new definition would more clearly reflect the difference between actual and perceived gender identity. The definition of gender identity would now read as follows: “Gender identity means the gender with which a person identifies, regardless of the sex assigned to that person at birth. Perceived gender identity means the gender with which a person is perceived to identify based on that person's appearance, behavior, expression, other gender-related characteristics, or sex assigned to the individual at birth.”

    III. Tribal Consultation

    HUD's policy is to consult with Indian tribes early in the rulemaking process on matters that have tribal implications. Accordingly, on January 28, 2015, HUD sent letters to Tribal leaders informing them of the nature of the forthcoming rule and soliciting comments. The deadline for comments under this informal consultation was February 27, 2015. HUD received one response to the consultation letter from a tribally designated housing entity, which said it opposed the proposed rule.

    HUD received a second response on behalf of a housing development and management organization that states that section 106(b)(2)(A) of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4166(b)(2)(A)) requires HUD to use negotiated rulemaking in order to amend NAHASDA regulations.. The letter also stated that the rule should not prohibit tribes from considering marital status in making eligibility determinations for housing assisted or insured by HUD because tribes have authority to govern domestic relations of their members. This letter also asked for more specificity on the rule and more ways to participate in the consultation process. The requirement to undertake negotiated rulemaking pertains to regulations that implement NAHASDA statutory requirements. This rule pertains to nondiscrimination requirements and does not pertain to regulations that implement NAHASDA statutory requirements.

    The entities that submitted comments in response to the consultation letter, and all other tribes and interested parties now have the opportunity to provide further comments on this proposed rule, and HUD welcomes such comments.

    IV. Findings and Certifications Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. This proposed rule does not impose any new costs, or modify existing costs, applicable to HUD grantees. Rather, the purpose of this proposed rule is to ensure equal access to HUD's Native American and Native Hawaiian programs, regardless of sexual orientation or gender identity. Accordingly, the undersigned certifies that this rule will not have a significant economic impact on a substantial number of small entities.

    Environmental Impact

    This proposed rule sets forth nondiscrimination standards. Accordingly, under 24 CFR 50.19(c)(3), this proposed rule is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321).

    Executive Order 13132, Federalism

    Executive Order 13132 (entitled “Federalism”) prohibits an agency from publishing any rule that has federalism implications if the rule either: (i) Imposes substantial direct compliance costs on state and local governments and is not required by statute, or (ii) preempts state law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This proposed rule would not have federalism implications and would not impose substantial direct compliance costs on state and local governments or preempt state law within the meaning of the Executive Order.

    Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) (UMRA) establishes requirements for federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments, and on the private sector. This proposed rule would not impose any federal mandates on any state, local, or tribal governments, or on the private sector, within the meaning of the UMRA.

    List of Subjects 24 CFR Part 1000

    Aged, Community development block grants, Grant programs—housing and community development, Grant programs—Indians, Indians, Individuals with disabilities, Public housing, Reporting and recordkeeping requirements.

    24 CFR Part 1003

    Alaska, Community development block grants, Grant programs—housing and community development, Grant programs—Indians, Indians, Reporting and recordkeeping requirements.

    24 CFR Part 1005

    Indians, Loan programs—Indians, Reporting and recordkeeping requirements.

    24 CFR Part 1006

    Community development block grants, Grant programs—housing and community development, Grant programs—Indians, Hawaiian Natives, Low and moderate income housing, Reporting and recordkeeping requirements.

    24 CFR Part 1007

    Hawaiian Natives, Loan programs—housing and community development, Loan programs—Indians, Reporting and recordkeeping requirements.

    Accordingly, for the reasons stated in the preamble, HUD proposes to amend 24 CFR parts 1000, 1003, 1005, 1006, and 1007, as follows:

    PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES 1. The authority citation for 24 CFR part 1000 continues to read as follows: Authority:

    25 U.S.C. 4101 et seq.; 42 U.S.C. 3535(d).

    2. In § 1000.12, add paragraph (e) to read as follows:
    § 1000.12 What nondiscrimination requirements are applicable?

    (e) The equal access to HUD-assisted or insured housing requirements in 24 CFR 5.105(a)(2).

    PART 1003—COMMUNITY DEVELOPMENT BLOCK GRANTS FOR INDIAN TRIBES AND ALASKA NATIVE VILLAGES 3. The authority citation for 24 CFR part 1003 continues to read as follows: Authority:

    42 U.S.C. 3535(d) and 5301 et seq.

    4. In § 1003.601, add paragraph (c) to read as follows:
    § 1003.601 Nondiscrimination.

    (c) A grantee shall comply with the equal access to HUD-assisted or insured housing requirements in 24 CFR 5.105(a)(2).

    PART 1005—LOAN GUARANTEES FOR INDIAN HOUSING 5. The authority citation for 24 CFR part 1005 continues to read as follows: Authority:

    12 U.S.C. 1715z-13a; 15 U.S.C. 1639c; 42 U.S.C. 3535(d).

    6. Add § 1005.115 to read as follows:
    § 1005.115 Equal Access.

    The equal access to HUD-assisted or insured housing requirements in 24 CFR 5.105(a)(2) apply to this part.

    PART 1006—NATIVE HAWAIIAN HOUSING BLOCK GRANT PROGRAM 7. The authority citation for 24 CFR part 1006 continues to read as follows: Authority:

    25 U.S.C. 4221 et seq.; 42 U.S.C. 3535(d).

    8. Amend § 1006.355 to read as follows: a. The undesignated paragraph is revised and designated as paragraph (a); b. Redesignate paragraphs (a), (b), and (c) as paragraphs (a)(1), (a)(2), and (a)(3); c. Redesignate paragraphs (c)(1) and (c)(2) as paragraphs (a)(3)(i) and (a)(3)(ii); and d. Add paragraph (a)(4)
    § 1006.355 Nondiscrimination requirements.

    (a) Program eligibility under the Act and this part may be restricted to Native Hawaiians. Subject to the preceding sentence, no person may be discriminated against on the basis of race, color, national origin, religion, sex, familial status, or disability, or excluded from program eligibility because of actual or perceived sexual orientation, gender identity, or marital status. The following nondiscrimination requirements are applicable to the use of NHHBG funds:

    (4) The equal access to HUD-assisted or insured housing requirements in 24 CFR 5.105(a)(2).

    (b) [RESERVED]

    PART 1007—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING 9. The authority citation for 24 CFR part 1007 continues to read as follows: Authority:

    12 U.S.C. 1715z-13b; 15 U.S.C. 1639c; 42 U.S.C. 3535(d).

    10. Amend § 1007.45 to revise the heading, designate the undesignated paragraph as paragraph (a), and add paragraph (b) to read as follows:
    § 1007.45 Nondiscrimination

    (a) * * *

    (b) The equal access to HUD-assisted or insured housing requirements in 24 CFR 5.105(a)(2) apply to this part.

    Dated: March 30, 2016. Lourdes Castro Ramirez, Principal Deputy Assistant Secretary for Public and Indian Housing.
    [FR Doc. 2016-10753 Filed 5-6-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 71 [Docket ID: DOD-2013-OS-0181] RIN 0790-AJ13 Eligibility Requirements for Minor Dependents To Attend DoD Domestic Dependent Elementary and Secondary Schools (DDESS) AGENCY:

    Under Secretary of Defense for Personnel and Management, DoD.

    ACTION:

    Proposed rule.

    SUMMARY:

    This proposed rule updates policy and procedures for minor dependents attending schools operated by DOD pursuant to 10 U.S.C. 2164. The proposed rule outlines procedures for eligibility, application and enrollment in DOD schools and describes procedures for reimbursement of educational services. This proposed rule discusses provision for the elementary and secondary education to minor dependents of members of the armed forces and civilian employees of the Federal Government residing within the United States (including the territories, commonwealths, and possessions of the United States).

    DATES:

    Comments must be received by July 8, 2016.

    ADDRESSES:

    You may submit comments, identified by docket number and/or RIN number and title, by any of the following methods:

    Federal Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate of Oversight and Compliance, 4800 Mark Center Drive, Mailbox #24, Alexandria, VA 22350-1700.

    Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    FOR FURTHER INFORMATION CONTACT:

    Marsha Jacobson, 571-372-1900.

    SUPPLEMENTARY INFORMATION:

    The Federal government has provided educational services to the dependent children of Federal employees residing on Federal military installations under various legal authorities and Federal statutes since 1820. In 1950, schools were established on military installations under section 6 of Public Law 81-874, Impact Aid Act (codified at 20 U.S.C. 241). In 1994, Congress repealed Public Law 81-874 and passed Public Law 103-337, the FY1995 National Defense Authorization Act (codified at 10 U.S.C. 2164), creating the Domestic Dependent and Elementary and Secondary Schools (DDESS). Under 10 U.S.C. 2164, the Department of Defense operates approximately 65 elementary and secondary schools on federal installations in the United States and its territories, possessions, and commonwealths.

    Since the passage of 10 U.S.C. 2164 in 1994, Congress has passed a number of minor changes to the statute's eligibility provisions in order to provide DDESS with the flexibility to meet developing real-world contingencies. While the overall student enrollment in DDESS schools has declined in recent years as a result of the reductions in the military force, the statutory changes have minimally expanded eligibility to certain categories of personnel.

    These categories of personnel include the dependents of military personnel killed in combat-related operations (i.e., fallen soldiers); the dependents of wounded and injured military personnel receiving medical care at military hospitals on installations with DDESS schools (i.e. wounded warriors); and to students enrolled in an overseas DoD school who have been required to depart the overseas location as a result of an evacuation order. Given the overall decline in student enrollment associated with the reduction of the military force, there are no additional costs associated with this rulemaking which only reflects the statutory changes to student eligibility.

    Childhood education is essential, and DoD is determined to provide primary and secondary education for dependent children of members of the armed forces and civilian employees of the Federal Government residing on military installations.

    This proposed rule updates the eligibility requirements and the policy and procedures for minor dependents attending schools operated by DOD pursuant to 10 U.S.C. 2164. The proposed rule outlines procedures for eligibility, application, and enrollment in DOD schools and describes procedures for reimbursement of educational services. The proposed rule applies to schools (prekindergarten through grade 12) operated by the Department of Defense within the United States (including the territories, commonwealths, and possessions of the United States).

    This proposed rule also describes procedures for participation of eligible dependents in the DoDEA Virtual School (i.e., DoDEA's on-line school).

    Costs and Benefits:

    The total operating costs for the DDESS schools for FY15 is $383.1M. Relative to the baseline of the Department of Defense Instruction 1342.26 where policies and responsibilities for enrollment of certain dependents in arrangements operated by or entered into by the Department of Defense pursuant to 10.U.S.C. 2164 are specified, the incremental costs associated with increasing the eligibility criteria is expected to be zero. This program is not a transfer program since the education of these dependents would not be assumed by the state governments where these military installations are located. The benefits of providing a tuition free education to certain dependents of members of the armed forces and civilian employees on military installations in the United States (including the territories, commonwealths, and possessions of the United States) remain the same.

    Regulatory Procedures Executive Order 12866, “Regulatory Planning and Review” and Executive Order 13563, “Improving Regulation and Regulatory Review”

    Executive Orders 13563 and 12866 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, distribute 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. This proposed rule has been designated a “significant regulatory action,” although not economically significant, under section 3(f) of Executive Order 12866. Accordingly, the proposed rule has been reviewed by the Office of Management and Budget (OMB) under the requirements of these Executive orders.

    Section 202, Public Law 104-4, “Unfunded Mandates Reform Act”

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4) requires agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $100 million in 1995 dollars, updated annually for inflation. In 2014, that threshold is approximately $141 million. This proposed rule will not mandate any requirements for State, local, or tribal governments, nor will it affect private sector costs.

    Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. 601)

    The Department of Defense certifies that this proposed rule is not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if promulgated, have a significant economic impact on a substantial number of small entities. Therefore, the Regulatory Flexibility Act, as amended, does not require us to prepare a regulatory flexibility analysis.

    Public Law 96-511, “Paperwork Reduction Act” (44 U.S.C. Chapter 35)

    Section 71.6(f) of this proposed rule contains information collection requirements. DoD has submitted the following proposal to OMB under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (2) the accuracy of the estimate of the burden of the proposed information collection; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology.

    Title: Eligibility Requirements for Minor Dependents to Attend DoD Domestic Dependent Elementary and Secondary Schools (DDESS).

    Type of Request: New.

    Number of Respondents: 23,000.

    Responses per Respondent: 1.

    Annual Responses: 23,000.

    Average Burden per Response: 15 minutes.

    Annual Burden Hours: 5.750.

    Needs and Uses: Department of Defense Instruction 1342.26 establishes policy and assigns responsibilities for enrollment of certain dependents in arrangements operated by or entered into by the Department of Defense pursuant to 10 U.S.C. 2164. Pursuant to this legislation, the Secretary of Defense is authorized to enter into arrangements to provide for the elementary and secondary education of certain members of the armed forces and civilian employees of the Federal Government residing within the United States (including the territories, commonwealths, and possessions of the United States). Authority to operate these schools or arrangements has been delegated by the Secretary of Defense to the Department of Defense Education Activity (DoDEA) Domestic Dependent Elementary and Secondary Schools (DDESS). The operating statute, 10 U.S.C. 2164, requires (1) students to be dependents of members of the armed forces or dependents of civilian employees of the Federal government residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States or (2) students to be dependents of members of the armed forces or dependents of civilian employees of the Federal government residing in a territory, commonwealth, or possession of the United States but not on a military installation. In order to determine eligibility for enrollment it is necessary for the agency collect information from each sponsor to prove dependency, employment and residential status on a school year basis.

    Affected Public: Individuals or Households.

    Frequency: On Occasion.

    Respondent's Obligation: Required to Obtain or Retain Benefits.

    OMB Desk Officer: Jasmeet Seehra.

    Written comments and recommendations on the proposed information collection should be sent to Jasmeet Seehra, DoD Desk Officer, at [email protected], with a copy to the Department of Defense Education Activity, 4800 Mark Center Drive, Alexandria, VA 22350. Comments can be received from 30 to 60 days after the date of this notice, but comments to OMB will be most useful if received by OMB within 30 days after the date of this notice.

    You may also submit comments, identified by docket number and title, by the following method:

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

    Instructions: All submissions received must include the agency name, docket 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.

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to Marsha Jacobson, Department of Defense Education Activity, 4800 Mark Center Drive, Alexandria, VA 22350.

    Executive Order 13132, “Federalism”

    Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has federalism implications. This proposed rule will not have a substantial effect on State and local governments.

    List of Subjects in 32 CFR Part 71

    Aid to families with dependent children, Elementary and secondary education, Minors.

    Accordingly, 32 CFR part 71 is proposed to be added to read as follows: PART 71—ELIGIBILITY REQUIREMENTS FOR MINOR DEPENDENTS TO ATTEND DOD DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS (DDESS) Sec. 71.1 Purpose. 71.2 Applicability. 71.3 Definitions. 71.4 Policy. 71.5 Responsibilities. 71.6 Procedures. Authority:

    5 U.S.C. 2103, 10 U.S.C. 2164, 31 U.S.C. 1535.

    § 71.1 Purpose.

    This part establishes policy assigns responsibilities for enrollment in arrangements (as defined in § 71.3) operated by or entered into by the DoD in accordance with DoD Directive 1342.20 and 10 U.S.C. 2164.

    § 71.2 Applicability.

    This part applies to:

    (a) The Office of the Secretary of Defense, the Military Departments (including the Coast Guard at all times, including when it is a Service in the Department of Homeland Security by agreement with that Department), the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (referred to collectively in this part as the “DoD Components”).

    (b) Arrangements operated by or entered into by the DoD within the United States (including the territories, commonwealths, and possessions of the United States).

    (c) Dependent children of active duty military members (as defined in § 71.3) and civilian employees of the Federal Government enrolled or seeking enrollment in arrangements.

    (d) Dependent children of members of a foreign armed force assigned to and residing on a U.S. military installation enrolled or seeking enrollment in arrangements.

    (e) Dependent children of employees of the American Red Cross residing in Puerto Rico enrolled or seeking enrollment in DDESS arrangements in Puerto Rico.

    (f) Non-DoD federal agencies seeking enrollment of dependent children of full-time employees in arrangements on an agency reimbursable basis as determined by the Secretary of Defense.

    § 71.3 Definitions.

    These terms and their definitions are for the purposes of this part.

    Active duty military member. A member of the Military Services who has been ordered to:

    (1) Active duty for at least 365 consecutive days in accordance with 10 U.S.C. 2164 or title 14, U.S.C.; or

    (2) Full-time National Guard duty for at least 365 consecutive days in accordance with title 32, U.S.C.

    Arrangement. Actions taken by the Secretary of Defense to provide education to dependent children of active duty military members and civilian employees of the Federal Government pursuant to DoD Directive 1342.20 and 10 U.S.C. 2164, through either DDESS arrangements or DDESS special arrangements.

    Combat-related operation. An operation in which members of the Military Services are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force.

    DDESS arrangement. A school operated by the DoD pursuant to DoD Directive 1342.20 and 10 U.S.C. 2164 and provides a free public education for eligible children. This does not include the DoDEA Virtual School.

    DDESS special arrangement. An agreement made pursuant to 10 U.S.C. 2164 and DoD Directive 1342.20 between the DoD and a local educational agency where a school or a school system operated by the local educational agency provides educational services to eligible dependent children of active duty military members and full time DoD civilian employees. Arrangements result in partial or total federal funding to the education agency for the educational services provided.

    Dependent child. An unmarried child under the age of 21, who resides with the sponsor and:

    (1) Is the child of the sponsor, including an adopted child or step-child (but not after the divorce of the member from the stepchild's natural parent);

    (2) Has been placed in the sponsor's home by a local, State, or foreign government placement agency or a government-approved process, provided the sponsor produces a document from such an agency establishing the fact of relationship and the effective date of the relationship;

    (3) The sponsor has acknowledged, in writing, that the child is a full-time resident in the sponsor's household, the sponsor is providing more than one-half of the child's support, and the sponsor accepts financial and educational responsibility for the child as if the child were the sponsor's natural or legally adopted child; or

    (4) Has been placed in the custody of the sponsor by a court of competent jurisdiction in the United States and:

    (i) Is dependent on the sponsor for more than one-half of the person's support.

    (ii) Is not a dependent of any sponsor in accordance with any other part of this definition.

    DoDEA Virtual School: A virtual school operated by the Department of Defense in accordance with DoD Directive 1342.20 and 10 U.S.C. 2164 to provide a free public education for eligible dependent children using an online platform.

    Good cause. Consistent with the national interest, as approved by the Secretary of Defense. Such cause would permit the continued enrollment of a dependent child in a DDESS arrangement in situations such as when the child has only 1 year of school remaining or other such meritorious situations.

    Injured. To suffer physical harm or damage to a part of one's body. Any harm or damage that is done or sustained. A condition caused by trauma, such as fracture, wound, sprain, dislocation, concussion, or compression. Also, an injury includes conditions resulting from extremes of temperatures or prolonged exposure. Acute poisonings resulting from exposure to a toxic or poisonous substance are also classed as injuries.

    Line of duty. A finding after all available information has been reviewed that determines an injury, illness, or disease was incurred or aggravated while in an authorized duty status and was not due to gross negligence or misconduct of the member.

    Professional, excepted service employee. An excepted service employee, as defined in 5 U.S.C. 2103, who holds a valid license or certificate from governmental agency or professional body attesting to professional proficiency or knowledge (e.g., teacher, counselor, administrator, nurse, professional engineer, psychologist, media specialist, therapist) as certified by the agency.

    Sponsor. An active duty military member or civilian employee of the Federal Government seeking to enroll a dependent child in an arrangement.

    § 71.4 Policy.

    It is DoD policy that arrangements are operated or entered into in accordance with 10 U.S.C. 2164. Enrollment is limited to eligible dependent children of active duty military members, DoD civilian employees, members of a foreign armed force, and certain employees of the American Red Cross residing in Puerto Rico, or non-DoD federal agencies seeking enrollment of dependent children of full-time employees in arrangements on an agency reimbursable basis as determined by the Secretary of Defense.

    § 71.5 Responsibilities.

    (a) The Under Secretary of Defense for Personnel and Readiness (USD(P&R)) ensures that the DDESS program fosters optimum communication on matters relating to DoDEA eligibility requirements for DDESS within DoDEA and the Military Departments.

    (b) Under the authority, direction, and control of the USD(P&R), the Assistant Secretary of Defense for Readiness and Force Management (ASD(R&FM)) monitors compliance with this part.

    (c) Under the authority, direction, and control of the ASD(R&FM), the Director, DoD Education Activity (DoDEA):

    (1) Makes determinations of eligibility for enrollment in arrangements. Decisions by the Director, DoDEA, on requests to enroll dependents in arrangements in accordance with this part are final.

    (2) Monitors implementation and compliance with this part.

    (3) Ensures arrangements allow only those students authorized by this part to enroll in arrangements.

    § 71.6 Procedures.

    (a) In compliance with paragraph (f) of this section, DDESS arrangements within the United States will:

    (1) Provide a tuition-free education to the dependent children of:

    (i) Active duty military members residing in permanent living quarters for any part of the school year on a military installation served by a DDESS arrangement.

    (ii) Full-time civilian DoD employees residing in permanent living quarters for any part of the school year on a military installation served by a DDESS arrangement.

    (iii) A deceased member of the Military Services who died in the line of duty in a combat-related operation. The operation must have been designated as combat-related by the Secretary of Defense and the dependent children must reside on or near a military installation served by a DDESS arrangement.

    (iv) A member of a foreign armed force residing in permanent living quarters for any part of the school year on a military installation served by a DDESS arrangement.

    (v) Active duty military members occupying temporary housing, regardless of whether the housing is on federal property, when the Secretary of Defense has determined that the circumstances justify extending the enrollment authority to include the dependents, including:

    (A) When adequate living quarters are unavailable on the military installation to which the active duty military member is assigned. Eligibility in accordance with this provision extends only to dependent children of active duty military members assigned by official orders to a military installation served by a DDESS arrangement.

    (B) While the active duty military member is wounded, ill or injured. Eligibility in accordance with this provision extends only to dependent children of active duty military members assigned by official orders to a military installation served by a DDESS arrangement.

    (vi) Active duty military members and federal employees overseas whose enrolled dependents have been evacuated and relocated within a reasonable commuting distance of an arrangement in accordance with the criteria set forth in subsection (k) of 10 U.S.C. 2164.

    (2) Provide education on an agency-reimbursable basis to dependent children of full-time civilian employees of non-DoD federal agencies residing in permanent living quarters for any part of the school year on a military installation served by a DDESS arrangement.

    (b) In compliance with paragraph (f) of this section, DDESS special arrangements within the United States will:

    (1) Provide a tuition-free education to the dependent children of:

    (i) Active duty military members residing in permanent living quarters for any part of the school year on a military installation served by a DDESS special arrangement.

    (ii) Full-time civilian DoD employees residing in permanent living quarters for any part of the school year on a military installation served by a DDESS special arrangement.

    (iii) A deceased member of the Military Services who died in the line of duty in a combat-related operation. The operation must have been designated as combat-related by the Secretary of Defense and the dependent children must reside on a military installation served by a DDESS special arrangement.

    (iv) A member of a foreign armed force residing in permanent living quarters for any part of the school year on a military installation served by a DDESS special arrangement.

    (2) Provide education on an agency reimbursable basis to dependent children of full-time civilian employees of non-DoD federal agencies residing in permanent living quarters for any part of the school year on a military installation served by a DDESS special arrangement.

    (c) In compliance with paragraph (f) of this section, DDESS arrangements within a territory, commonwealth, or possession of the United States will:

    (1) Provide a tuition-free education to dependent children of:

    (i) Active duty military members residing in permanent living quarters for any part of the school year on a military installation served by a DDESS arrangement.

    (ii) Full-time civilian DoD employees residing in permanent living quarters for any part of the school year on a military installation served by a DDESS arrangement.

    (iii) A deceased member of the Military Services who died in the line of duty in a combat-related operation. The operation must have been designed as combat-related by the Secretary of Defense and the dependent children must reside on or near a military installation served by a DDESS arrangement.

    (iv) A member of a foreign armed force residing in permanent living quarters for any part of the school year on any military installation served by a DDESS arrangement.

    (v) Active duty military members stationed or home-ported in a territory, commonwealth, or possession of the United States and not residing in permanent living quarters on a military installation. Eligibility in accordance with this provision extends only to dependent children of active duty military members assigned by official orders to a military installation served by a DDESS arrangement.

    (vi) Full-time civilian DoD employees, not residing in permanent living quarters on a military installation, who are subject by policy and practice to transfer or reassignment to a location where English is the language of instruction in the schools normally attended by dependent children of federal personnel. Dependents in this category may not be enrolled in the DDESS arrangement for more than 5 consecutive school years, unless:

    (A) The Secretary of Defense, for good cause (as defined in § 71.3), extends the period; or

    (B) Admission is granted based on eligibility in accordance with paragraph (c)(1)(vii) of this section.

    (vii) Full-time, professional, excepted service employees (as defined in § 71.3) of the DDESS arrangement not residing in permanent quarters on a military installation.

    (viii) Active duty military members, whose dependents reside on or off any military installation served by a DDESS arrangement with the dependents' designated location being in a territory, commonwealth, or possession of the United States, and who are assigned to:

    (A) A remote location;

    (B) A dependents' restricted unaccompanied tour of duty; or

    (C) Unusually arduous sea duty.

    (2) Provide education on an agency reimbursable basis to dependent children of:

    (i) Full-time civilian employees of the non-DoD federal agencies residing in permanent living quarters for any part of the school year on a military installation served by a DDESS arrangement.

    (ii) Full-time civilian employees of the United States Immigration and Customs Enforcement and the United States Customs and Border Protection residing in Puerto Rico.

    (iii) Full-time civilian employees of non-DoD federal agencies not residing in permanent living quarters on a military installation, who are subject by policy and practice to transfer or reassignment to a location where English is the language of instruction in the schools normally attended by dependent children of federal personnel, when the Secretary of Defense determines that the circumstances of such living arrangements justify extending the enrollment authority to include the dependents. Dependents in this category may not be enrolled in the DDESS arrangement for more than 5 consecutive school years, unless the Secretary of Defense extends the period for good cause.

    (iv) Full-time employees of the American Red Cross residing in Puerto Rico and performing emergency services on behalf of active duty military members.

    (d) In compliance with paragraph (f) of this section, DDESS special arrangements within a territory, commonwealth, or possession of the United States will:

    (1) Provide a tuition-free education to dependent children of:

    (i) Active duty military members residing in permanent living quarters for any part of the school year on a military installation served by a DDESS special arrangement.

    (ii) Full-time civilian DoD employees residing in permanent living quarters for any part of the school year on a military installation served by a DDESS special arrangement.

    (iii) A deceased member of the Military Services who died in the line of duty in a combat-related operation. The operation must have been designated as combat-related by the Secretary of Defense and the dependent children must live in an area served by a DDESS special arrangement.

    (iv) A member of a foreign armed force residing in permanent living quarters for any part of the school year on any military installation served by a DDESS special arrangement.

    (v) Active duty military members stationed or home-ported in a territory, commonwealth, or possession of the United States and not residing in permanent living quarters on a military installation. Eligibility in accordance with this provision extends only to dependent children of active duty military members assigned by official orders to an area served by a DDESS special arrangement.

    (vi) Full-time civilian DoD employees, not residing in permanent living quarters on a military installation but residing in an area served by a DDESS special arrangement, who are subject by policy and practice to transfer or reassignment to a location where English is the language of instruction in the schools normally attended by dependent children of federal personnel. Dependents in this category may not be enrolled in the DDESS special arrangement for more than 5 consecutive school years, unless the Secretary of Defense, for good cause, extends the period.

    (vii) Active duty military members, whose dependents' reside in the area served by a DDESS special arrangement, with the dependents' designated location being in a territory, commonwealth, or possession of the United States who are assigned to:

    (A) A remote location,

    (B) A dependents' restricted unaccompanied tour of duty, or

    (C) Unusually arduous sea duty.

    (2) Provide education on an agency-reimbursable basis to dependent children of:

    (i) Full-time civilian employees of non-DoD federal agencies residing in permanent living quarters for any part of the school year on any military installation served by a DDESS special arrangement.

    (ii) Full-time civilian employees of the United States Immigration and Customs Enforcement and the United States Customs and Border Protection residing in Puerto Rico.

    (e) In compliance with paragraph (f) of this section, the DoDEA Virtual School shall:

    (1) Provide a tuition-free education to eligible dependent children currently enrolled in DDESS arrangements in accordance with paragraphs (a) and (c) of this section.

    (2) Provide coursework on a tuition paying basis to dependent children of members of the Military Services on active duty who:

    (i) Are enrolled in an elementary or secondary school operated by a local education agency (LEA) or other accredited educational program in the United States, and

    (ii) Who immediately prior to such enrollment, were enrolled in an elementary or secondary school operated by the Department of Defense Dependents School (DoDDS).

    (f) Procedures for application and enrollment:

    (1) Application for enrollment will be made to the arrangement to which admission is sought. The active duty military member or civilian employee sponsoring the dependent child(ren) must provide proof of status upon which the requested admission is based. DDESS reserves the right to request additional information, should it be deemed necessary to make a determination of eligibility.

    (2) Eligibility based on residency on a military installation may be established by:

    (i) Actual residence in permanent quarters on a military installation served by an arrangement; or

    (ii) Written affirmation provided by the installation family housing manager that the sponsor has applied for and will be able to occupy permanent quarters on the military installation within 90 school days (or 180 school days if an exception for the installation has been approved by the Secretary of Defense) after the sponsor reports to the new duty station. Enrollment occurring pursuant to this paragraph obligates the sponsor to accept permanent quarters on the military installation when available and offered or the dependent child's eligibility to attend the arrangement terminates.

    (3) Eligibility for dependent children of full-time employees of the Federal Government, will be established in accordance with these provisions:

    (i) The sponsor seeking enrollment will provide proof of full-time employment with the Federal Government, or the agency employing the civilian sponsor will provide a written statement confirming the sponsor's position meets the eligibility requirements.

    (ii) The written statement must be signed by the agency's Director of Personnel or principal administrative officer at its main headquarters.

    (iii) Federal government employees residing in a territory, commonwealth, or possession of the United States seeking to continue the enrollment of their dependent(s) in a DDESS arrangement for more than 5 consecutive years pursuant to paragraph (a)(1)(v)(C), (c)(2)(iii), or (d)(1)(vi) of this section must submit a request for an exception to policy. The request must be made in writing and submitted through the employee's agency to the Director, DDESS, for consideration. The request must be received by the Director, DDESS before the start of the school year for which the exception is requested and must provide information showing that in the interest of the dependent's educational well-being, good cause exists for granting the exception. Reimbursement shall be obtained when required 10 U.S.C. 2164 (c)(2)(B).

    (4) The sponsor seeking enrollment of a dependent child in the DoDEA Virtual School under paragraph (e)(2) of this section shall provide proof that:

    (i) The dependent is currently enrolled in an elementary or secondary school operated by an LEA or other accredited educational program in the United States;

    (ii) Immediately prior to enrollment in the LEA or other accredited educational program, the dependent was enrolled in an elementary or secondary school operated by DoDDS;

    (iii) The LEA or other accredited educational program does not offer the requested coursework or extenuating circumstances exist to justify enrolling the dependent in the DoDEA Virtual School; and

    (iv) The course(s) through the DoDEA Virtual School are taken for credit, or extenuating circumstances exist to justify enrolling the dependent in the DoDEA Virtual School.

    (g) The Secretary of Defense may permit a currently enrolled student to continue:

    (1) For the remainder of the year, if the status of the sponsor of a currently enrolled student changes so that the dependent child would no longer be eligible for enrollment in an arrangement.

    (2) Beyond the current school year in a DDESS arrangement notwithstanding a change in the status of the sponsor which would otherwise terminate eligibility for good cause. Requests for continuation of enrollment, beyond the end of the school year, for good cause, must be in writing and submitted to the Director, DDESS. A good cause authorization for continued enrollment will cover only one school year at a time.

    (h) Procedures for reimbursement of educational services:

    (1) All non-DoD federal agencies whose employees enroll a dependent in an arrangement pursuant to 10 U.S.C. 2164 will reimburse the DoD for the cost of educational services provided on a school year basis.

    (2) The non-DoD federal agency will certify school-aged dependents for their employees no later than May 1st each year for the following school year.

    (3) DoDEA resource management (RM) will publish the ensuing school year's educational services tuition rates on or before May 31st each year.

    (4) Each June, upon receipt of an official list of eligible employees and their school-aged dependents from the DDESS arrangement, DDESS RM will send each agency a tuition reimbursement notification letter for the entire upcoming school year. Tuition reimbursement payments from the agencies will be due by August of that school year for the first grading period and due by October for the remaining grading periods. These educational services are considered severable and subject to the provisions of 31 U.S.C. 1535, also known and referred to in this part as the “Economy Act”.

    (5) At the beginning of each fiscal year, DoDEA RM allocates a portion of the agency's annual tuition reimbursement authority to DDESS, which grants explicit permission to collect and retain tuition reimbursements that directly offset agency operating expenses for providing educational services.

    (6) Federally funded agencies are required to establish an interagency agreement with DDESS. This agreement serves as the authority for the Defense Finance and Accounting Service (DFAS) to centrally bill or transfer funds between the ordering agency and the provider of educational services based on DDESS tuition collection billings and refunds. DFAS will process reimbursable payment transactions via the Intra-Governmental Payment and Collection system.

    (i) Procedures for payment of tuition for educational services provided by DoDEA Virtual School

    (1) All members of the Military Services on active duty seeking to enroll dependents in the DoDEA Virtual School pursuant to paragraph (e)(2) of this section will pay tuition to the Department of Defense for the cost of the educational services provided.

    (2) Tuition is based on the average market rate for virtual courses offered to the public in the U.S.

    (3) DoDEA RM will publish the ensuing school year's educational services tuition rates on or before May 31st of each year.

    (4) Tuition must be paid prior to enrollment.

    (5) Tuition payments are reimbursable up to three weeks after enrollment in the DoDEA Virtual School on a pro-rated basis.

    Dated: May 4, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2016-10821 Filed 5-6-16; 8:45 am] BILLING CODE 5001-06-P
    81 89 Monday, May 9, 2016 Notices DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Doc. Number AMS-FV-10-0047, FV-16-330] United States Standards for Grades of Cauliflower AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    The Agricultural Marketing Service (AMS) is proposing to revise the United States Standards for Grades of Cauliflower. The current U.S. grade standards do not have provisions for grading purple, orange, or green cauliflower. The proposed revision would amend the color requirement to allow all colors of cauliflower to be certified to a U.S. grade. In addition, AMS proposes to amend the size requirement to allow curds less than 4 inches in diameter to be certified to a grade; to add marking requirements to sizes less than 4 inches in diameter; and, to remove the unclassified section.

    DATES:

    Comments must be received by July 8, 2016.

    ADDRESSES:

    Interested persons are invited to submit written comments to the Standardization Branch, Specialty Crops Inspection Division, Specialty Crops Program, Agricultural Marketing Service, U.S. Department of Agriculture, National Training and Development Center, Riverside Business Park, 100 Riverside Parkway, Suite 101, Fredericksburg, VA 22406; fax: (540) 361-1199; or, via the web at: www.regulations.gov. Comments should reference the dates and page number of this issue of the Federal Register and will be made available for public inspection in the above office during regular business hours. Comments can also be viewed as submitted, including any personal information you provide, on the www.regulations.gov Web site. A copy of the proposed revised United States Standards for Grades of Cauliflower is located at http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Dave Horner at the address above, or at phone (540) 361-1128; fax (540) 361-1199; or, email [email protected] Copies of the proposed U.S. Standards for Grades of Cauliflower are available on the Internet at http://www.regulations.gov. The current U.S. Standards for Grades of Cauliflower are available on the Specialty Crops Inspection Division Web site at http://www.ams.usda.gov/grades-standards/cauliflower-grades-and-standards.

    SUPPLEMENTARY INFORMATION:

    Section 203(c) (7 U.S.C. 1622(c)) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), as amended, directs and authorizes the Secretary of Agriculture “to develop and improve standards of quality, condition, quantity, grade, and packaging, and recommend and demonstrate such standards in order to encourage uniformity and consistency in commercial practices.” AMS is committed to carrying out this authority in a manner that facilitates the marketing of agricultural commodities and makes copies of official standards available upon request. The United States Standards for Grades of Fruits and Vegetables not connected with Federal marketing orders or U.S. import requirements no longer appear in the Code of Federal Regulations, but are maintained by USDA, AMS, Specialty Crops Program, and are available on the internet at http://www.ams.usda.gov/grades-standards.

    AMS proposes to revise the voluntary United States Standards for Grades of Cauliflower using the procedures that appear in Part 36, Title 7 of the Code of Federal Regulations (7 CFR part 36). These standards were last revised March 15, 1968.

    Background and Comments

    On February 9, 2012, AMS published a notice in the Federal Register (77 FR 6772) soliciting comments on proposed revisions to the United States Standards for Grades of Cauliflower. AMS received one comment from an agricultural trade association. The agricultural trade association stated that by number, but not necessarily by volume, cauliflower growers supported the proposed revision. However, members expressed some confusion about the meaning of “unless otherwise specified” in regards to size, and requested clarification. Following the comment period, AMS determined it would not proceed with the revisions as proposed.

    The U.S. grade standards presently require cauliflower curds to be white, creamy white, or cream color, but do not have provisions for grading other colors of cauliflower. AMS proposes to amend U.S. No. 1 color provisions by adding “unless otherwise specified” to the basic requirement for color. The phrase “unless otherwise specified” in regards to color would be interpreted as follows: When colors other than white, creamy white, or cream color are specified, those colors could be certified to a grade. Likewise, when designated as a mixed-color pack, a grade could be applied to all the colors in the pack, not just to the curds that are white, creamy white, or cream color. For example, a grade could be applied to a pack containing a green, an orange, a purple, and a white cauliflower curd when specified as a mixed-color pack. AMS applies the phrase “unless otherwise specified,” or similar terminology, to potatoes, peppers, and other commodities to allow other colors, or the comingling of colors, to be certified to a grade. This revision would also affect the U.S. Commercial grade.

    Previously, in 2012, AMS proposed to add “unless otherwise specified” to the size requirement for the U.S. No. 1 grade to allow for smaller sizes. This too is a common practice for potatoes, onions, and many other commodities. However, after contacting the agricultural trade association, AMS discovered that they were concerned that unmarked containers with curds smaller than 4 inches may lose their specified designation after being resold to another party. For example, the original verbal or contractual agreement might not follow the product through the marketing chain. At final destination, unmarked product may fail to grade U.S. No. 1, since the cauliflower curds would be smaller than 4 inches in diameter.

    Therefore, AMS now proposes to amend the U.S. No. 1 size provisions for cauliflower heads by adding “unless marked to a maximum diameter of less than 4 inches. Cauliflower curds marked less than 4 inches may not be comingled with cauliflower curds packed to be 4 inches or larger.” to the basic requirement for curd size. To explain the marking requirements, AMS proposes to add a new “§ 51.556 Marking Requirements,” which would read as follows: “When the product is packed to be less than 4 inches in maximum diameter, 90 percent or more of the master containers shall be plainly stamped, printed, labeled or otherwise marked with the maximum diameter. The term `maximum' or its recognized abbreviation, when following a diameter size marking, means that the curds are of the size marked or smaller.” The current § 51.556, Metric Conversion Table, will be redesignated as § 51.557.

    The size revision and marking requirements would be interpreted as follows: When cauliflower curds are specified to be less than 4 inches in maximum diameter, at least 90 percent of the master containers in a lot must be marked by a maximum diameter of less than 4 inches. For example, a lot having curds no larger than 31/2 inches in diameter must have 90 percent or more of the master containers marked 31/2″ max. If less than 90 percent of the master containers are marked, the lot may meet grade requirements but would fail to meet marking requirements as to size.

    Furthermore, curds that are specified to be less than 4 inches in maximum diameter would not include cauliflower florets, since florets are pieces of curd and not considered small heads of cauliflower. Therefore, florets would not be certified to a grade.

    This revision would also affect the U.S. Commercial grade.

    The agricultural trade association had no objection to removing the “Unclassified” category from the standards. The unclassified section is being removed from all standards when they are revised. This category is not a grade and only serves to show that no grade has been applied to the lot. It is no longer considered necessary.

    AMS believes that permitting all colors, mixed-color packs, and smaller sizes of cauliflower to be certified to a grade reflects current marketing practices and consumer demand, and will facilitate the marketing of cauliflower by providing the industry with more flexibility.

    The official grade of a lot of cauliflower covered by these standards will be determined by the procedures set forth in the Regulations Governing Inspection, Certification, and Standards of Fresh Fruits, Vegetables and Other Products (Sec. 51.1 to 51.61).

    This notice provides a 60-day period during which interested parties may comment on the proposed revisions to the standards. This period is deemed appropriate in order to implement these changes, if adopted, as soon as possible to reflect current marketing practices.

    Authority:

    7 U.S.C. 1621-1627.

    Dated: May 3, 2016. Elanor Starmer, Administrator.
    [FR Doc. 2016-10741 Filed 5-6-16; 8:45 am] BILLING CODE 3410-02-P
    DEPARTMENT OF AGRICULTURE Office of the Under Secretary, Research, Education, and Economics; Notice of the Advisory Committee on Biotechnology and 21st Century Agriculture Meeting AGENCY:

    Agricultural Research Service, USDA.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    Pursuant to the Federal Advisory Committee Act, 5 U.S.C. App. 2, the United States Department of Agriculture announces a meeting of the Advisory Committee on Biotechnology and 21st Century Agriculture (AC21). The committee is being convened to: consider work of the three ad hoc subgroups on the progress of their analyses relevant to the new AC21 charge; discuss a draft outline for the committee's next report and selected draft content, including a draft guidance document for producers and a draft model for facilitating local conversations around coexistence; and continue overall discussions on the committee charge and planning the completion of its work.

    DATES:

    The meeting will be held on Monday-Tuesday, June 13-14, 2016, 8:30 a.m. to 5:00 p.m. each day. This meeting is open to the public. On June 13, 2016, if time permits, reasonable provision will be made for oral presentations of no more than five minutes each in duration, starting at 3:30 p.m. Members of the public who wish to make oral statements should also inform Dr. Schechtman in writing or via Email at the indicated addresses below at least three business days before the meeting.

    ADDRESSES:

    U.S. Access Board Conference Room, 1331 F Street NW., Suite 800, Washington, DC 20004.

    FOR FURTHER INFORMATION CONTACT:

    General information about the committee can also be found at http://www.usda.gov/wps/portal/usda/usdahome?navid=BIOTECH_AC21&navtype=RT&parentnav=BIOTECH. However, Michael Schechtman, Designated Federal Official, Office of the Deputy Secretary, USDA, 202B Jamie L. Whitten Federal Building, 12th and Independence Avenue SW., Washington, DC 20250; Telephone (202) 720-3817; Fax (202) 690-4265; Email [email protected] may be contacted for specific questions about the committee or this meeting.

    SUPPLEMENTARY INFORMATION:

    The AC21 has been established to provide information and advice to the Secretary of Agriculture on the broad array of issues related to the expanding dimensions and importance of agricultural biotechnology. The committee is charged with examining the long-term impacts of biotechnology on the U.S. food and agriculture system and USDA, and providing guidance to USDA on pressing individual issues, identified by the Office of the Secretary, related to the application of biotechnology in agriculture. In recent years, the work of the AC21 has centered on the issue of coexistence among different types of agricultural production systems. The AC21 consists of members representing the biotechnology industry, the organic food industry, farming communities, the seed industry, food manufacturers, state government, consumer and community development groups, as well as academic researchers and a medical doctor. In addition, representatives from the Department of Commerce, the Department of Health and Human Services, the Environmental Protection Agency, the Council on Environmental Quality, and the Office of the United States Trade Representative serve as “ex officio” members.

    In its last report, issued on November 17, 2012, entitled “Enhancing Coexistence: A Report to the Secretary of Agriculture,” and available on the Web site listed below, the AC21 offered a diverse package of recommendations, among which was a recommendation that “ . . . USDA should facilitate development of joint coexistence plans by neighboring farmers,” and that in a pilot program, USDA should, among other things, offer incentives for the development of such plans.

    At its meeting on December 14-15, 2015, USDA offered a specific new charge to the AC21 building on its previous work. Recognizing that USDA currently lacks the legal authority to offer any such incentives, the committee has been charged with considering the following two questions: Is there an approach by which farmers could be encouraged to work with their neighbors to develop joint coexistence plans at the State or local level? If so, how might the Federal government assist in that process?

    At the AC21's last meeting, on March 14-15, 2016, AC21 members reached a general agreement on the main content elements of the upcoming report. In devising their approach to respond to this charge, the AC21 has established 3 ad hoc subgroups to gather and analyze information and options for the full committee's consideration. These address: development of a guidance document which could be made available to farmers and other stakeholders; potential models for facilitating conversations around coexistence and potential available incentives; and potential venues and conveners of coexistence conversations.

    The three objectives for the meeting are:

    • To consider work of the three ad hoc subgroups on the progress of their analyses relevant to the new AC21 charge;

    • to discuss a draft outline for the committee's next report and selected draft content, including a draft guidance document for producers and a draft model for facilitating local conversations around coexistence; and

    • to continue overall discussions on the committee charge and planning the completion of its work.

    Background information regarding the work and membership of the AC21 is available on the USDA Web site at http://www.usda.gov/wps/portal/usda/usdahome?contentid=AC21Main.xml&contentidonly=true.

    Register for the Meeting: The public is asked to pre-register for the meeting at least 10 business days prior to the meeting. Your pre-registration must state: the names of each person in your group; organization or interest represented; the number of people planning to give oral comments, if any; and whether anyone in your group requires special accommodations. Submit registrations to Ms. Dianne Fowler at (202) 720-4074 or by Email at [email protected] by May 25, 2016. The Agricultural Research Service will also accept walk-in registrations. Members of the public who request to give oral comments to the Committee, must arrive by 8:45 a.m. on June 13, 2016 and will be given their allotted time limit and turn at the check-in table.

    Public Comments: Written public comments may be mailed to Michael Schechtman, Designated Federal Official, Office of the Deputy Secretary, USDA, 202B Jamie L. Whitten Federal Building, 12th and Independence Avenue SW., Washington, DC 20250; via fax to (202) 690-4265 or email to [email protected] All written comments must arrive by June 8, 2016. Oral comments are also accepted. To request to give oral comments, see instructions under “Register for the Meeting” above.

    Availability of Materials for the Meeting: All written public comments will be compiled into a binder and available for review at the meeting. Duplicate comments from multiple individuals will appear as one comment, with a notation that multiple copies of the comment were received. Please visit the Web site listed above to learn more about the agenda for or reports resulting from this meeting.

    Meeting Accommodations: The meeting will be open to the public, but space is limited. USDA is committed to ensuring that all employees are included in our work environment, programs and events. If you are a person with a disability and request reasonable accommodations to participate in this meeting, please note the request in your registration. All reasonable accommodation requests are managed on a case by case basis.

    Issued at Washington, DC, this 2nd day of May. Ann M. Bartuska, Deputy Under Secretary, Research, Education and Economics.
    [FR Doc. 2016-10807 Filed 5-6-16; 8:45 am] BILLING CODE 3410-03-P
    DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2016-0015] Notice of Request To Renew an Approved Information Collection (Import of Undenatured Inedible Product) AGENCY:

    Food Safety and Inspection Service, USDA.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, the Food Safety and Inspection Service (FSIS) is announcing its intention to renew the approved information collection regarding the importation of undenatured inedible meat and egg products into the United States. The approval for this information collection will expire on August 31, 2016.

    DATES:

    Submit comments on or before July 8, 2016.

    ADDRESSES:

    FSIS invites interested persons to submit comments on this information collection. Comments may be submitted by one of the following methods:

    Federal eRulemaking Portal: This Web site provides the ability to type short comments directly into the comment field on this Web page or attach a file for lengthier comments. Go to http://www.regulations.gov. Follow the on-line instructions at that site for submitting comments.

    Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, Docket Clerk, Patriots Plaza 3, 1400 Independence Avenue SW., Mailstop 3782, Room 8-163A, Washington, DC 20250-3700.

    Hand- or courier-delivered submittals: Deliver to Patriots Plaza 3, 355 E Street SW., Room 8-163A, Washington, DC 20250-3700.

    Instructions: All items submitted by mail or electronic mail must include the Agency name and docket number FSIS-2016-0015. Comments received in response to this docket will be made available for public inspection and posted without change, including any personal information, to http://www.regulations.gov.

    Docket: For access to background documents or comments received, go to the FSIS Docket Room at Patriots Plaza 3, 355 E Street SW., Room 8-164, Washington, DC 20250-3700 between 8:00 a.m. and 4:30 p.m., Monday through Friday.

    FOR FURTHER INFORMATION CONTACT:

    Gina Kouba, Paperwork Reduction Act Coordinator, Food Safety and Inspection Service, USDA, 1400 Independence Avenue SW., Room 6065, South Building, Washington, DC 20250; (202) 720-5627.

    SUPPLEMENTARY INFORMATION:

    Title: Import of Undenatured Inedible Product.

    OMB Control Number: 0583-0161.

    Type of Request: Renewal of an approved information collection.

    Abstract: FSIS has been delegated the authority to exercise the functions of the Secretary of Agriculture (7 CFR 2.18, 2.53) as specified in the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601, et seq.) and the Egg Products Inspection Act (EPIA) (21 U.S.C. 1031, et seq.). FSIS protects the public by verifying that meat and egg products are safe, wholesome, not adulterated, and correctly labeled. FSIS is planning to request a renewal of this approved information collection because it is due to expire on August 31, 2016. There are no changes to the existing information collection.

    Foreign governments are to petition FSIS for approval to import undenatured inedible egg products into the United States (9 CFR 590.45(d)). Undenatured inedible meat and egg products may be imported into the United States if they meet the requirements of FSIS's regulations (9 CFR 325.11(e) and 590.45(d)). Inedible poultry must be denatured, regardless of the intended use (9 CFR 381.193). Thus, undenatured inedible poultry product may not be imported into the United States.

    Firms will complete FSIS Form 9540-4, “Permit Holder—Importation of Undenatured Inedible Product” for the undenatured inedible product that they are importing into the United States. FSIS will use the information on the forms to keep track of the movement of imported undenatured inedible meat and egg products.

    FSIS has made the following estimates on the basis of an information collection assessment.

    Estimate of Burden: FSIS estimates that it takes respondents an average of 33 hours per year to complete the forms.

    Respondents: Importers.

    Estimated No. of Respondents: 20.

    Estimated No. of Annual Responses per Respondent: 200.

    Estimated Total Annual Burden on Respondents: 667 hours.

    Copies of this information collection assessment can be obtained from Gina Kouba, Paperwork Reduction Act Coordinator, Food Safety and Inspection Service, USDA, 1400 Independence, SW., 6065, South Building, Washington, DC 20250; (202) 720-5627.

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of FSIS's functions, including whether the information will have practical utility; (b) the accuracy of FSIS's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques, or other forms of information technology. Comments may be sent to both FSIS, at the addresses provided above, and the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20253.

    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.

    Additional Public Notification

    Public awareness of all segments of rulemaking and policy development is important. Consequently, FSIS will announce this Federal Register publication on-line through the FSIS Web page located at: http://www.fsis.usda.gov/federal-register.

    FSIS also will make copies of this publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to our constituents and stakeholders. The Update is available on the FSIS Web page. Through the Web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an email subscription service which provides automatic and customized access to selected food safety news and information. This service is available at: http://www.fsis.usda.gov/subscribe. Options range from recalls to export information, regulations, directives, and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts.

    USDA Non-Discrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA.

    How To File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your authorized representative.

    Send your completed complaint form or letter to USDA by mail, fax, or email:

    Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410, Fax: (202) 690-7442, Email: [email protected]

    Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.), should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    Done at Washington, DC on: May 4, 2016. Alfred V. Almanza, Acting Administrator.
    [FR Doc. 2016-10855 Filed 5-6-16; 8:45 am] BILLING CODE 3410-DM-P
    DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2016-0011] Retail Exemptions Adjusted Dollar Limitations AGENCY:

    Food Safety and Inspection Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    The Food Safety and Inspection Service (FSIS) is announcing the dollar limitations on the amount of meat and meat food products, poultry, and poultry products that a retail store can sell to hotels, restaurants, and similar institutions without disqualifying itself for exemption from Federal inspection requirements. In accordance with FSIS's regulations, for calendar year 2016, the dollar limitation for meat and meat food products is being increased from $76,900 to $79,200. The new value for the dollar limitation for poultry and poultry products remains unchanged at $58,200. FSIS is changing the dollar limitations from calendar year 2015 based on price changes for these products evidenced by the Consumer Price Index.

    FSIS has provided an 18-month transitional period for mandatory inspection of Siluriformes fish and fish products. FSIS is currently considering the retail dollar limitations for this product. At this time, FSIS will not apply the meat retail dollar limitations to Siluriformes fish and fish products sold at retail because FSIS is assessing retail and similar institutions that produce this product during the 18-month period and because the Consumer Price Index for meat and meat products does not apply to Siluriformes fish and fish products.

    DATES:

    Effective Date: June 8, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Gina Kouba, Issuances Staff, Office of Policy and Program Development, Food Safety and Inspection Service, USDA, 1400 Independence Avenue SW., Room 6067, South Building, Washington, DC 20250; (202) 690-6510.

    SUPPLEMENTARY INFORMATION: Background

    The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) provide a comprehensive statutory framework to ensure that meat, meat food products, poultry, and poultry products prepared for commerce are wholesome, not adulterated, and properly labeled and packaged. Statutory provisions requiring inspection of the preparation or processing of meat, meat food, poultry, and poultry products do not apply to operations of types traditionally and usually conducted at retail stores and restaurants when those operations are conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities (21 U.S.C. 661(c)(2) and 454(c)(2)). FSIS's regulations (9 CFR 303.1(d) and 381.10(d)) elaborate on the conditions under which requirements for inspection do not apply to retail operations involving the preparation of meat and meat food, and processing of poultry and poultry products.

    Sales to Hotels, Restaurants, and Similar Institutions

    Under these regulations, sales to hotels, restaurants, and similar institutions (other than household consumers) disqualify a retail store for exemption if the product sales exceed either of two maximum limits: 25 percent of the dollar value of total product sales or the calendar year dollar limitation set by the Administrator. The dollar limitation is adjusted automatically during the first quarter of the year if the Consumer Price Index (CPI), published by the Bureau of Labor Statistics, shows an increase or decrease of more than $500 in the price of the same volume of product for the previous year. FSIS publishes a notice of the adjusted dollar limitations in the Federal Register. (See 9 CFR 303.1(d)(2)(iii)(b) and 381.10(d)(2)(iii)(b).)

    The CPI for 2015 reveals an annual average price increase for meat and meat food products at 3.03 percent and for poultry products at 0.4 percent. When rounded to the nearest $100, the dollar limitation for meat and meat food products increased by $2,327 and the dollar limitation for poultry products increased by $231. In accordance with 9 CFR 303.1(d)(2)(iii)(b) and 381.10(d)(2)(iii)(b), because the dollar limitation of meat and meat food products and poultry products increased by more than $500, FSIS is increasing the dollar limitation on sales to hotels, restaurants, and similar institutions to $79,200 for meat and meat food products. Because the increase in poultry prices is less than $500, FSIS is making no adjustment in dollar limitation for poultry and poultry products. The dollar limitation for poultry and poultry products remains unchanged at $58,200.

    Additional Public Notification

    FSIS will announce this rule online through the FSIS Web page located at http://www.fsis.usda.gov/federal-register.

    FSIS will also make copies of this Federal Register publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to constituents and stakeholders. The Update is communicated via Listserv, a free electronic mail subscription service for industry, trade groups, consumer interest groups, health professionals, and other individuals who have asked to be included. The Update is also available on the FSIS Web page. In addition, FSIS offers an electronic mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at http://www.fsis.usda.gov/subscribe.

    Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts.

    USDA Non-Discrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA.

    How To File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your authorized representative.

    Send your completed complaint form or letter to USDA by mail, fax, or email:

    Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410.

    Fax: (202) 690-7442.

    Email: [email protected]

    Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.), should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    Done, at Washington, DC on: May 4, 2016. Alfred V. Almanza, Acting Administrator.
    [FR Doc. 2016-10849 Filed 5-6-16; 8:45 am] BILLING CODE 3410-DM-P
    DEPARTMENT OF COMMERCE Office of the Secretary [DOCKET NO.: 160407316-6316-01] Public Availability of Department of Commerce FY 2015 Service Contract Inventory AGENCY:

    Office of the Secretary, Department of Commerce.

    ACTION:

    Notice of Public Availability of FY 2015 Service Contract Inventories and supplemental data.

    SUMMARY:

    In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010 (Pub. L. 111-117), the Department of Commerce is publishing this notice to advise the public of the availability of the Fiscal Year (FY) 2015 Service Contract Inventory, a report that analyzes the Department's FY 2014 Service Contract Inventory and an inventory supplement that identifies the amount invoiced and direct labor hours for covered service contract actions.

    The service contract inventory provides information on service contract actions over $25,000 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 on service contract inventories issued on November 5, 2010, by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP).

    ADDRESSES:

    The Department of Commerce has posted its FY 2015 inventory, summary, FY 2014 Analysis Report and supplemental data on the Office of Acquisition Management homepage at the following link http://www.osec.doc.gov/oam/. OFPP's guidance memo on service contract inventories is available at: http://www.whitehouse.gov/sites/default/files/omb/procurement/memo/service-contract-inventories-guidance-11052010.pdf.

    FOR FURTHER INFORMATION CONTACT:

    Questions regarding the service contract inventory should be directed to Virna Winters, Director for Acquisitions Policy and Oversight Division at 202-482-4248 or [email protected]

    Dated: May 3, 2016. Ellen Herbst, Chief Financial Officer and Assistant Secretary for Administration.
    [FR Doc. 2016-10840 Filed 5-6-16; 8:45 am] BILLING CODE 3510-DT-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-28-2016] Foreign-Trade Zone (FTZ) 26—Atlanta, Georgia; Notification of Proposed Production Activity; Eastman Kodak Company; Subzone 26N (Aluminum Printing Plates); Columbus, Georgia

    Georgia Foreign Trade Zone, Inc., grantee of FTZ 26, submitted a notification of proposed production activity to the FTZ Board on behalf of Eastman Kodak Company (Eastman Kodak), located within Subzone 26N, in Columbus, Georgia. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on April 26, 2016.

    The facility is used for the production of aluminum printing plates. Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status materials and components and specific finished product described in the submitted notification (as described below) and subsequently authorized by the FTZ Board.

    Production under FTZ procedures could exempt Eastman Kodak from customs duty payments on the foreign-status materials and components used in export production. On its domestic sales, Eastman Kodak would be able to choose the duty rate during customs entry procedures that applies to aluminum printing plates (duty rate 3.7%) for the foreign-status inputs noted below. Customs duties also could possibly be deferred or reduced on foreign-status production equipment.

    The components and materials sourced from abroad include: ethanaminium; 3H-indolium; benzenediazonium; finished aluminum printing plates; acetic acid; polyvinylphosphonsaure; co polymer-methacrylic acid; propenoic acid; naphthalenesulfonic acid; urethane acrylate polymer; phenolic resin solution; and, aluminum and aluminum alloy coils (duty rates range from 3% to 6.5%).

    Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board's Executive Secretary at the address below. The closing period for their receipt is June 20, 2016.

    A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the FTZ Board's Web site, which is accessible via www.trade.gov/ftz.

    For further information, contact Diane Finver at [email protected] or (202) 482-1367.

    Dated: May 3, 2016. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2016-10846 Filed 5-6-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Sanctuary System Business Advisory Council: Public Meeting AGENCY:

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

    ACTION:

    Notice of open meeting.

    SUMMARY:

    Notice is hereby given of a meeting of the Sanctuary System Business Advisory Council (council). The meeting is open to the public, and participants may provide comments at the appropriate time during the meeting.

    DATES:

    Members of the public wishing to participate in the meeting must register in advance by Friday, May 20, 2016. The meeting will be held Monday, May, 23, 2016 from 1:30 p.m. to 6:30 p.m. EDT, and an opportunity for public comment will be provided at 5:45 p.m. EDT. These times and the agenda topics described below are subject to change.

    ADDRESSES:

    The meeting will be held at the Florida Keys Eco-Discovery Center, 35 East Quay Road, Key West, Florida 33040. Since the center is closed on Mondays, admittance may be limited to the conference room, except during the time allotted for a scheduled tour. Register by contacting Rebecca Holyoke at 240-533-0685 or [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Rebecca Holyoke, Office of National Marine Sanctuaries, 1305 East West Highway, Silver Spring, Maryland 20910 (Phone: 240-533-0685; Fax: 301-713-0404; Email: [email protected]).

    SUPPLEMENTARY INFORMATION:

    ONMS serves as the trustee for a network of underwater parks encompassing more than 170,000 square miles of marine and Great Lakes waters from Washington state to the Florida Keys, and from Lake Huron to American Samoa. The network includes a system of 13 national marine sanctuaries and Papahānaumokuākea and Rose Atoll marine national monuments. National marine sanctuaries protect our Nation's most vital coastal and marine natural and cultural resources, and through active research, management, and public engagement, sustain healthy environments that are the foundation for thriving communities and stable economies. One of the many ways ONMS ensures public participation in the designation and management of national marine sanctuaries is through the formation of advisory councils. The Sanctuary System Business Advisory Council (council) has been formed to provide advice and recommendations to the Director regarding the relationship of ONMS with the business community. Additional information on the council can be found at http://sanctuaries.noaa.gov/management/ac/welcome.html.

    Matters to be Considered: The meeting will provide an opportunity for council members to visit a national marine sanctuary, Florida Keys National Marine Sanctuary, for the first time and learn about the site's history, resources, and staff. The council will be introduced to representatives from several of the sanctuary's user groups in order to hear different perspectives on the users and conflicts associated with managing a multi-use area. Additionally, the council will receive a tour of the Florida Keys Eco-Discovery Center that will serve as a point of comparison to discuss current and brainstorm new strategies in which ONMS might maximize visitor engagement everywhere a sanctuary is present. The agenda, available at http://sanctuaries.noaa.gov/management/bac/meetings.html, is subject to change.

    Authority:

    16 U.S.C. Sections 1431, et seq.

    (Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary Program) Dated: April 12, 2016. John Armor, Acting Director, Office of National Marine Sanctuaries, National Ocean Service, National Oceanic and Atmospheric Administration.
    [FR Doc. 2016-10782 Filed 5-6-16; 8:45 am] BILLING CODE 3510-NK-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE560 Marine Mammals; File Nos. 19436 and 19592 AGENCY:

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

    ACTION:

    Notice; receipt of applications.

    SUMMARY:

    Notice is hereby given that the Aleut Community of St. Paul Island, Tribal Government, Ecosystem Conservation Office [File No. 19436], 2050 Venia Minor Road, P.O. Box 86, St. Paul Island, AK 99660 [Responsible Party: Pamela Lestenkof], and the St. George Traditional Council, Ecosystem Conservation Office [File No. 19592], P.O. Box 940, St. George Island, Alaska 99591 [Responsible Party: Chris Merculief], have applied in due form for a permit to conduct research on and export specimens of northern fur seals (Callorhinus ursinus), Steller sea lions (Eumetopias jubatus) and harbor seals (Phoca vitulina) for scientific research.

    DATES:

    Written, telefaxed, or email comments must be received on or before June 8, 2016.

    ADDRESSES:

    The application and related documents are available for review by selecting “Records Open for Public Comment” from the “Features” box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting the appropriate File No. from the list of available applications.

    These documents are also available 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.

    Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713-0376, or by email to [email protected] Please include the File No. in the subject line of the email comment.

    Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate.

    FOR FURTHER INFORMATION CONTACT:

    Rosa L. González or Amy Sloan, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), 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 222-226), and the Fur Seal Act of 1966, as amended (16 U.S.C. 1151 et seq.).

    The applicants (File Nos. 19436 and 19592) propose a series of activities to fulfill their Biosampling, Entanglement/Disentanglement, and Island Sentinel Program responsibilities as established under the co-management agreements between NMFS and the Aleut Communities. The activities include ground and aerial surveys (using Unmanned Aircraft Systems); behavioral observations; monitoring; mark-resight; capture for flipper-tagging, standard measurements, and weight; collection of scat, molt, spew, and other samples from the ground; photograph; video; and photo-id of Steller sea lions, northern fur seals, and harbor seals. It also includes incidental harassment of the pinnipeds while performing these activities including remote camera installation, maintenance, and removal. In addition, the applicants would be authorized to collect, salvage, and accept (from subsistence users) samples from dead stranded and subsistence-hunted marine mammals. Unintentional mortality of northern fur seals and Steller sea lions is requested. See tables in the applications for numbers of takes by species, stock and activity. The Aleut Community of St. Paul Island, Tribal Government, Ecosystem Conservation Office activities will be performed in the Pribilof Islands, including St. Paul, St. George, Walrus, and Otter Islands, and Sea Lion Rock, Alaska. The St. George Traditional Council, Ecosystem Conservation Office activities will be performed in St. George Island, Alaska. The permits are requested for 5 years.

    In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activities proposed are consistent with the Preferred Alternative in the Final Programmatic Environmental Impact Statement (PEIS) for Steller Sea Lion and Northern Fur Seal Research (NMFS 2007) and the 2014 Environmental Assessment for Issuance of Permits to take Steller Sea Lions by harassment during surveys using unmanned aerial systems, and that issuance of the permits would not have a significant adverse impact on the human environment.

    Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors.

    Dated: May 4, 2016. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2016-10833 Filed 5-6-16; 8:45 am] BILLING CODE 3510-22-P
    CONSUMER PRODUCT SAFETY COMMISSION Public Availability of Consumer Product Safety Commission FY 2015 Service Contract Inventory AGENCY:

    Consumer Product Safety Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Consumer Product Safety Commission (“CPSC”), in accordance with section 743(c) of Division C of the Consolidated Appropriations Act, 2010 (Pub. L. 111-117, 123 Stat. 3034, 3216), is announcing the availability of CPSC's service contract inventory for fiscal year (“FY”) 2015. This inventory provides information on service contract actions that exceeded $25,000 that CPSC made in FY 2015.

    FOR FURTHER INFORMATION CONTACT:

    Eddie Ahmad, Procurement Analyst, Division of Procurement Services, Division of Procurement Services, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814. Telephone: 301-504-7884; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    On December 16, 2009, the Consolidated Appropriations Act, 2010 (Consolidated Appropriations Act), Public Law 111-117, became law. Section 743(a) of the Consolidated Appropriations Act, titled, “Service Contract Inventory Requirement,” requires agencies to submit to the Office of Management and Budget (“OMB”), an annual inventory of service contracts awarded or extended through the exercise of an option on or after April 1, 2010, and describes the contents of the inventory. The contents of the inventory must include:

    (A) A description of the services purchased by the executive agency and the role the services played in achieving agency objectives, regardless of whether such a purchase was made through a contract or task order;

    (B) The organizational component of the executive agency administering the contract, and the organizational component of the agency whose requirements are being met through contractor performance of the service;

    (C) The total dollar amount obligated for services under the contract and the funding source for the contract;

    (D) The total dollar amount invoiced for services under the contract;

    (E) The contract type and date of award;

    (F) The name of the contractor and place of performance;

    (G) The number and work location of contractor and subcontractor employees, expressed as full-time equivalents for direct labor, compensated under the contract;

    (H) Whether the contract is a personal services contract; and

    (I) Whether the contract was awarded on a noncompetitive basis, regardless of date of award.

    Section 743(a)(3)(A) through (I) of the Consolidated Appropriations Act. Section 743(c) of the Consolidated Appropriations Act requires agencies to “publish in the Federal Register a notice that the inventory is available to the public.”

    Consequently, through this notice, we are announcing that the CPSC's service contract inventory for FY 2015 is available to the public. The inventory provides information on service contract actions of more than $25,000 that CPSC made in FY 2015. The information is organized by function to show how contracted resources are distributed throughout the CPSC. We developed the inventory in accordance with guidance issued on December 19, 2011 by the OMB. (The OMB guidance is available at: https://www.whitehouse.gov/sites/default/files/omb/procurement/memo/service-contract-inventory-guidance.pdf) The CPSC's Division of Procurement Services has posted its inventory (which is identified as “Appendix B”), along with other related materials required by OMB on CPSC's homepage at the following link: http://www.cpsc.gov/About-CPSC/Agency-Reports/Service-Contract-Inventory/.

    Dated: May 4, 2016. Todd A. Stevenson, Secretary, Consumer Product Safety Commission.
    [FR Doc. 2016-10805 Filed 5-6-16; 8:45 am] BILLING CODE 6355-01-P
    CONSUMER PRODUCT SAFETY COMMISSION Commission Agenda and Priorities; Notice of Hearing AGENCY:

    U.S. Consumer Product Safety Commission.

    ACTION:

    Notice of public hearing.

    SUMMARY:

    The U.S. Consumer Product Safety Commission (“Commission”) will conduct a public hearing to receive views from all interested parties about the Commission's agenda and priorities for fiscal year 2017, which begins on October 1, 2016, and for fiscal year 2018, which begins on October 1, 2017. We invite members of the public to participate. Written comments and oral presentations concerning the Commission's agenda and priorities for fiscal years 2017 and 2018 will become part of the public record.

    DATES:

    The hearing will begin at 10 a.m. on June 15, 2016, and will conclude the same day. Requests to make oral presentations and the written text of any oral presentations must be received by the Office of the Secretary not later than 5 p.m. Eastern Daylight Time (“EDT”) on June 1, 2016.

    ADDRESSES:

    The hearing will be in the Hearing Room, 4th Floor of the Bethesda Towers Building, 4330 East West Highway, Bethesda, MD 20814. Requests to make oral presentations, (along with the texts of oral presentations) and written comments should be captioned, “Agenda and Priorities FY 2017 and/or 2018,” and sent by electronic mail (email) to: [email protected], or mailed or delivered to the Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814. Requests and comments must be received no later than 5 p.m. EDT on June 1, 2016.

    FOR FURTHER INFORMATION CONTACT:

    For information about the hearing, or to request an opportunity to make an oral presentation, please send an email, call, or write Todd A. Stevenson, Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; email: [email protected]; telephone: (301) 504-7923; facsimile: (301) 504-0127. An electronic copy of the CPSC's budget request for fiscal year 2017 can be found at: www.cpsc.gov/performance-and-budget.

    SUPPLEMENTARY INFORMATION:

    I. Background

    Section 4(j) of the Consumer Product Safety Act (“CPSA”) (15 U.S.C. 2053(j)) requires the Commission to establish an agenda for action under the laws the Commission administers, and to the extent feasible, select priorities for action at least 30 days before the beginning of each fiscal year. Section 4(j) of the CPSA provides further that before establishing its agenda and priorities, the Commission conduct a public hearing and provide an opportunity for the submission of comments.

    The Commission is in the process of preparing the agency's fiscal year 2017 Operating Plan and fiscal year 2018 Congressional Budget Request. Fiscal year 2017 begins on October 1, 2016, and fiscal year 2018 begins on October 1, 2017. The Commission's priorities for fiscal years 2017 and 2018 will align with the CPSC's 2016—2020 Strategic Plan, which was released for public comment in February 2016. Through this notice, the Commission invites the public to comment on the following questions:

    1. What are the priorities the Commission should consider emphasizing and dedicating resources toward in the fiscal year 2017 Operating Plan and/or the fiscal year 2018 Congressional Budget Request?

    2. What activities should the Commission consider deemphasizing in the fiscal year 2017 Operating Plan and/or the fiscal year 2018 Congressional Budget Request?

    3. Should the Commission consider making any changes or adjustments to the agency's proposed or ongoing education, safety standards activities, regulation, and enforcement efforts in fiscal years 2017 and/or 2018, keeping in mind the CPSC's existing policy on establishing priorities for Commission action (16 CFR 1009.8)? The CPSC's budget request for fiscal year 2017 can be found at: www.cpsc.gov/performance-and-budget. Comments are welcome on whether particular action items should be higher priority than others, should not be included, or should be added to the fiscal year 2017 and/or fiscal year 2018 agendas.

    4. Which candidates should the Commission consider for retrospective review of existing rules for fiscal year 2017 and/or 2018 agendas? This is intended to facilitate the identification of rules that warrant repeal or modification, including rules that would benefit from strengthening, complementing, or modernizing. Consistent with Executive Orders (“E.O.”) 13579, 13563, and 13610 and the Regulatory Flexibility Act (“RFA”), the CPSC systematically reviews its regulations to ensure consistency among all regulations in accomplishing program goals. The CPSC's latest Semiannual Regulatory Agenda, which was issued in December 2015, can be found at: www.federalregister.gov/articles/2015/12/15/2015-30672/semiannual-regulatory-agenda.

    II. Requests To Make Presentations or Submit Written Comments

    Persons who desire to make oral presentations at the hearing on June 15, 2016 should submit their request, including the text of their oral presentation, by email to: [email protected], or by mail or delivery to the Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: (301) 504-7923; facsimile (301) 504-0127. Requests to make oral presentations and texts of the presentation must be received no later than 5 p.m. EDT on June 1, 2016. Presentations should be limited to approximately 10 minutes. The Commission reserves the right to impose further time limitations on all presentations and further restrictions to avoid duplication of presentations.

    If you do not want to make an oral presentation, but would like to provide written comments, you may do so. Please submit written comments in the manner described in the previous paragraph. Written comments must be received no later than 5 p.m. EDT on June 1, 2016.

    Dated: May 4, 2016. Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission.
    [FR Doc. 2016-10804 Filed 5-6-16; 8:45 am] BILLING CODE 6355-01-P
    DEPARTMENT OF DEFENSE Department of the Navy Meeting of the Ocean Research Advisory Panel AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    The Ocean Research Advisory Panel (ORAP) will hold a regularly scheduled meeting. The meeting will be open to the public.

    DATES:

    The meeting will be held on Tuesday, May 31, 2016, from 1:00 p.m. to 5:00 p.m. and on Wednesday, June 1, 2016, from 9:00 a.m. to 3:00 p.m. Members of the public should submit their comments in advance of the meeting to the meeting Point of Contact.

    ADDRESSES:

    The meeting will be held at 4100 Fairfax Drive, Suite 800, Arlington, VA, 22203.

    FOR FURTHER INFORMATION CONTACT:

    CDR Joel W. Feldmeier, Office of Naval Research, 875 North Randolph Street, Suite 1425, Arlington, VA 22203-1995, telephone 706-696-5121.

    SUPPLEMENTARY INFORMATION:

    This notice of open meeting is provided in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 2). The meeting will include discussions on ocean research, resource management, and other current issues in the ocean science and management communities.

    Dated: May 3, 2016. N.A. Hagerty-Ford, Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2016-10857 Filed 5-6-16; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF ENERGY Quadrennial Energy Review: Notice of Public Meetings AGENCY:

    Office of Energy Policy and Systems Analysis, Secretariat, Quadrennial Energy Review Task Force, Department of Energy.

    ACTION:

    Notice of public meetings and updating meeting start time.

    SUMMARY:

    At the direction of the President, the U.S. Department of Energy (DOE or Department), as the Secretariat for the Quadrennial Energy Review Task Force (QER Task Force), will convene public meetings for the second installment of the Quadrennial Energy Review, an integrated study of the U.S. electricity system from generation through end use. A mixture of panel discussions and a public comment period will frame multi-stakeholder discourse around deliberative analytical questions relating to the intersection of electricity and its role in promoting economic competitiveness, energy security, and environmental responsibility.

    DATES:

    See the SUPPLEMENTARY INFORMATION section for meeting dates and locations.

    ADDRESSES:

    Between February 4, 2016 and July 1, 2016, you may submit written comments online at http://energy.gov/qer or by U.S. mail to the Office of Energy Policy and Systems Analysis, EPSA-60, QER Meeting Comments, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585-0121.

    FOR FURTHER INFORMATION CONTACT:

    John Richards, EPSA-60, U.S. Department of Energy, Office of Energy Policy and Systems Analysis, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: 202-586-0507 Email: [email protected].

    SUPPLEMENTARY INFORMATION:

    On January 9, 2014, President Obama issued a Presidential Memorandum —Establishing a Quadrennial Energy Review. To accomplish this review, the Presidential Memorandum establishes a Quadrennial Energy Review Task Force to be co-chaired by the Director of the Office of Science and Technology Policy, and the Director of the Domestic Policy Council. Under the Presidential Memorandum, the Secretary of Energy shall provide support to the Task Force, including support for coordination activities related to the preparation of the Quadrennial Energy Review (QER) Report, policy analysis and modeling, and stakeholder engagement.

    The Quadrennial Energy Review process itself involves robust engagement of federal agencies and outside stakeholders, and further enables the federal government to translate policy goals into a set of analytically based, integrated actions for proposed investments over a four year planning horizon. Unlike traditional federal Quadrennial Review processes, the QER is conducted in a multi-year installment series to allow for more focused analysis on particular sub-sectors of the energy system. The initial focus for the Quadrennial Energy Review was our Nation's transmission, storage and distribution infrastructures that link energy supplies to intermediate and end users, because these capital-intensive infrastructures tend to set supply and end use patterns, investments and practices in place for decades. On April 21, 2015, the Quadrennial Energy Review Task Force released its first Quadrennial Energy Review installment report entitled, “Energy Transmission, Storage, and Distribution Infrastructure”. Among the issues highlighted by the analysis in the first installment of the QER were the growing dependencies of all critical infrastructures and economic sectors on electricity, as well as, the increasing interdependence of the various energy subsectors. In response to these findings, and to provide an appropriate consideration of an energy sector undergoing significant technological and regulatory change, the second installment of the QER will conduct a comprehensive review of the nation's electricity system, from generation to end use, including a more comprehensive look at electricity transmission, storage, and distribution infrastructure covered in installment one. The electricity system encompasses not just physical structures, but also a range of actors and institutions. Under this broad framing, the second installment intends to consider the roles and activities of all relevant actors, industries, and institutions integral to continuing to supply reliable and affordable electricity at a time of dramatic change in technology development. Issues to be considered in QER analyses include fuel choices, distributed and centralized generation, physical and cyber vulnerabilities, federal, state, and local policy direction, expectations of residential and commercial consumers, and a review of existing and evolving business models for a range of entities throughout the system.

    Significant changes will be required to meet the transformational opportunities and challenges posed by our evolving electricity system. The Administration is seeking public input on key questions relating to possible federal actions that would address the challenges and take full advantage of the opportunities of this changing system to meet the Nation's objectives of reliable, affordable and clean electricity. Over the course of 2016, the Secretariat for the Quadrennial Energy Review Task Force will hold a series of public meetings to discuss and receive comments on the issues outlined above, and well as, others, as they relate to the second installment of the Quadrennial Energy Review.

    The Department of Energy has a broad role in energy policy development and the largest role in implementing the Federal Government's energy research and development portfolio. Many other executive departments and agencies also play key roles in developing and implementing policies governing energy resources and consumption, as well as, associated environmental impacts. In addition, non-Federal actors are crucial contributors to energy policies. Because most energy and related infrastructure is owned by private entities, investment by and engagement of, input from the private sector is necessary to develop and implement effective policies. State and local policies, the views of non-governmental, environmental, faith-based, labor, and other social organizations, and contributions from the academic and non-profit sectors are also critical to the development and implementation of effective Federal energy policies.

    The interagency Quadrennial Energy Review Task Force, which includes members from all relevant executive departments and agencies, will develop an integrated review of energy policy that integrates all of these perspectives. It will build on the foundation provided in the Administration's Blueprint for a Secure Energy Future of March 30, 2011, and Climate Action Plan released on June 25, 2013. The Task Force will offer recommendations on what additional actions it believes would be appropriate. These may include recommendations on additional executive or legislative actions to address the energy challenges and opportunities facing the Nation.

    Quadrennial Energy Review Public Meetings

    The public meetings will be held on:

    • May 9, 8:30 a.m., at the University of Texas, Peter O' Donnell, Jr. Applied Computational Engineering and Sciences Building, Avaya Auditorium (POB 2.302), 201 E. 24th Street, Austin Texas.

    • May 10, 9:30 a.m., at City Hall, Tom Bradley Tower Room, 200 N. Spring St., Los Angeles, California.

    • May 24, 10:00 a.m., at Georgia Tech GTRI Conference Center, 250 14th Street NW., Atlanta, Georgia.

    Each meeting will feature facilitated panel discussions, followed by an open microphone session. People who would like to speak during the open microphone session at the public meeting should come prepared to speak for no more than five minutes and will be accommodated on a first-come, first-served basis, according to the order in which they register to speak on a sign-in sheet available at the meeting location, on the morning of the meeting. In advance of the meetings, DOE anticipates making publicly available a briefing memorandum providing useful background information regarding the topics under discussion at the meeting. DOE will post this memorandum on its Web site: http://energy.gov/qer.

    Submitting comments online. DOE will accept public comments on the QER from February 4, 2016, to July 1, 2016, at energy.gov/qer. Submitting comments online to the DOE Web site will require you to provide your name and contact information. Your contact information will be viewable to DOE staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). Your contact information will be publicly viewable if you include it in the comment itself or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Otherwise, persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments.

    Do not submit information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (CBI)). Comments submitted through the DOE Web site cannot be claimed as CBI. Comments received through the Web site will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section, below.

    If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information in a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments.

    Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via mail or hand delivery/courier, please provide all items on a CD, if feasible, in which case it is not necessary to submit printed copies. No telefacsimiles (faxes) will be accepted.

    Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, written in English, and are free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author.

    Confidential Business Information. Pursuant to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email, postal mail, or hand delivery/courier two well-marked copies: One copy of the document marked “confidential” including all the information believed to be confidential, and one copy of the document marked “non-confidential” with the information believed to be confidential deleted. Submit these documents via email or on a CD, if feasible. DOE will make its own determination about the confidential status of the information and treat it according to its determination. Confidential information should be submitted to the Confidential QER email address: [email protected].

    Factors of interest to DOE when evaluating requests to treat submitted information as confidential include: (1) A description of the items; (2) whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known by or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation of the competitive injury to the submitting person which would result from public disclosure; (6) when such information might lose its confidential character due to the passage of time; and (7) why disclosure of the information would be contrary to the public interest. It is DOE's policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure).

    Issued in Washington, DC, on May 4, 2016. April Salas, QER Secretariat Director, Quadrennial Energy Review Task Force, U.S. Department of Energy.
    [FR Doc. 2016-10874 Filed 5-6-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Public Availability of Department of Energy FY 2015 Service Contract Inventory AGENCY:

    Department of Energy.

    ACTION:

    Notice of public availability of FY 2015 Service Contract Inventories.

    SUMMARY:

    In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010 (Pub. L. 111-117), the Department of Energy (DOE) is publishing this notice to advise the public on the availability of the FY 2015 Service Contract inventory. This inventory provides information on service contract actions over $25,000 that DOE completed 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, 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. On December 19, 2011, OFPP issued additional guidance available at http://www.whitehouse.gov/sites/default/files/omb/procurement/memo/service-contract-inventory-guidance.pdf.

    Except for minor changes to reporting deadlines, the guidance for preparing and analyzing FY 2015 inventories is essentially unchanged from OFPP's November 5, 2010, guidance for preparing the FY 2010 inventory. DOE has posted its inventory and a summary of the inventory at: http://energy.gov/management/downloads/service-contract-inventory.

    FOR FURTHER INFORMATION CONTACT:

    Questions regarding the service contract inventory should be directed to Jeff Davis in the Strategic Programs Division at 202-287-1877 or [email protected]

    Dated: April 28, 2016. David Leotta, Director, Office of Contract Management.
    [FR Doc. 2016-10801 Filed 5-6-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL16-64-000] Notice of Complaint Belmont Municipal Light Department; Braintree Electric Light Department; Concord Municipal Light Plant; Georgetown Municipal Light Department; Groveland Electric Light Department; Hingham Municipal Lighting Plant; Littleton Electric Light & Water Department; Middleborough Gas & Electric Department; Middleton Electric Light Department; Reading Municipal Light Department; Rowley Municipal Lighting Plant; Taunton Municipal Lighting Plant; Wellesley Municipal Light Plant, v. Central Maine Power Company; Emera Maine (formerly known as Bangor Hydro-Electric Company); Eversource Energy Service Company and its operating company affiliates: The Connecticut Light and Power Company, Western Massachusetts Electric Company, Public Service Company of New Hampshire, and NSTAR Electric Company; New England Power Company d/b/a National Grid; New Hampshire Transmission LLC d/b/a NextEra; The United Illuminating Company; Fitchburg Gas and Electric Light Company; and Vermont Transco, LLC

    Take notice that on April 26, 2016, pursuant to sections 206 and 306 of the Federal Power Act 1 and Rule 206 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure,2 Belmont Municipal Light Department; Braintree Electric Light Department; Concord Municipal Light Plant; Georgetown Municipal Light Department; Groveland Electric Light Department; Hingham Municipal Lighting Plant; Littleton Electric Light & Water Department; Middleborough Gas & Electric Department; Middleton Electric Light Department; Reading Municipal Light Department; Rowley Municipal Lighting Plant; Taunton Municipal Lighting Plant; Wellesley Municipal Light Plant (Complainants), filed a formal complaint against Central Maine Power Company; Emera Maine (formerly known as Bangor Hydro-Electric Company); Eversource Energy Service Company and its operating company affiliates: The Connecticut Light and Power Company, Western Massachusetts Electric Company, Public Service Company of New Hampshire, and NSTAR Electric Company; New England Power Company; New Hampshire Transmission LLC; The United Illuminating Company; Fitchburg Gas and Electric Light Company; and Vermont Transco, LLC (Respondents). The Complainants are alleging that the current 10.57 percent return on equity used in calculating formula rates for transmission service under the ISO New England, Inc. Open Access Transmission Tariff is excessive and should be reduced, as more fully explained in the complaint.

    1 16 U.S.C. 791a-828c, 824e, and 825e.

    2 18 CFR 385.206.

    Complainants certify that copies of the Complaint were served on contacts for Respondents.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on May 16, 2016.

    Dated: May 3, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-10786 Filed 5-6-16; 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: EC16-112-000.

    Applicants: West Valley Power, LLC.

    Description: Application of West Valley Power, LLC for Authorization Under Section 203 of the Federal Power Act and Request for Expedited Action.

    Filed Date: 4/29/16.

    Accession Number: 20160429-5536.

    Comments Due: 5 p.m. ET 5/20/16.

    Docket Numbers: EC16-113-000.

    Applicants: PacifiCorp.

    Description: Application of PacifiCorp for Approval of Acquisition of under Jurisdictional Assets pursuant to Section 203 of Federal Power Act.

    Filed Date: 4/29/16.

    Accession Number: 20160429-5546.

    Comments Due: 5 p.m. ET 5/20/16.

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG16-89-000.

    Applicants: Elevation Solar C LLC.

    Description: Self-Certification of Exempt Wholesale Generator Status of Elevation Solar C LLC.

    Filed Date: 4/28/16.

    Accession Number: 20160428-5454.

    Comments Due: 5 p.m. ET 5/19/16.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER16-1549-000.

    Applicants: Pacific Gas and Electric Company.

    Description: Section 205(d) Rate Filing: Quarterly Filing of City and County of San Francisco's WDT SA 275 for Q1 2016 to be effective 3/31/2016.

    Filed Date: 4/29/16.

    Accession Number: 20160429-5468.

    Comments Due: 5 p.m. ET 5/20/16.

    Docket Numbers: ER16-1550-000.

    Applicants: Southwest Power Pool, Inc.

    Description: Section 205(d) Rate Filing: 3060 SWEPCO and Tex-La Electric Interconnection Agreement to be effective 4/20/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5106.

    Comments Due: 5 p.m. ET 5/23/16

    Docket Numbers: ER16-1551-000.

    Applicants: Southwest Power Pool, Inc.

    Description: Section 205(d) Rate Filing: 2142R2 Golden Spread Electric Cooperative, Inc. NITSA NOA to be effective 4/1/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5107.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1552-000.

    Applicants: Ameren Illinois Company, Midcontinent Independent System Operator, Inc.

    Description: Section 205(d) Rate Filing: 2016-05-02_SA 2917 Ameren Illinois-Prairie Power CA (Yantisville) to be effective 4/5/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5111.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1553-000.

    Applicants: Atlantic City Electric Company.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5140.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1554-000.

    Applicants: AV Solar Ranch 1, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5141.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1555-000.

    Applicants: Baltimore Gas and Electric Company.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5142.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1556-000.

    Applicants: Beebe 1B Renewable Energy, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5143.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1557-000.

    Applicants: Beebe Renewable Energy, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5144.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1558-000.

    Applicants: Bethlehem Renewable Energy, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5145.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1559-000.

    Applicants: Calvert Cliffs Nuclear Power Plant, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5146.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1560-000.

    Applicants: Cassia Gulch Wind Park, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5147.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1561-000.

    Applicants: Continuum Retail Energy Services, L.L.C.

    Description: Notice of Cancellation of Market-Based Rate Tariff of Continuum Retail Energy Services, L.L.C.

    Filed Date: 4/29/16.

    Accession Number: 20160429-5540.

    Comments Due: 5 p.m. ET 5/20/16.

    Docket Numbers: ER16-1562-000.

    Applicants: CER Generation, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5148.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1563-000.

    Applicants: Commonwealth Edison Company.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5149.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1564-000.

    Applicants: The AES Corporation.

    Description: Election for Review and Authorization of The AES Corporation pursuant to Section 1275 of the Energy Policy Act of 2015.

    Filed Date: 4/29/16.

    Accession Number: 20160429-5541.

    Comments Due: 5 p.m. ET 5/20/16.

    Docket Numbers: ER16-1565-000.

    Applicants: Constellation Energy Commodities Group Maine, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5151.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1566-000.

    Applicants: Constellation Energy Services, Inc.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5152.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1567-000.

    Applicants: Constellation Energy Services of New York.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5153.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1568-000.

    Applicants: Constellation Mystic Power, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5157.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1569-000.

    Applicants: Constellation NewEnergy, Inc.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5159.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1570-000.

    Applicants: Constellation Power Source Generation, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5160.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1571-000.

    Applicants: Cow Branch Wind Power, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5162.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1572-000.

    Applicants: CR Clearing, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5164.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1573-000.

    Description: Notice of Cancellation market-based rate tariff of California Clean Power Corp.

    Filed Date: 4/29/16.

    Accession Number: 20160429-5545.

    Comments Due: 5 p.m. ET 5/20/16.

    Docket Numbers: ER16-1574-000.

    Applicants: Criterion Power Partners, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5167.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1575-000.

    Applicants: Eastern Landfill Gas, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5170.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1576-000.

    Applicants: Exelon Framingham, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5172.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1577-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Section 205(d) Rate Filing: 2016-05-02 Emergency Pricing True-Up to be effective 7/1/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5173.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1578-000.

    Applicants: Delmarva Power & Light Company.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5175.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1579-000.

    Applicants: Exelon Generation Company, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5176.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1580-000.

    Applicants: Potomac Electric Power Company.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5177.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1581-000.

    Applicants: Exelon New Boston, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5178.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1582-000.

    Applicants: Exelon West Medway, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5179.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1583-000.

    Applicants: Exelon Wind 4, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5180.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1584-000.

    Applicants: Exelon Wyman, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5198.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1585-000.

    Applicants: Fair Wind Power Partners, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5182.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1586-000.

    Applicants: Fourmile Wind Energy, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5199.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1587-000.

    Applicants: Handsome Lake Energy, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5201.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1588-000.

    Applicants: Harvest II Windfarm, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5202.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1589-000.

    Applicants: Harvest Windfarm, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5203.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1590-000.

    Applicants: High Mesa Energy, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5206.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1591-000.

    Applicants: Michigan Wind 1, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5207.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1592-000.

    Applicants: Michigan Wind 2, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5209.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1593-000.

    Applicants: Public Service Company of Colorado.

    Description: Section 205(d) Rate Filing: PSCo-TSGT-WAPA Concur Montrose Sub 438 to be effective 7/2/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5211.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1594-000.

    Applicants: Nine Mile Point Nuclear Station, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5212.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1595-000.

    Applicants: PECO Energy Company.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5215.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1596-000.

    Applicants: Pepco Energy Services, Inc.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5221.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1597-000.

    Applicants: R.E. Ginna Nuclear Power Plant, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5229.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1598-000.

    Applicants: Shooting Star Wind Project, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5230.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1599-000.

    Applicants: Tuana Springs Energy, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5232.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1600-000.

    Applicants: Southwest Power Pool, Inc.

    Description: Section 205(d) Rate Filing: 3189 Basin Electric and Northern States Power Attachment AO to be effective 4/1/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5234.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1601-000.

    Applicants: Wildcat Wind, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5239.

    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER16-1602-000.

    Applicants: Wind Capital Holdings, LLC.

    Description: Compliance filing: Exelon MBR Entities Omnibus Tariff Updates to be effective 5/3/2016.

    Filed Date: 5/2/16.

    Accession Number: 20160502-5241.

    Comments Due: 5 p.m. ET 5/23/16.

    Take notice that the Commission received the following electric securities filings:

    Docket Numbers: ES16-30-000.

    Applicants: El Paso Electric Company.

    Description: Application for Renewal of Section 204 Authorization of El Paso Electric Company.

    Filed Date: 4/29/16.

    Accession Number: 20160429-5538.

    Comments Due: 5 p.m. ET 5/20/16.

    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: May 2, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-10767 Filed 5-6-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR16-13-000] Saddlehorn Pipeline Company, LLC; Notice of Amended Petition for Declaratory Order

    Take notice that on April 29, 2016, pursuant to Rule 207(a)(2) of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.207(a)(2) (2015), Saddlehorn Pipeline Company, LLC (“Saddlehorn”), filed an amended petition for a declaratory order concerning clarifying language to its rules and regulations tariff governing line fill, to accommodate the restructuring of the original Saddlehorn project into an undivided joint interest pipeline with Grand Mesa Pipeline, LLC, all as more fully explained in the petition, as amended.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on May 11, 2016.

    Dated: May 3, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-10787 Filed 5-6-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP15-554-000; CP15-554-001] Atlantic Coast Pipeline, LLC; Supplemental Notice of Intent To Prepare an Environmental Impact Statement and Proposed Land and Resource Plan Amendment(s) for the Proposed Atlantic Coast Pipeline, Request for Comments on Environmental Issues Related to New Route and Facility Modifications, and Notice of Public Scoping Meetings

    On February 27, 2015, the Federal Energy Regulatory Commission (FERC or Commission) issued in Docket Nos. PF15-5-000 and PF15-6-000 a Notice of Intent to Prepare an Environmental Impact Statement for the Planned Supply Header Project and Atlantic Coast Pipeline Project, and Request for Comments on Environmental Issues, and Notice of Public Scoping Meetings (NOI). On September 18, 2015, Atlantic Coast Pipeline, LLC (Atlantic) and Dominion Transmission, Inc. (DTI) filed applications with the FERC in Docket Nos. CP15-554-000 and CP15-555-000 pursuant to sections 7(b) and 7(c) of the Natural Gas Act (NGA) and Parts 157 and 284 of the Commission's regulations. Atlantic and DTI are seeking Certificates of Public Convenience and Necessity (Certificates) to construct, own, and operate a natural gas pipeline and related facilities. On March 1, 2016, Atlantic filed an amendment to its application to incorporate route and facility modifications in West Virginia, Virginia, and North Carolina. This Supplemental Notice is being issued to seek comments on the new pipeline route and facility modifications and opens a new scoping period for interested parties to file comments on environmental issues specific to these modifications.

    Information about the facilities proposed by Atlantic and DTI can be found on our public dockets referenced above and on each applicant's Web site at www.dom.com/corporate/what-we-do/atlantic-coast-pipeline or www.dom.com/corporate/what-we-do/natural-gas/supply-header-project. The FERC's environmental impact statement (EIS) will encompass all proposed facilities and be used by the Commission in its decision-making process to determine whether the Atlantic Coast Pipeline (ACP) and Supply Header Project are in the public convenience and necessity.

    The FERC will be the lead federal agency for the preparation of the EIS. The U.S. Forest Service (USFS) is participating as a cooperating agency because the ACP would cross the Monongahela National Forest (MNF) and the George Washington National Forest (GWNF) in West Virginia and Virginia. As a cooperating agency, the USFS intends to adopt the EIS per Title 40 of the Code of Federal Regulations, Part 1506.3 to meet its responsibilities under the National Environmental Policy Act (NEPA) regarding Atlantic's application for a Right-of-Way Grant and Temporary Use Permit for crossing federally administered lands. In addition, there may be a need for the USFS to amend the MNF and GWNF Land and Resource Management Plans (LRMP) to allow for the ACP to be constructed on USFS lands. The EIS will also provide the documentation to support needed amendments to the LRMPs. Additional details on the USFS' LRMP Amendment Process is provided on page 8.

    The Commission previously solicited public input on the ACP in the spring of 2015. We 1 are specifically seeking comments on the new pipeline route and facility modifications to help the Commission staff determine what issues need to be evaluated in the EIS. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts from the new route and proposed modifications. To ensure that your comments are timely and properly recorded, please send your comments so that the Commission receives them in Washington, DC on or before June 2, 2016. If you have previously provided comments on the ACP or Supply Header Projects, you do not need to resubmit them.

    1 “We,” “us,” and “our” refer to the environmental staff of the Commission's Office of Energy Projects.

    You may submit comments in written form or verbally. In lieu of or in addition to sending written comments, the Commission invites you to attend the public scoping meetings scheduled as follows:

    Date and time Location Friday, May 20, 2016, 10:00 a.m.-7:00 p.m Marlinton Community Wellness Center, 320 9th Street, Marlinton, WV 24954. Saturday, May 21, 2016, 10:00 a.m.-7:00 p.m Bath County High School, 464 Charger Lane, Hot Springs, VA 24445.

    The purpose of these scoping meetings is to provide an opportunity to verbally comment on the project modifications. You may attend at any time during the meeting, as the primary goal of a scoping meeting is for us to hear and document your environmental concerns. There will not be a formal presentation by Commission staff; however, we will be available to answer your questions about the FERC environmental review process. Representatives of Atlantic will also be present to answer questions about the project.

    Verbal comments will be recorded by a court reporter and transcripts will be placed into the docket for the project and made available for public viewing on FERC's eLibrary system (see page 12 “Additional Information” for instructions on using eLibrary). It is important to note that verbal comments hold the same weight as written or electronically submitted comments. If a significant number of people are interested in providing verbal comments, a time limit of 3 to 5 minutes may be implemented for each commenter to ensure all those wishing to comment have the opportunity to do so within the designated meeting time. Time limits will be strictly enforced if they are implemented.

    This Supplemental Notice is being sent to the Commission's current environmental mailing list for this project, including those landowners that are newly affected by the proposed pipeline route modifications. State and local government representatives are asked to notify their constituents of this proposed project and encourage them to comment on their areas of concern.

    If you are a newly affected landowner receiving this notice, a pipeline company representative may contact you about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The company would seek to negotiate a mutually acceptable agreement. However, if the Commission approves the project, that approval conveys with it the right of eminent domain. Therefore, if the easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings where compensation would be determined in accordance with state law.

    A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility on My Land? What Do I Need To Know?” is available for viewing on the FERC Web site (www.ferc.gov). This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings.

    Summary of Project Modifications

    In its amended application, Atlantic proposes a major route change through the MNF and GWNF that would affect landowners in Randolph and Pocahontas Counties, West Virginia and Highland, Bath, and Augusta Counties, Virginia. Other, smaller route changes proposed in the amendment would affect landowners in Nelson and Dinwiddie Counties, Virginia; and Cumberland and Johnston Counties, North Carolina. The amended facilities would increase the total length of the pipeline from about 556 miles to 599.7 miles and compressor station horsepower from 40,715 horsepower to 53,515 horsepower at the proposed Buckingham County, Virginia compressor station, all as more fully described in the amended application. An overview map of the proposed ACP and SHP and illustrations of these alternatives are provided in Appendix 1. Detailed alternative route location information can be found on DTI's interactive web mapping application at https://www.dom.com/corporate/what-we-do/atlantic-coast-pipeline.

    GWNF 6 Route Modification (Randolph and Pocahontas Counties, West Virginia; Highland, Bath, and Augusta Counties, Virginia)

    To reduce potential impacts on the Cheat Mountain salamander, West Virginia Northern flying squirrel, and Cow Knob salamander, and to avoid sensitive habitats and land uses, Atlantic incorporated the GWNF 6 Alternative into its proposed pipeline route between AP-1 mileposts (MPs) 47.5 and 115.2. Relative to Atlantic's originally proposed route, the GWNF 6 Route Modification initially heads south approximately 13 miles, passing east of Hicks Ridge and west of Kumbrabow State Forest. The route continues south/southeast approximately 13 miles, crossing Point Mountain and passing east of Elk Mountain and Mingo Knob. The route enters Pocahontas County, West Virginia southeast of Mingo Knob at Valley Mountain, and continues south approximately 8 miles, crossing Mace, Tallow, and Gibson Knobs, passing west of the Snowshoe Ski Resort. South of Gibson Knob, the route heads southeast approximately 17 miles, passing south of Cheat Mountain and Back Allegheny Mountain; crossing Cloverlick Mountain, Seneca State Forest, and Michael Mountain; and entering Highland County, Virginia just west of Big Crooked Ridge.

    After entering Virginia, the GWNF 6 Alternative continues east approximately 3 miles then southeast approximately 8 miles, crossing Little Ridge, Big Ridge, and Little Mountain and passing east of Piney Ridge. The route enters Bath County, Virginia near U.S. Highway 220, and continues southeast approximately 14 miles, crossing Back Creek Mountain, Jack Mountain, and Tower Hill Mountain and passing south of Shenandoah Mountain at South Sister Knob. The route heads northeast approximately 20 miles, passing north of Chestnut Ridge; entering Augusta County, Virginia near Brushy Ridge; and crossing Deerfield Valley on the east side of Shenandoah Mountain. The GWNF 6 Alternative intersects Atlantic's filed route near MP 115.2 at Broad Draft near West Augusta, Virginia.

    In addition to the route modification described above, Atlantic also proposes to increase the horsepower of its proposed Compressor Station 2 in Buckingham County, Virginia and install eight additional valve sites.

    Snowshoe Route Adjustment (Randolph and Pocahontas Counties, Virginia)

    Atlantic incorporated the Snowshoe Route Variation into its proposed route between AP-1 MPs 66.7 and 70.1 to avoid modeled habitat for the Cheat Mountain salamander and the Cheat Mountain Civil War Battlefield, as well as reducing the amount of forest land and other sensitive environmental features crossed. Relative to Atlantic's originally proposed route, the Snowshoe Route Variation initially heads west/southwest for 0.8 mile, crossing the main ridge on Valley Mountain, then continuing for approximately 2.6 miles, descending Valley Mountain, crossing Dry Fork Spring and Middle Mountain, and entering the valley along Big Fork Spring. The route then crosses Highway 56 in the valley, and continues to the south/southwest for approximately 1.3 miles, ascending Tallow Knob and reconnecting to the originally proposed route at MP 70.1.

    Singleton Route Adjustment (Bath County, Virginia)

    Atlantic incorporated the Singleton Route Adjustment into its proposed route between AP-1 MPs 91.9 and 92.7 to avoid an open-space conservation easement held by the Virginia Outdoors Foundation. Relative to Atlantic's originally proposed route, the Singleton Route Adjustment is generally parallel to and within 0.3 mile of the corresponding segment of the originally proposed route.

    Horizons Village 2 Route Adjustment (Nelson County, Virginia)

    In response to our environmental information request dated December 4, 2015, and to avoid crossing the Spruce Creek Tributary Conservation Site, Atlantic incorporated the Horizons Village 2 Route Adjustment into its proposed pipeline route between AP-1 MPs 162.0 and 162.8. Relative to Atlantic's originally proposed route, the Horizons Village 2 Route Adjustment would pass approximately 310 feet south of the conservation site.

    Highway 29 Route Adjustment (Nelson County, Virginia)

    In response to our environmental information request dated December 4, 2015, and to avoid an area of high slip potential, improve the location for the crossing of Highway 29, and optimize the amount of agricultural and open land crossed, Atlantic incorporated the Highway 29 Route Variation into its proposed pipeline route between AP-1 MPs 167.0 and 171.1. Relative to Atlantic's originally proposed route, the Highway 29 Route Variation initially heads south for approximately 0.2 mile following a ridge to the top of Roberts Mountain, then continues southeast for approximately 1.7 miles following a ridge to the base of Roberts Mountain at the crossing of Davis Creek. This segment of the route crosses Highway 29 on the same north trending finger ridge as the proposed route, but in an area with flatter terrain at the crossing. On the south side of the highway, the route continues to the southeast for approximately 2.2 miles, including a 0.2-mile-long segment parallel to Starvale Lane. The Highway 29 Route Variation reconnects to the originally proposed route on the east side of Wheelers Cove Road at approximately MP 171.1.

    Beaver Pond Creek Route Adjustment (Dinwiddie County, Virginia)

    In response to our environmental information request dated December 4, 2015, and to reduce the number of crossings of Beaver Pond Creek and address comments provided by the Ward Burton Wildlife Foundation, Atlantic incorporated the Beaver Pond Creek Route Variation into its proposed pipeline route between AP-1 MPs 256.5 and 259.3. Relative to Atlantic's originally proposed route, the Beaver Pond Creek Route Variation initially heads south/southwest for approximately 111.1 miles to a point just south of Whitmore Road, then heads south for approximately 1.6 miles over mostly upland terrain, crossing Beaver Creek Pond in one location, reconnecting with the originally proposed route near MP 259.3.

    Juniper Farms Route Adjustment (Johnston County, North Carolina)

    Atlantic incorporated the Juniper Farms Route Variation into its proposed route between AP-2 MPs 96.9 and 98.4 to avoid a wetland mitigation bank, and to reduce the amount of sensitive environmental features and constraints crossed. Relative to Atlantic's originally proposed route, the Juniper Farms Route Variation initially heads southwest for approximately 1.2 miles, passing east of the eastern boundary of the mitigation bank. The route variation then reconnects with the originally proposed route at MP 98.4 on the north side of the Neuse River crossing.

    Fayetteville Major Route Modification (Cumberland County, North Carolina)

    In response to our environmental information request dated December 4, 2015, and to increase collocation with an existing Progress Energy Carolinas (PEC) 500 kilovolt electric transmission line, and reduce the number of affected property owners, the number of waterbody crossings, and temporary wetland impacts, Atlantic incorporated the Fayetteville Major Route Alternative into its proposed pipeline route between AP-2 MPs 133.1 and 157.5. Relative to Atlantic's originally proposed route, the Fayetteville Major Route Alternative initially heads south/southeast for approximately 3.9 miles to the point where it intersects the existing PEC electric transmission line, crossing Drum Road, Interstate 95, and Goldsboro Road. The route then heads south for approximately 16.7 miles, parallel to and adjacent to the electric transmission line corridor, and crosses Clinton Road and Cedar Creek Road. The route continues west for approximately 5.5 miles, crossing Tabor Church Road, Cape Fear River, and North Carolina State Highway 87 reconnecting with the originally proposed route near MP 157.5.

    The EIS Process

    NEPA requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us to discover and address concerns the public may have about proposals. This process is referred to as scoping. The main goal of the scoping process is to focus the analysis in the EIS on the important environmental issues. By this notice, the Commission requests public comments on the scope of the issues to address in the EIS. We will consider all filed comments during the preparation of the EIS.

    In the EIS we will discuss impacts that could occur as a result of the construction and operation of the proposed projects under these general headings:

    ☐ Geology and soils; ☐ land use; ☐ water resources, fisheries, and wetlands; ☐ cultural resources; ☐ vegetation and wildlife; ☐ air quality and noise; ☐ endangered and threatened species; ☐ outdoor recreation and scenery ☐ socioeconomics; and ☐ public safety.

    We will also evaluate reasonable alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas.

    The EIS will present our independent analysis of the issues. We will publish and distribute the draft EIS for public comment. After the comment period, we will consider all timely comments and revise the document, as necessary, before issuing a final EIS. To ensure we have the opportunity to consider and address your comments, please carefully follow the instructions in the Public Participation section beginning on page 9.

    The U.S. Army Corps of Engineers (USACE) and USFS also have responsibilities under NEPA and can adopt the EIS for their own agencies purposes. The USFS intends to use this EIS to evaluate the effects of the ACP on lands and facilities managed by the agency and to address any proposed amendments of applicable LRMPs that would be necessary to make provisions for the projects.

    With this Supplemental Notice, we are asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues related to these projects to formally cooperate with us in the preparation of the EIS.2 Agencies that would like to request cooperating agency status should follow the instructions for filing comments provided under the Public Participation section of this notice. As discussed above, the USFS has expressed its intention to participate as a cooperating agency in the preparation of the EIS to satisfy its NEPA responsibilities related to these projects. In addition to the USFS, the USACE, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service Great Dismal Swamp National Wildlife Refuge, West Virginia Department of Environmental Protection, and West Virginia Division of Natural Resources have also agreed to participate as cooperating agencies.

    2 The Council on Environmental Quality regulations addressing cooperating agency responsibilities are at Title 40, Code of Federal Regulations, Part 1501.6.

    Proposed Actions of the U.S. Forest Service

    On November 12, 2015 Atlantic submitted a right-of-way grant application to the USFS to construct, operate, maintain, and eventually decommission a natural gas pipeline that crosses lands and facilities administered by the USFS. In addition, there is a need for the USFS to consider amending affected LRMPs to make provision for the ACP right-of-way.

    The proposed action before the USFS has two components. First, in accordance with the Minerals Leasing Act, the USFS would issue a right-of-way grant in response to ACP's application for the project to occupy federal lands. The USFS may submit specific stipulations, including mitigation measures, for inclusion in the right-of-way grant related to lands, facilities, and easements within its jurisdiction. Second, the USFS may need to amend its LRMPs for the Monongahela and George Washington National Forests if analysis shows that construction of the ACP would not be consistent with the LRMP standards or other plan components. In addition, the ACP, as proposed, does not follow a designated utility corridor through the GWNF. If the proposed route were authorized with the right-of-way grant, the GWNF LRMP would need to be amended to change the current Management Areas in the corridor to Management Area 5C-Designated Utility Corridors. The MNF does not have LRMP direction that would require a similar plan amendment to reallocate management prescriptions.

    The USFS Regional Foresters of the respective national forests have authority to grant a right-of-way in response to Atlantic's application for natural gas transmission on federal lands under the Mineral Leasing Act of 1920. The Responsible Official for amendment of Forest Service LRMPs is the Forest Supervisor of the applicable national forest. However, the Regional Forester of the applicable national forest may elect to be the Responsible Official for the plan amendments as well, since the Regional Forester will be the Responsible Official for the right-of-way grant.

    This NOI initiates the scoping process for the potential LRMP amendments and for the issuance of the right-of-way grant. The decisions will be tiered to the analysis contained in the FERC EIS for the ACP. The Notice of Availability for the FERC draft EIS will contain more detailed information associated with the LRMP amendments.

    Consultations Under Section 106 of the National Historic Preservation Act

    In accordance with the Advisory Council on Historic Preservation's implementing regulations for Section 106 of the National Historic Preservation Act, we are using this notice to initiate consultation with the applicable State Historic Preservation Offices, and to solicit their views and those of other government agencies, interested Indian tribes, and the public on the projects' potential effects on historic properties.3 We will define the project-specific Area of Potential Effects (APE) in consultation with the SHPOs as the projects develop. On natural gas facility projects, the APE at a minimum encompasses all areas subject to ground disturbance (examples include construction right-of-way, contractor/pipe storage yards, compressor stations, and access roads). Our EIS for these projects will document our findings on the impacts on historic properties and summarize the status of consultations under Section 106.

    3 The Advisory Council on Historic Preservation regulations are at Title 36, Code of Federal Regulations, part 800. Those regulations define historic properties as any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places.

    Public Participation

    You can make a difference by providing us with your specific comments or concerns about the ACP and proposed USFS LRMP amendments. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. The more specific your comments, the more useful they will be. To ensure that your comments are timely and properly recorded, please send your comments so that the Commission receives them in Washington DC on or before June 2, 2016. If you have previously provided comments on the ACP or Supply Header Projects, you do not need to resubmit them.

    The USFS is participating as a cooperating agency with the FERC in this public scoping process. With this notice, the USFS is requesting public comments on the issuance of the ROW Grant that would allow the ACP to occupy federal land. The USFS is also requesting public comments on the potential amendments of USFS LRMPs to make provision for the ACP right-of-way on the Monongahela and George Washington National Forests.

    Comments on actions by the USFS should be submitted through the FERC comment process and within the timeline described. The submission of timely and specific comments can affect a reviewer's ability to participate in subsequent administrative or judicial review of USFS decisions. Comments concerning USFS actions submitted anonymously will be accepted and considered; however, such anonymous submittals will not provide the commenters with standing to participate in administrative or judicial review of USFS decisions.

    For your convenience, there are three methods you can use to submit your comments to the Commission. In all instances, please reference the appropriate project docket number (CP15-554-000 for the ACP) with your submission. The Commission will provide equal consideration to all comments received, whether filed in written form or provided verbally. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected] Please carefully follow these instructions so that your comments are properly recorded.

    (1) You can file your comments electronically using the eComment feature located on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. This is an easy method for interested persons to submit brief, text-only comments on a project;

    (2) You can file your comments electronically using the eFiling feature located on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You must select the type of filing you are making. If you are filing a comment on a particular project, please select “Comment on a Filing;” or

    (3) You can file a paper copy of your comments by mailing them to the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

    Environmental Mailing List

    The environmental mailing list includes federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American Tribes; other interested parties; and local libraries and newspapers. This list also includes all affected landowners (as defined in the Commission's regulations) who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within certain distances of aboveground facilities, as well as anyone who submits comments on the projects. We will update the environmental mailing list as the analysis proceeds to ensure that we send the information related to this environmental review to all individuals, organizations, and government entities interested in and/or potentially affected by the planned projects.

    Copies of the completed draft EIS will be sent to the environmental mailing list for public review and comment. If you would prefer to receive a paper copy of the document instead of the CD version or would like to remove your name from the mailing list, please return the attached Information Request (appendix 2).

    Becoming an Intervenor

    In addition to involvement in the EIS scoping process, you may want to become an “intervenor” which is an official party to the Commission's proceeding. Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in the proceeding by filing a request to intervene. Instructions for becoming an intervenor are in the User's Guide under the “e-filing” link on the Commission's Web site.

    Administrative Review of USFS Decisions

    Decisions by the USFS to issue ROW Grants and amend LRMPs are subject to administrative review. Pre-decisional objections to the ROW Grant decisions and project-specific MNF and GWNF LRMP amendments that are applicable only to the ACP, as provided under Title 36 of the Code of Federal Regulations Part 219.59(b) (36 CFR 219.59[b]), may be filed under the 36 CFR 218 regulations, Subparts A and B. For objection eligibility (218.5), only those who have submitted timely, specific written comments during any designated opportunity for public comment may file an objection. Issues to be raised in objections must be based on previously submitted specific written comments regarding the proposed project and attributed to the objector, unless the issue is based on new information that arose after a designated opportunity for comment (218.8(c)). The GWNF plan amendment for the reallocation of management areas to Management Area 5C-Designated Utility Corridors would be subject to the pre-decisional objection process under the regulations at 36 CFR 219, Subpart B. For objection eligibility (219.53), only those who have submitted substantive formal comments related to a plan amendment during the opportunities for public comment during the planning process for that decision may file an objection. Objections must be based on previously submitted substantive formal comments attributed to the objector unless the objection concerns an issue that arose after the opportunities for formal comment.

    Additional Information

    Additional information about the ACP is available from the Commission's Office of External Affairs, at (866) 208-FERC or on the FERC Web site (www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on “General Search,” and enter the docket number, excluding the last three digits (i.e., CP15-554). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/esubscribenow.htm.

    Finally, public meetings or site visits will be posted on the Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: May 3, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-10784 Filed 5-6-16; 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: RP16-873-000.

    Applicants: Elba Express Company, L.L.C.

    Description: § 4(d) Rate Filing: Fuel Tracker Filing—2016 to be effective 6/1/2016.

    Filed Date: 4/26/16.

    Accession Number: 20160426-5081.

    Comments Due: 5 p.m. ET 5/9/16.

    Docket Numbers: RP16-874-000.

    Applicants: Questar Overthrust Pipeline Company.

    Description: § 4(d) Rate Filing:—14.7—Imbalances on Inactive Contracts Version 1.0.0 to be effective 5/26/2016.

    Filed Date: 4/26/16.

    Accession Number: 20160426-5115.

    Comments Due: 5 p.m. ET 5/9/16.

    Docket Numbers: RP16-875-000.

    Applicants: Cameron Interstate Pipeline, LLC.

    Description: Annual Report of Interruptible Transportation Revenue Sharing of Cameron Interstate Pipeline, LLC under RP16-875.

    Filed Date: 4/26/16.

    Accession Number: 20160426-5138.

    Comments Due: 5 p.m. ET 5/9/16.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: April 27, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-10768 Filed 5-6-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL16-63-000] Indicated RTO Transmission Owners; Notice of Petiton for Declaratory Order

    Take notice that on April 26, 2016, pursuant to Rule 207(a)(2) of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.207(a)(2) (2015), the Indicated RTO Transmission Owners (RTO) 1 filed a petition for declaratory order finding that RTO may use single-issue ratemaking in future filings under section 205 of the Federal Power Act to modify existing Commission jurisdictional rates, all as more fully explained in the petition.

    1 American Electric Power Service Corporation, on behalf of its affiliates Appalachian Power Company, Indiana Michigan Power Company, Kentucky Power Company, Kingsport Power Company, Ohio Power Company, Wheeling Power Company, AEP Appalachian Transmission Company, AEP Indiana Michigan Transmission Company, AEP Kentucky Transmission Company, AEP Ohio Transmission Company, AEP West Virginia Transmission Company, Public Service Company of Oklahoma, Southwestern Electric Power Company, AEP Oklahoma Transmission Company, Inc., AEP Southwestern Transmission Company, Inc., Transource Missouri, LLC, Transource Kansas, LLC, Transource Wisconsin, LLC, Transource West Virginia, LLC; Kansas City Power & Light Company and KCP&L Greater Missouri Operations Company; Oklahoma Gas & Electric Company; Westar Energy, Inc., Prairie Wind Transmission, LLC, and Kanstar Transmission.

    Any person desiring to intervene or to protest in this proceeding must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on May 26, 2016.

    Dated: May 2, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-10769 Filed 5-6-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL16-59-000] MidAmerican Energy Company; Notice of Institution of Section 206 Proceeding and Refund Effective Date

    On May 2, 2016, the Commission issued an order in Docket No. EL16-59-000, 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 MidAmerican Energy Company's proposed rate reduction. MidAmerican Energy Company, 155 FERC ¶ 61, 122 (2016).

    The refund effective date in Docket No. EL16-59-000, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the Federal Register.

    Dated: May 3, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-10785 Filed 5-6-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY ADMINISTRATION Western Area Power Administration Record of Decision for the San Luis Transmission Project (DOE/EIS-0496) AGENCY:

    Western Area Power Administration, DOE.

    ACTION:

    Record of decision and statement of floodplain findings.

    SUMMARY:

    The Western Area Power Administration (Western), a power marketing administration within the U.S. Department of Energy (DOE), and the San Luis & Delta-Mendota Water Authority (Authority), a California joint powers agency, have prepared a joint Environmental Impact Statement (EIS)/Environmental Impact Report (EIR) for the San Luis Transmission Project (SLTP or Proposed Project). Western is the Federal lead agency under the National Environmental Policy Act (NEPA), and the Authority is the state lead agency under the California Environmental Quality Act (CEQA). The Bureau of Reclamation (Reclamation) is a NEPA Cooperating Agency. The California Department of Water Resources (DWR) is a CEQA Responsible Agency. Western proposes to construct, own, operate, and maintain approximately 95 miles of new transmission lines within easements ranging from 125 to 250 feet wide through Alameda, San Joaquin, Stanislaus, and Merced Counties along the foothills of the western San Joaquin Valley. Western also would upgrade or expand its existing substations, make the necessary arrangements to upgrade or expand existing Pacific Gas & Electric Company (PG&E) substations, or construct new substations to accommodate the interconnections of these new transmission lines. The Notice of Availability (NOA) of the Final EIS/EIR was published in the Federal Register on March 25, 2016 (81 FR 16175). After considering the environmental impacts, Western has decided to construct, operate, and maintain the transmission line and other project components within the corridors identified as the Agency Preferred Alternative in the Final EIS/EIR.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Donald Lash, NEPA Document Manager, Western Area Power Administration, Sierra Nevada Region, 114 Parkshore Drive, Folsom, CA 95630-4710; telephone (916) 353-4048. Hard copies of the EIS/EIR are available from Mr. Lash upon request. For general information on DOE's NEPA review process, please contact Ms. Carol M. Borgstrom, Director, Office of NEPA Policy and Compliance, GC-20, U.S. Department of Energy, Washington, DC 20585; telephone (202) 586-4600 or (800) 472-2756.

    For information related to Reclamation's participation, contact Mr. Russell Grimes, Chief, Environmental Compliance and Conservation, Bureau of Reclamation, Mid-Pacific Region, 2800 Cottage Way, Sacramento, CA 95818, telephone (916) 978-5051, email at [email protected] For information related to the Authority's participation and the CEQA process, contact Ms. Frances Mizuno, General Manager, San Luis & Delta-Mendota Water Authority, 15990 Kelso Road, Byron, CA 94514, telephone (209) 832-6200.

    SUPPLEMENTARY INFORMATION:

    Western delivers Federal electric power (mostly hydroelectric power) to Federal preference customers defined to include municipalities, rural electric cooperatives, public utilities, irrigation districts, Federal and state agencies, and Native American tribes. Western also is responsible for making the necessary arrangements to deliver federal power to Federally authorized projects.

    Reclamation is the largest wholesaler of water in the country, supplying more than 31 million people, and providing one out of five western farmers with irrigation water for 10 million acres of farmland. Reclamation is also the second largest producer of hydroelectric power in the western United States with 53 power plants that provide more than 40 billion kilowatt hours annually and generate nearly a billion dollars in power revenues. Reclamation's mission is to assist in meeting the increasing water demands of the West while protecting the environment and the public's investment in these structures. Reclamation emphasizes fulfilling its water delivery obligations, water conservation, water recycling, and reuse goals; developing partnerships with customers, states, and Native American tribes; and finding ways to address the competing needs for limited water resources.

    The Authority is a California joint powers agency, comprised of water agencies representing approximately 28 Federal and exchange water service contractors within the western San Joaquin Valley, San Benito and Santa Clara counties. One of the primary purposes of establishing the Authority was to assume the operation and maintenance responsibilities of certain Reclamation facilities located in the Central Valley, and to do so at an optimum level and at a lower cost than Reclamation. The Authority also has the mission of pursuing additional reliable water supply for its member districts and delivering the water with a reliable system in a cost efficient manner.

    Reclamation entered into a contract with PG&E in 1965 for power transmission and distribution service between Western's Tracy Substation and Reclamation's San Luis Unit (SLU) facilities. The existing transmission contract with PG&E expired in March 2016, and PG&E has stated it will not be renewed. Without the contract or a federal transmission line to serve the primary SLU facilities, the Federal Government will have to take transmission service under the California Independent System Operator Tariff. This would substantially increase Reclamation's transmission costs, which are paid by its water service contractors, including members of the Authority. Reclamation submitted a transmission service request to Western to consider various transmission service arrangements, including the construction of new Federal transmission lines for Reclamation's continued delivery of federal water after the PG&E contract expires. To meet its purpose and need Western must respond to Reclamation's request for transmission service consistent with Western's Open Access Transmission Tariff and existing laws. In October 2013, Duke American Transmission Company (DATC) submitted a transmission service request to Western for transmission service within the same corridor as requested by Reclamation. Western evaluated both requests jointly in order to determine if it can satisfy Reclamation's need and DATC's request with a single project.

    The Notice of Intent (NOI) to prepare an EIS/EIR was published in the Federal Register on November 22, 2013 (78 FR 70035). Formal public scoping for the EIS/EIR began with the publication of the NOI and ended on January 21, 2014. Two public scoping meetings were held on January 8 and 9, 2014. Western distributed notices to 75 local agencies, 8 state agencies, 6 Federal agencies, 21 organizations, and 39 elected officials. Western also sent postcards announcing the public scoping meetings and comment period to all property owners within or adjacent to the Proposed Project or alternative routes, and published advertisements on the meetings and comment period in five local newspapers. The NOA for the Draft EIS/EIR was published in the Federal Register on July 17, 2015 (80 FR 42491). The NOA established a 45-day public comment period that ended August 31, 2015. Two public meetings on the Draft EIS/EIR were held in Tracy, California, on August 10, 2015 and Los Banos, California, on August 11, 2015. Notice of the meeting was provided through an advertisement in the local newspaper and direct mailing to approximately 475 addressees. Four individuals provided oral comments during the public meetings. Western received 26 comment letters and emails on the Draft EIS/EIR during the comment period, and Western considered all comments received in developing the Final EIS/EIR. The NOA for the Final EIS/EIR was published in the Federal Register on March 25, 2016 (81 FR 16175). Approximately 500 notifications were sent to landowners in the Project area and other agencies and stakeholders, and notices were published in online and printed versions of the local newspaper on March 25, 2016. Copies of the Final EIS/EIR were available for review at two local reading rooms and were available for download from Western SNR's Web site and the project Web site. A copy of the EIS/EIR was sent to those who requested one.

    Proposed Action

    The SLTP would consist of: (1) A new 500-kilovolt (kV) transmission line about 65 miles in length between the new Tracy East and Los Banos West Substations; (2) a new 230-kV transmission line about 3 miles in length between the new Los Banos West Substation and Western's existing San Luis Substation; (3) a new 230-kV transmission line about 20 miles in length between Western's existing San Luis Substation and Western's existing Dos Amigos Substation or a new 230-kV transmission line about 18 miles in length between the new Los Banos West Substation and Western's existing Dos Amigos Substation; (4) an interconnection with the existing Western 500-kV Los Banos-Gates No. 3 transmission line just south of PG&E's existing Los Banos Substation into the new Los Banos West Substation; and (5) a new 70-kV transmission line about 7 miles in length between the existing San Luis and O'Neill Substations.

    Additional components of the SLTP would include new 230-kV line terminal bays at Western's San Luis and Dos Amigos Substations, as well as a new 230/70-kV transformer bank and interconnection facilities at the San Luis Substation. The SLTP also would include ancillary facilities, such as communication facilities, improvements to existing access roads, new permanent access roads, and temporary access roads to facilitate construction activities. Western would acquire the necessary easements and fee land for the Proposed Project.

    Western implements Environmental Protection Measures (EPMs) and Construction Standards to reduce environmental consequences associated with its construction and maintenance activities. The Final EIS analysis of environmental consequences considered the EPMs listed in Table 2-5 and the Construction Standards presented in Appendix F to the Final EIS as integral components of the Proposed Action. These EPMs and Construction Standards would be implemented as part of the Proposed Project.

    Description of Alternatives

    Western analyzed six corridor alternatives and the No Action/No Project alternative in the EIS/EIR. An additional seven alternatives were considered in a screening process and eliminated from further review based on feasibility considerations. Western divided the Proposed Project, at common points of the corridors, into four segments (North, Central, San Luis, South) and examined available alternatives. Alternative corridors are presented by segment in Table 1, with the Agency Preferred Alternative shown in highlight:

    EN09MY16.295

    The No Action/No Project Alternative is the Environmentally Preferred Alternative because it would avoid any adverse direct, indirect, or cumulative environmental impacts. However, the No Action/No Project Alternative would not achieve the purpose and need or basic project objectives. Therefore, an environmentally preferred action alternative was identified among the other (i.e., action) alternatives. The Environmentally Preferred Action Alternative is comprised of:

    North Segment—Proposed Route; Central Segment—Patterson Pass Road Alternative; San Luis Segment (500-kV)—Proposed Route; San Luis Segment (70-kV)—Proposed Route; and South Segment—San Luis to Dos Amigos Alternative.

    After analysis of public comments and further internal review of the EIS/EIR, Western has determined its Agency Preferred Alternative is the same as the Environmentally Preferred Action Alternative in the Northern and San Luis (500-kV and 70-kV) segments. In the Central Segment, the Proposed Route is the Agency Preferred Alternative. Although it would be closer to residences and have slight increases in the associated visual and temporary noise impacts, it would have less of an impact on biological resources. In particular, it would impact fewer special-status plant species. Additionally, it would require fewer crossings of the existing high voltage transmission lines, which would increase reliability by providing more space between circuits. In the South Segment, the Billy Wright Road Alternative is the Agency Preferred Alternative. Although it would have greater recreation impacts by crossing the Path of the Padres Trail and slightly greater soil disturbance due to its longer length, it would avoid conflicts with the Wright Solar Park, which is now fully permitted and expected to begin construction in 2016.

    The Agency Preferred Alternative is comprised of:

    North Segment—Proposed Route; Central Segment—Proposed Route; San Luis Segment (500-kV)—Proposed Route; San Luis Segment (70-kV)—Proposed Route; and South Segment—Billy Wright Road Alternative. Mitigation Measures

    All methods identified in Final EIS Table 6.1 to avoid, minimize, and mitigate environmental impacts from the selected alternative are adopted in this Record of Decision. Western's standard practices and project-specific protection measures, listed in the Final EIS/EIR, will be implemented as part of the Proposed Action, as will all terms and conditions of any required permits or consultation agreements.

    Floodplain Statement of Findings

    In accordance with 10 CFR part 1022, Western considered the potential impacts of the Project on floodplains and wetlands. The Project could affect floodplains through ground disturbance associated with construction and operations and maintenance activities, including operation of heavy equipment, grading, and vegetation clearing for access roads, site leveling, auguring of transmission tower foundations, and other infrastructure excavations. The Project will place new structures outside of floodplains where possible. In areas where floodplains cannot be avoided, Western will engineer transmission towers to withstand a 100-year flood. Additionally, new structures will be located and designed so as not to impede flood flows. All construction within a designated 100-year floodplain will be undertaken in consultation with the U.S. Army Corps of Engineers. No floodwater will be blocked, nor will floodwater be diverted outside of an existing floodplain. If avoidance is infeasible, transmission towers will be located and engineered so as not to block or substantially alter the natural drainage pattern. In accordance with Western's Environmental Protection Measures and Construction Standard 13, culverts or bridges will be installed where needed to avoid surface water impacts during construction of transmission line structures.

    Decision

    Western's decision is to construct the project along the Agency Preferred Alternative described in the Final EIS/EIR. The measures identified in Final EIS Table 6.1 are adopted as part of this decision. The selection of the Agency Preferred Alternative, the adopted measures from Final EIS Table 6.1, and all terms and conditions of required permits and consultation agreements satisfies Western's statutory mission while minimizing harm to the environment. This decision is based on the information in the Final EIS/EIR. The EIS including this Record of Decision was prepared according to the requirements of NEPA (42 U.S.C. 4321, et seq.), the Council on Environmental Quality's regulations for implementing NEPA (40 CFR parts 1500-1508) and DOE's procedures for implementing NEPA (10 CFR part 1021).

    Dated: April 29, 2016. Mark A. Gabriel, Administrator.
    [FR Doc. 2016-10802 Filed 5-6-16; 8:45 am] BILLING CODE 6450-01-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9941-97-OEI] Agency Information Collection Activities OMB Responses AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    This document announces the Office of Management and Budget (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et. Seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

    FOR FURTHER INFORMATION CONTACT:

    Courtney Kerwin (202) 566-1669, or email at [email protected] and please refer to the appropriate EPA Information Collection Request (ICR) Number.

    SUPPLEMENTARY INFORMATION: OMB Responses to Agency Clearance Requests OMB Approvals

    EPA ICR Number 1362.10; NESHAP for Coke Oven Batteries (Renewal); 40 CFR part 63, subparts A and L; was approved without change on 1/27/2016; OMB Number 2060-0253; expires on 1/31/2019.

    EPA ICR Number 2491.02; Agricultural Worker Protection Standard Training, Notification and Recordkeeping (Final Rule); 40 CFR part 170; was approved without change on 1/21/2016; OMB Number 2070-0190; expires on 1/31/2019.

    EPA ICR Number 1360.15; Revision of Information Collection Request for Underground Storage Tanks: Technical and Financial Requirements, and State Program Approval Procedures (Final Rule); 40 CFR parts 280 and 281; was approved without change on 1/14/2016; OMB Number 2050-0068; expires on 1/31/2019.

    EPA ICR Number 1656.15; Risk Management Program Requirements and Petitions to Modify the List of Regulated Substances under Section 112(r) of the Clean Air Act (Renewal); 40 CFR part 68; was approved without change on 1/14/2016; OMB Number 2050-0144; expires on 1/31/2019.

    EPA ICR Number 1867.06; Voluntary Aluminium Industrial Partnership (VAIP) (Renewal); was approved without change on 1/14/2016; OMB Number 2060-0411; expires on 1/31/2019.

    EPA ICR Number 1821.08; NESHAP for Steel Pickling, HCI Process Facilities and Hydrochloric Acid Regeneration Plants (Renewal); 40 CFR part 63, subparts A and CCC; was approved without change on 1/12/2016; OMB Number 2060-0419; expires on 1/31/2019.

    EPA ICR Number 2468.02; NPDES Electronic Reporting (Final Rule); 40 CFR parts 122, 123, 127, 403, 501, and 503; was approved without change on 1/11/2016; OMB Number 2020-0035; expires on 1/31/2019.

    EPA ICR Number 2507.01; Lead Training, Certification, Accreditation and Authorization Activities (New); 40 CFR part 745; was approved with change on 1/8/2016; OMB Number 2070-0195; expires on 1/31/2019.

    EPA ICR Number 0107.11; Air Stationary Source Compliance and Enforcement Information Reporting (Renewal); 40 CFR parts 51, 52, 60, 61, and 63; was approved without change on 1/5/2016; OMB Number 2060-0096; expires on 1/31/2019.

    EPA ICR Number 2203.05; Amendments to the Protocol Gas Verification Program, and Minimum Competency Requirements for Air Emission (Renewal); 40 CFR parts 72 and 75; was approved without change on 1/5/2016; OMB Number 2060-0626; expires on 1/31/2019.

    EPA ICR Number 1783.08; NESHAP for Flexible Polyurethane Foam Product (Final Rule); 40 CFR part 63, subparts A and III; was approved with change on 1/4/2016; OMB Number 2060-0357; expires on 1/31/2019.

    EPA ICR Number 2475.02; Labeling Change for Certain Minimum Risk Pesticides under FIFRA Section 25(b) (New); 40 CFR part 152; was approved with change on 2/22/2016; OMB Number 2070-0187; expires on 2/28/2019.

    EPA ICR Number 1426.11; EPA Worker Protection Standards for Hazardous Waste Operations and Emergency Response (Renewal); 40 CFR part 311; was approved without change on 2/3/2016; OMB Number 2050-0105; expires on 2/28/2019.

    Comment Filed

    EPA ICR Number 2493.02; Categorical Non-Waste Determination for Selected Non Hazardous Secondary Materials (NHSM): Construction and Demolition Wood, Paper Recycling Residuals, and Creosote-Treated Railroad Ties (Additions to List of Section 241.4 Categorical Non-Waste Fuels) (Proposed Rule); 40 CFR parts 63 and 241; OMB filed comment on 1/20/2016.

    Courtney Kerwin, Acting Director, Collections Strategies Division.
    [FR Doc. 2016-10755 Filed 5-6-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2016-0188; FRL-9945-83] Sulfoxaflor; Receipt of Application for Emergency Exemption, Solicitation of Public Comment AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has received a specific exemption request from the Idaho State Department of Agriculture to use the pesticide sulfoxaflor (CAS No. 946578-00-3) to treat up to 12,000 acres of alfalfa grown for seed to control lygus bugs. The applicants propose a use of a pesticide, sulfoxaflor, which is now considered to be unregistered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) owing to the vacature of sulfoxaflor registrations by the United States District court for the Central District of California. In accordance with 40 CFR 166.24(a)(7), EPA is soliciting public comment before making the decision whether or not to grant the exemption.

    DATES:

    Comments must be received on or before May 24, 2016.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2016-0188, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.
    FOR FURTHER INFORMATION CONTACT:

    Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

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

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticide discussed in this document, compared to the general population.

    II. What action is the agency taking?

    Under section 18 of the FIFRA (7 U.S.C. 136p), at the discretion of the EPA Administrator, a Federal or State agency may be exempted from any provision of FIFRA if the EPA Administrator determines that emergency conditions exist which require the exemption. The Idaho State Department of Agriculture has requested the EPA Administrator to issue a specific, exemption for the use of sulfoxaflor on alfalfa grown for seed to control lygus bugs. Information in accordance with 40 CFR part 166 was submitted as part of this request.

    The Applicant proposes to make no more than two applications per year of Transform WG, 0.047 to 0.086 pounds of active ingredient per application. 12,000 total acres of alfalfa grown for seed are requested to be treated. Ground applications must be made in a minimum of 15 gallons of water per acre. The use season is May 30, 2016 through August 31, 2016. The chemical is requested to be used in the State of Idaho within the counties of Ada, Canyon, Cassia, Franklin, Jerome, Oneida, Owyhee, Payette, and Twin Falls.

    This notice does not constitute a decision by EPA on the application itself. The regulations governing FIFRA section 18 require publication of a notice of receipt of an application for a specific exemption proposing a use of a pesticide that has been subject to a judicial vacature, however, EPA considers public notice appropriate in this instance. Accordingly, the notice provides an opportunity for public comment on the application.

    The Agency, will review and consider all comments received during the comment period in determining whether to issue the specific exemption requested by the Idaho State Department of Agriculture.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: April 28, 2016. Daniel J. Rosenblatt, Acting Director, Registration Division, Office of Pesticide Programs.
    [FR Doc. 2016-10845 Filed 5-6-16; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0799] Information Collection Being Reviewed by the Federal Communications Commission AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written PRA comments should be submitted on or before July 8, 2016. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Cathy Williams, FCC, via email [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Cathy Williams at (202) 418-2918.

    SUPPLEMENTARY INFORMATION:

    OMB Control No.: 3060-0799.

    Title: FCC Ownership Disclosure Information for the Wireless Telecommunications Services.

    Form No.: FCC Form 602.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit; Not-for-profit institutions; and State, Local or Tribal government.

    Number of Respondents and Responses: 4,115 respondents and 4,115 responses.

    Estimated Time per Response: .5 hours-1.5 hours.

    Frequency of Response: On occasion reporting requirement.

    Obligation To Respond: Required to obtain or retain benefits. The statutory authority for this collection of this information is contained in Sections 154(i), 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended. The statutory authority for this collection of this information is contained in Sections 154(i), 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended.

    Total Annual Burden: 5,217 hours.

    Total Annual Cost: $762,300.

    Privacy Act Impact Assessment: No impact(s).

    Nature and Extent of Confidentiality: In general there is no need for confidentiality. On a case by case basis, the Commission may be required to withhold from disclosure certain information about the location, character, or ownership of a historic property, including traditional religious sites.

    Needs and Uses: The FCC Form 602 is necessary to obtain the identity of the filer and to elicit information required by Section 1.2112 of the Commission's rules regarding: (1) Persons or entities holding a 10 percent or greater direct or indirect ownership interest or any general partners in a general partnership holding a direct or indirect ownership interest in the applicant (“Disclosable Interest Holders”); and (2) All FCC-regulated entities in which the filer or any of its Disclosable Interest Holders owns a 10 percent or greater interest. The data collected on the FCC Form 602 includes the FCC Registration Number (FRN), which serves as a “common link” for all filings an entity has with the FCC. The Debt Collection Improvement Act of 1996 requires that entities filing with the Commission use an FRN. The FCC Form 602 was designed for, and must be filed electronically by, all licensees that hold licenses in auctionable services.

    The FCC Form 602 is comprised of the Main Form containing information regarding the filer and the Schedule A is used to collect ownership data pertaining to the Disclosable Interest Holder(s). Each Disclosable Interest Holder will have a separate Schedule A. Thus, a filer will submit its FCC Form 602 with multiple copies of Schedule A, as necessary, to list each Disclosable Interest Holder and associated information.

    Federal Communications Commission. Gloria J. Miles, Federal Register Liaison Officer. Office of the Secretary.
    [FR Doc. 2016-10817 Filed 5-6-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice to All Interested Parties of the Termination of the Receivership of 10490 Bank of Jackson County, Graceville, Florida

    Notice is hereby given that the Federal Deposit Insurance Corporation (“FDIC”) as Receiver for Bank of Jackson County, Graceville, Florida (“the Receiver”) intends to terminate its receivership for said institution. The FDIC was appointed receiver of Bank of Jackson County on October 30, 2013. The liquidation of the receivership assets has been completed. To the extent permitted by available funds and in accordance with law, the Receiver will be making a final dividend payment to proven creditors.

    Based upon the foregoing, the Receiver has determined that the continued existence of the receivership will serve no useful purpose. Consequently, notice is given that the receivership shall be terminated, to be effective no sooner than thirty days after the date of this Notice. If any person wishes to comment concerning the termination of the receivership, such comment must be made in writing and sent within thirty days of the date of this Notice to: Federal Deposit Insurance Corporation, Division of Resolutions and Receiverships, Attention: Receivership Oversight Department 34.6, 1601 Bryan Street, Dallas, TX 75201.

    No comments concerning the termination of this receivership will be considered which are not sent within this time frame.

    Dated: May 3, 2016. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2016-10748 Filed 5-6-16; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Update to Notice of Financial Institutions for Which the Federal Deposit Insurance Corporation Has Been Appointed Either Receiver, Liquidator, or Manager AGENCY:

    Federal Deposit Insurance Corporation.

    ACTION:

    Update Listing of Financial Institutions in Liquidation.

    SUMMARY:

    Notice is hereby given that the Federal Deposit Insurance Corporation (Corporation) has been appointed the sole receiver for the following financial institutions effective as of the Date Closed as indicated in the listing. This list (as updated from time to time in the Federal Register) may be relied upon as “of record” notice that the Corporation has been appointed receiver for purposes of the statement of policy published in the July 2, 1992 issue of the Federal Register (57 FR 29491). For further information concerning the identification of any institutions which have been placed in liquidation, please visit the Corporation Web site at www.fdic.gov/bank/individual/failed/banklist.html or contact the Manager of Receivership Oversight in the appropriate service center.

    Dated: May 3, 2016. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. Institutions in Liquidation [In alphabetical order] FDIC Ref. No. Bank name City State Date closed 10519 Trust Company Bank Memphis TN 4/29/2016
    [FR Doc. 2016-10749 Filed 5-6-16; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than May 24, 2016.

    A. Federal Reserve Bank of Minneapolis (Jacquelyn K. Brunmeier, Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:

    1. First Interstate BancSystem, Inc., Billings, Montana; to acquire 100 percent of the voting shares of Flathead Bank of Bigfork, Bigfork, Montana.

    Board of Governors of the Federal Reserve System, May 4, 2016. Margaret McCloskey Shanks, Deputy Secretary of the Board.
    [FR Doc. 2016-10828 Filed 5-6-16; 8:45 am] BILLING CODE 6210-01-P
    GOVERNMENT ACCOUNTABILITY OFFICE Change in Medicaid and CHIP Payment and Access Commission Terms AGENCY:

    Government Accountability Office (GAO).

    ACTION:

    Notice on terms of appointments.

    SUMMARY:

    In accordance with the Children's Health Insurance Program Reauthorization Act of 2009, the Comptroller General appoints the 17 members of the Medicaid and CHIP Payment and Access Commission (MACPAC). This notice announces the extension of all current members for an additional 4 months.

    DATES:

    Effective Date: May 9, 2016.

    ADDRESSES:

    The Government Accountability Office is at 441 G St. NW., Washington, DC 20548. The Medicaid and CHIP Payment and Access Commission is at 1800 M St. NW., Suite 650 South, Washington, DC 20036.

    FOR FURTHER INFORMATION CONTACT:

    Government Accountability Office: Mary Giffin, (202) 512-3710. Medicaid and CHIP Payment and Access Commission: Anne L. Schwartz, Executive Director, (202) 350-2000.

    SUPPLEMENTARY INFORMATION:

    The Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA) established MACPAC to report to Congress on Medicaid and CHIP access and payment policies and make recommendations to Congress, the Secretary of Health and Human Services, and the states concerning access to Medicaid and CHIP covered services. CHIPRA gave the Comptroller General of the United States responsibility for appointing MACPAC's 17 members. Appointments are for 3 years, except for members appointed to fill vacancies and for initial members, for which staggered terms were required.

    Pursuant to that authority, all initial appointments were effective January 1, 2010, but were staggered so that 5 ended in December 2010, 6 ended in December 2011, and 6 ended in December 2012. The Comptroller General has continued to make appointments effective in January of each year since the initial appointments.

    In consultation with the Commission, the Comptroller General has concluded that members' terms should be changed to more closely match the Commission's business cycle. The current January 1 to December 31 terms are out of step with that cycle; the Commission carries out significant planning activities in the summer and finalizes its two reports in late January and April of each year. Terms that begin May 1 and end April 30 would coincide more closely with the Commission's work schedule and thus make Commission operations more efficient and effective.

    To better align the terms of service with Commission operations, the terms of all current members are hereby extended for 4 months. The following members' terms will expire on April 30, 2017: Sharon Carte, Andrea Cohen, Herman Gray, Norma Martinez Rogers, and Sara Rosenbaum. The following members' terms will expire on April 30, 2018: Gustavo Cruz, Leanna George, Marsha Gold, Charles Milligan, Sheldon Retchin, and Peter Szilagyi. The following members' terms will expire on April 30, 2019: Brian Burwell, Toby Douglas, Christopher Gorton, Stacey Lampkin, Penny Thompson, and Alan Weil.

    Subsequent appointments will be for 3 years.

    Gene L. Dodaro, Comptroller General of the United States.
    [FR Doc. 2016-10535 Filed 5-6-16; 8:45 am] BILLING CODE 1610-02-M
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-9097-N] Medicare and Medicaid Programs; Quarterly Listing of Program Issuances—January Through March 2016 AGENCY:

    Centers for Medicare & Medicaid Services (CMS), HHS.

    ACTION:

    Notice.

    SUMMARY:

    This quarterly notice lists CMS manual instructions, substantive and interpretive regulations, and other Federal Register notices that were published from January through March 2016, relating to the Medicare and Medicaid programs and other programs administered by CMS.

    FOR FURTHER INFORMATION CONTACT:

    It is possible that an interested party may need specific information and not be able to determine from the listed information whether the issuance or regulation would fulfill that need. Consequently, we are providing contact persons to answer general questions concerning each of the addenda published in this notice.

    Addenda Contact Phone number I CMS Manual Instructions Ismael Torres (410) 786-1864 II Regulation Documents Published in the Federal Register Terri Plumb (410) 786-4481 III CMS Rulings Tiffany Lafferty (410) 786-7548 IV Medicare National Coverage Determinations Wanda Belle (410) 786-7491 V FDA-Approved Category B IDEs John Manlove (410) 786-6877 VI Collections of Information Mitch Bryman (410) 786-5258 VII Medicare-Approved Carotid Stent Facilities Sarah Fulton (410) 786-2749 VIII American College of Cardiology-National Cardiovascular Data Registry Sites Sarah Fulton (410) 786-2749 IX Medicare's Active Coverage-Related Guidance Documents JoAnna Baldwin (410) 786-7205 X One-time Notices Regarding National Coverage Provisions JoAnna Baldwin (410) 786-7205 XI National Oncologic Positron Emission Tomography Registry Sites Stuart Caplan, RN, MAS (410) 786-8564 XII Medicare-Approved Ventricular Assist Device (Destination Therapy) Facilities Linda Gousis (410) 786-8616 XIII Medicare-Approved Lung Volume Reduction Surgery Facilities Sarah Fulton (410) 786-2749 XIV Medicare-Approved Bariatric Surgery Facilities Sarah Fulton, MHS (410) 786-2749 XV Fluorodeoxyglucose Positron Emission Tomography for Dementia Trials Stuart Caplan, RN, MAS (410) 786-8564 All Other Information Annette Brewer (410) 786-6580 I. Background

    The Centers for Medicare & Medicaid Services (CMS) is responsible for administering the Medicare and Medicaid programs and coordination and oversight of private health insurance. Administration and oversight of these programs involves the following: (1) Furnishing information to Medicare and Medicaid beneficiaries, health care providers, and the public; and (2) maintaining effective communications with CMS regional offices, state governments, state Medicaid agencies, state survey agencies, various providers of health care, all Medicare contractors that process claims and pay bills, National Association of Insurance Commissioners (NAIC), health insurers, and other stakeholders. To implement the various statutes on which the programs are based, we issue regulations under the authority granted to the Secretary of the Department of Health and Human Services under sections 1102, 1871, 1902, and related provisions of the Social Security Act (the Act) and Public Health Service Act. We also issue various manuals, memoranda, and statements necessary to administer and oversee the programs efficiently.

    Section 1871(c) of the Act requires that we publish a list of all Medicare manual instructions, interpretive rules, statements of policy, and guidelines of general applicability not issued as regulations at least every 3 months in the Federal Register.

    II. Format for the Quarterly Issuance Notices

    This quarterly notice provides only the specific updates that have occurred in the 3-month period along with a hyperlink to the full listing that is available on the CMS Web site or the appropriate data registries that are used as our resources. This is the most current up-to-date information and will be available earlier than we publish our quarterly notice. We believe the Web site list provides more timely access for beneficiaries, providers, and suppliers. We also believe the Web site offers a more convenient tool for the public to find the full list of qualified providers for these specific services and offers more flexibility and “real time” accessibility. In addition, many of the Web sites have listservs; that is, the public can subscribe and receive immediate notification of any updates to the Web site. These listservs avoid the need to check the Web site, as notification of updates is automatic and sent to the subscriber as they occur. If assessing a Web site proves to be difficult, the contact person listed can provide information.

    III. How To Use the Notice

    This notice is organized into 15 addenda so that a reader may access the subjects published during the quarter covered by the notice to determine whether any are of particular interest. We expect this notice to be used in concert with previously published notices. Those unfamiliar with a description of our Medicare manuals should view the manuals at http://www.cms.gov/manuals.

    Dated: April 29, 2016. Kathleen Cantwell, Director, Office of Strategic Operations and Regulatory Affairs. Publication Dates for the Previous Four Quarterly Notices

    We publish this notice at the end of each quarter reflecting information released by CMS during the previous quarter. The publication dates of the previous four Quarterly Listing of Program Issuances notices are: April 24, 2015 (80 FR 23013) August 3, 2015 (80 FR 45980) November 13, 2015 (80 FR 70218) and February 4, 2016 (81 FR 6009). For the purposes of this quarterly notice, we are providing only the specific updates that have occurred in the 3-month period along with a hyperlink to the Web site to access this information and a contact person for questions or additional information.

    Addendum I: Medicare and Medicaid Manual Instructions (January Through March 2016)

    The CMS Manual System is used by CMS program components, partners, providers, contractors, Medicare Advantage organizations, and State Survey Agencies to administer CMS programs. It offers day-to-day operating instructions, policies, and procedures based on statutes and regulations, guidelines, models, and directives. In 2003, we transformed the CMS Program Manuals into a web user-friendly presentation and renamed it the CMS Online Manual System.

    How To Obtain Manuals

    The Internet-only Manuals (IOMs) are a replica of the Agency's official record copy. Paper-based manuals are CMS manuals that were officially released in hardcopy. The majority of these manuals were transferred into the Internet-only manual (IOM) or retired. Pub 15-1, Pub 15-2 and Pub 45 are exceptions to this rule and are still active paper-based manuals. The remaining paper-based manuals are for reference purposes only. If you notice policy contained in the paper-based manuals that was not transferred to the IOM, send a message via the CMS Feedback tool.

    Those wishing to subscribe to old versions of CMS manuals should contact the National Technical Information Service, Department of Commerce, 5301 Shawnee Road, Alexandria, VA 22312 Telephone (703-605-6050). You can download copies of the listed material free of charge at: http://cms.gov/manuals.

    How To Review Transmittals or Program Memoranda

    Those wishing to review transmittals and program memoranda can access this information at a local Federal Depository Library (FDL). Under the FDL program, government publications are sent to approximately 1,400 designated libraries throughout the United States. Some FDLs may have arrangements to transfer material to a local library not designated as an FDL. Contact any library to locate the nearest FDL. This information is available at http://www.thefederalregister.org/libraries/

    In addition, individuals may contact regional depository libraries that receive and retain at least one copy of most federal government publications, either in printed or microfilm form, for use by the general public. These libraries provide reference services and interlibrary loans; however, they are not sales outlets. Individuals may obtain information about the location of the nearest regional depository library from any library. CMS publication and transmittal numbers are shown in the listing entitled Medicare and Medicaid Manual Instructions. To help FDLs locate the materials, use the CMS publication and transmittal numbers. For example, to find the manual for Quarterly Update for the Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) Competitive Bidding Program (CBP)—January 2016 (CMS-Pub. 100-04) Transmittal No. 3377.

    Addendum I lists a unique CMS transmittal number for each instruction in our manuals or program memoranda and its subject number. A transmittal may consist of a single or multiple instruction(s). Often, it is necessary to use information in a transmittal in conjunction with information currently in the manual. For the purposes of this quarterly notice, we list only the specific updates to the list of manual instructions that have occurred in the 3-month period. This information is available on our Web site at www.cms.gov/Manuals.

    Transmittal No. Manual/subject/publication No. Medicare General Information (CMS-Pub. 100-01) 97 Internet Only Manual (IOM) Publication 100-01-General Information, Eligibility, and Entitlement, Chapter 7—Contract Administrative Requirements, Section 40-Shared System Maintainer Responsibilities for Systems Releases. Standardized Terminology for Claims Processing Systems. Standard Terminology Chart. Release Software. Implementing Validated Workarounds for Shared System Claims Processing by All Medicare DME MACs. Shared System Testing Requirements for Shared System Maintainers, Single Testing Contractor (STC)/Beta Testers, and Part A/Part B (A/B) Durable Medical Equipment (DME) Medicare Administrative Contractors (MACs). Shared System Testing Requirements for Shared System Maintainers, Single Testing Contractor (STC), and DME MACs. Minimum Testing Standards for Shared System Maintainers and the Single Testing Contractor (STC)/Beta Testers. Testing Standards Applicable to all Beta Testers. Part A/Part B (A/B) Durable Medical Equipment (DME) Medicare Administrative Contractor (MAC) (User) Testing Requirements 7/40.3.6/Testing Requirements Applicable to all CWF Data Centers (Hosts). Timeframe Requirements for all Testing Entities. Testing Documentation Requirements. Definitions. Test Case Specification Standard. Next Generation Desktop (NGD) Requirements. Shared System Maintainer and Part A/Part B (A/B)/Durable Medical Equipment (DME) Medicare Administrative Contractor (MAC) and the Single Testing Contractor (STC) Responsibilities for Systems Releases. Medicare Benefit Policy (CMS-Pub. 100-02) 218 Calendar Year (CY) 2016 Eligibility Changes to the End-Stage Renal Disease (ESRD) Prospective Payment System (PPS) Low-Volume Payment Adjustment (LVPA). ESRD PPS Case-Mix Adjustments. 219 Calendar Year (CY) 2016 Eligibility Changes to the End-Stage Renal Disease (ESRD) Prospective Payment System (PPS) Low-Volume Payment Adjustment ESRD PPS Case-Mix Adjustments (LVPA). 220 Rural Health Clinic and Federally Qualified Health Center—Medicare Benefit Policy Manual Update. 221 Telehealth Services. Medicare National Coverage Determination (CMS-Pub. 100-03) 189 Screening for Cervical Cancer With Human Papillomavirus (HPV) Testing-National Coverage Determination (NCD). 190 Screening for the Human Immunodeficiency Virus (HIV) Infection. Medicare Claims Processing (CMS-Pub. 100-04) 3436 National Coverage Determination (NCD) for Screening for Colorectal Cancer Using CologuardTM—A Multitarget Stool DNA Test. 3437 January 2016 Integrated Outpatient Code Editor (I/OCE) Specifications Version 17.0. 3438 Emergency Update to the CY 2016 Medicare Physician Fee Schedule Database (MPFSDB). 3439 Healthcare Common Procedure Coding System (HCPCS) Codes Subject to and Excluded from Clinical Laboratory Improvement Amendments (CLIA) Edits. 3440 New Waived Tests. 3441 Update to Pub. 100-04, Chapter 02 Admission and Registration Requirements, for Provider Verification of Beneficiary Eligibility and Entitlement. Purpose of Chapter. Definition of Provider and Supplier. General Admission and Registration Rules. Changes to HICNs. Contractor Procedures for Obtaining Missing or Incorrect Claim Numbers. Prohibition Against Waiver of Health Insurance Benefits as a Condition of Admission. Hospital and Skilled Nursing Facility (SNF) Verification of Prior Hospital Stay. Information for Determining Deductible and Benefit Period Status. A/B MAC (A) or (HHH) Requests to Verify Patient's HICN. B MAC (A) or (HHH) Learns Beneficiary is an HMO Enrollee. Retroactive Entitlement. 2/30/Provider/Supplier Obtaining/Verifying the HICN and Entitlement Status. 2/30.1/Cross-Reference of HICN. Health Insurance (HI) Card. Temporary Eligibility Notice. Reserved. Part A Inquiry (HIQA) Screen Display. Part A Inquiry Reply (HUQAR) Data. Health Insurance Query for Home Health Agencies (HIQH). Reserved. Reserved. Reserved. Reserved. Reserved. Reserved. Reserved. Reserved. Reserved. Reserved. Reserved. Reserved. Reserved. Reserved. Reserved. Reserved. Reserved. HMO-Related Master File Corrections. Provider Problems Obtaining Entitlement Information. Reserved. Reserved. Reserved. SSO Assistance in Resolving Entitlement Status Problems. Reserved. Reserved. Reserved. Reserved. Reserved. 3442 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction. 3443 Manual Update to Pub. 100-04, Chapter 20, to Include Used Rental Equipment. 3444 Payment for Purchased Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Furnished to Medicare Beneficiaries Residing Outside the U.S.—Expatriate Beneficiaries. 3445 Off-Cycle Update to the Long Term Care Hospital (LTCH) Prospective Payment System (PPS) Fiscal Year (FY) 2016 Pricer Budget Neutrality Offset. 3446 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction. 3447 New Physician Specialty Code for Dentist Physician Specialty Codes. 3448 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction. 3449 Off-Cycle Update to the Inpatient Prospective Payment System (IPPS) Fiscal Year (FY) 2016 Pricer. 3450 April 2016 Quarterly Average Sales Price (ASP) Medicare Part B Drug Pricing Files and Revisions to Prior Quarterly Pricing Files. 3451 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction. 3452 Additional Fields Added to the Outlier Reconciliation Lump Sum Utility Procedure for Medicare Contractors to Perform and Record Outlier Reconciliation Adjustments. 3453 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction. 3454 Correction to Applying Therapy Caps to Maryland Hospitals and Billing Requirement for Rehabilitation Agencies and Comprehensive Outpatient Rehabilitation Facilities (CORFs). Payments on the MPFS for Providers With Multiple Service Locations. Part B Outpatient Rehabilitation and Comprehensive Outpatient Rehabilitation Facility (CORF) Services—General. 3455 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction. 3456 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction. 3457 New Condition Code for Reporting Home Health Episodes With No Skilled Visits. 3458 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction. 3459 Issued to a specific audience, not posted to Internet/Intranet due to Sensitivity of Instruction. 3460 Screening for Cervical Cancer With Human Papillomavirus (HPV). Testing—National Coverage Determination (NCD). Screening for Cervical Cancer with Human Palillomavirus Testing. Screening Pap Smears: Healthcare Common Procedure Coding. System (HCPCS) Codes for Billing. Screening Pap Smears: Diagnoses Codes. TOB and Revenue Codes for Form CMS-1450. MSN Messages. Remittance Advice Codes. 3461 Screening for the Human Immunodeficiency Virus (HIV) Infection. Healthcare Common Procedure Coding System (HCPCS) for HIV Screening Tests. Billing Requirements. Payment Method. Types of Bill (TOBs) and Revenue Code. Diagnosis Code Reporting. Medicare Summary Notice (MSN) and Claim Adjustment Reason Codes (CARCs). 3462 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction. 3463 Issued to a specific audience, not posted to Internet/Intranet due to Sensitivity of Instruction. 3464 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction. 3465 Issued to a specific audience, not posted to Internet/Intranet due to Sensitivity of Instruction. 3466 Common Edits and Enhancements Modules (CEM) Code Set Update. 3467 Healthcare Provider Taxonomy Codes (HPTCs) April 2016 Code Set Update. 3468 Medicare Internet Only Manual (IOM) Publication 100-04 Chapter 27 Contractor Instructions for CWF. 3469 Quarterly Update to the Medicare Physician Fee Schedule Database (MPFSDB)—April CY 2016 Update. 3470 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction. 3471 April 2016 Update of the Hospital Outpatient Prospective Payment System (OPPS). 3472 Billing Instructions for IMRT Planning Billing for Multi-Source Photon (Cobalt 60-Based) Stereotactic Radiosurgery (SRS) Planning and Delivery. 3473 July Quarterly Update to 2016 Annual Update of HCPCS Codes Used for Skilled Nursing Facility (SNF) Consolidated Billing (CB) Enforcement. 3474 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction. 3475 Updates to Pub. 100-04, Chapters 4 and 5 to Correct Remittance Updates to Pub. 100-04, Chapters 4 and 5 to Correct Remittance. Advice Messages. Remittance Advice Coding Used in this Manual. Editing Of Hospital Part B Inpatient Services: Reasonable and Necessary Part A Hospital Inpatient Denials. Editing Of Hospital Part B Inpatient Services: Other Circumstances in Which Payment Cannot Be Made under Part A. Assistant at Surgery Medicare Summary Notice (MSN) and Remittance Advice (RA) Messages. Co-surgeon Services Medicare Summary Notice (MSN) and Remittance Advice (RA) Messages. Codes. Claims Processing Requirements for Financial Limitations/Multiple Procedure Payment Reductions for Outpatient Rehabilitation Services. Coding Guidance for Certain CPT Codes—All Claim Advice Messages. 3476 Telehealth Services. List of Medicare Telehealth Services. Payment for ESRD-Related Services as a Telehealth Service. Payment for Subsequent Hospital Care Services and Subsequent Nursing Facility Care Services as Telehealth Services. Payment for Diabetes Self-Management Training (DSMT) as a Telehealth Service. Originating Site Facility Fee Payment Methodology. Payment Methodology for Physician/Practitioner at the Distant Site. Submission of Telehealth Claims for Distant Site Practitioners. 3477 April 2016 Integrated Outpatient Code Editor (I/OCE) Specifications Version 17.1. 3478 April 2016 Update of the Ambulatory Surgical Center (ASC) Payment System. 3479 New Waived Test. 3480 Instructions for Downloading the Medicare ZIP Code File for July 2016. 3481 Updates to Pub. 100-04, Chapters 3, 6, 7 and 15 to Correct Remittance Advice Messages. Payment for Blood Clotting Factor Administered to Hemophilia. Inpatients. Pancreas Transplants Kidney Transplants. Pancreas Transplants Alone (PA). Intestinal and Multi-Visceral Transplants. Billing for Abortion Services. Remittance Advices. Remittance Advice Impact. Recording Determinations of Excepted/Nonexcepted Care on Claim Records. Reject and Unsolicited Response Edits. Edit for Clinical Social Workers (CSWs). Editing of Skilled Nursing Facilities Part B Inpatient Services. Additional Introductory Guidelines. ZIP Code Determines Fee Schedule Amounts. Coding Instructions for Paper and Electronic Claim Forms. 3482 Quarterly Update to the Correct Coding Initiative (CCI) Edits, Version 22.2, Effective July 1, 2016. 3483 April 2016 Integrated Outpatient Code Editor (I/OCE) Specifications Version 17.1. 3484 Medicare Internet Only Manual Publication 100-04 Chapter 26—Completing and Processing Form CMS-1500 Data Set. 3485 Changes to the Laboratory National Coverage Determination (NCD) Edit Software for July 2016. 3486 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction. 3487 Corrections to Recoding in the Home Health (HH) Pricer Program. 3488 Quarterly Update for the Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) Competitive Bidding Program (CBP)—July 2016. Medicare Secondary Payer (CMS-Pub. 100-05) 00 None. Medicare Financial Management (CMS-Pub. 100-06) 258 Notice of New Interest Rate for Medicare Overpayments and Underpayments 2nd Qtr Notification for FY 2016. 259 Internet Only Manual Pub. 100-06, Chapter 4 Revisions to Reflect the New Debt Referral Requirements Mandated by the Digital Accountability and Transparency Act of 2014 (DATA Act). Requirements for Collecting Part A and B Non-MSP Provider Overpayments. Required Timeframes for Debt Collection Process for Provider Non-MSP Overpayments. Referral Requirements. Debts RTA by Treasury as paid in Full (RP), Satisfied Payment Agreement (RS) or Satisfied Compromise (RC)—Exhibit 1 Intent to Refer Letter (IRL). 260 Revision to Chapter 3 Section 200: Limitation on Recoupment—Medicare Overpayments Manual. 261 Monitoring Accounts Receivable that are in a Redetermination or Reconsideration Status. 262 New Physician Specialty Code for Dentist Physician/Limited License Physician Specialty Codes. 263 Contractor Reporting of Operational and Workload Data (CROWD) Form 5. Update with Revisions to Pub. 100-06 Medicare Financial Management Manual, Chapter 6. 264 Extended Repayment Schedule (ERS) Manual Updates. Establishing an Extended Repayment Schedule (ERS)—(formerly known as an Extended Repayment Plan (ERP). ERS Required Documentation—Physician is a Sole Proprietor. ERS Required Documentation—Provider is an Entity Other Than a Sole Proprietor. 265 Contractor Reporting of Operational and Workload Data (CROWD) Form 5. Update with Revisions to Pub. 100-06 Medicare Financial Management Manual, Chapter 6. Medicare Contractor Transaction Report (CROWD Form 5). Heading. Body of Report. Medicare State Operations Manual (CMS-Pub. 100-07) 152 Revisions to the State Operations Manual (SOM) Chapter 2 Numbering System for CMS Certification Numbers (CCN). CCN for Medicare Providers. 153 Revisions to the State Operations Manual (SOM) Chapter 9 Exhibits. Medicare Program Integrity (CMS-Pub. 100-08) 635 Clarification to Language Regarding Proof of Delivery Requirements in Pub. 100-08, Chapter 4, Section 4.26.1. Proof of Delivery and Delivery Methods. 636 Update to Pub. 100-08, Chapter 15. Medicare Contractor Duties. Correspondence Address and E-mail Addresses. Tax Identification Numbers (TINs) of Owning and Managing. Organizations and Individuals. Form CMS-855A and Form CMS-855B Signatories. Delegated Officials. Technicians. Supervising Physicians. Processing Form CMS-855R Applications. Inter-Jurisdictional Reassignments. Form CMS-855 Applications That Require a Site Visit. Form CMS-855 Applications That Do Not Require a Site Visit. General Timeliness Principles. Receipt/Review of Internet-Based PECOS Applications. Verification of Data/Processing Alternatives. Special Program Integrity Procedures. Tie-In/Tie-Out Notices and Referrals to the State/RO. Ambulatory Surgical Centers (ASCs)/Portable X-ray Suppliers (PXRS). Tie-In/Tie-Out Notices and Referrals to the State/RO. Processing of Registration Applications. Disposition of Registration Applications. Revocation of Registration. Registration Letters. Returns. Denials. Non-Certified Suppliers and Individual Practitioners. Existing or Delinquent Overpayments. Contractor Communications. Application Fees. Movement of Providers and Suppliers into the High Level. Web Sites. Release of Information. Model Letter Guidance. Approval Letter Guidance. Appeals Process. Corrective Action Plans (CAPs). Reconsideration Requests—Non-Certified Providers/Suppliers. Corrective Action Plans (CAPs). Reconsideration Requests—Certified Providers and Certified Suppliers. HHA Ownership Chang. Revocations. Other Identified Revocations. External Reporting Requirements. Reserved for Future Use. 637 Comprehensive Error Rate Testing (CERT) program Treatment of Claims in the Prior Authorization Model. 638 Issued to a specific audience, not posted to Internet/Intranet to Confidentiality of Instruction. 639 Issued to a specific audience, not posted to Internet/Intranet to Confidentiality of Instruction. 640 Issued to a specific audience, not posted to Internet/Intranet to Confidentiality of Instruction. 641 Proof of Delivery in Nursing Facilities. 642 Medicare Program Integrity Changes—Pub. 100-08 Chapter 7. Medicare Contractor Beneficiary and Provider Communications (CMS-Pub. 100-09) None. Medicare Quality Improvement Organization (CMS-Pub. 100-10) None. Medicare End Stage Renal Disease Network Organizations (CMS Pub. 100-14) None. Medicaid Program Integrity Disease Network Organizations (CMS Pub. 100-15) None. Medicare Managed Care (CMS-Pub. 100-16) None. Medicare Business Partners Systems Security (CMS-Pub. 100-17) None. Demonstrations (CMS-Pub. 100-19) 133 Issued to a specific audience, not posted to Internet/Intranet to Confidentiality of Instruction. 134 Medicare Care Choices Model (MCCM)—Per Beneficiary per Month Payment (PBPM)—Implementation. 135 Affordable Care Act Bundled Payments for Care Improvement Initiative—Recurring File Updates Models 2 and 4 April 2016 Updates. 136 Issued to a specific audience, not posted to Internet/Intranet to Confidentiality of Instruction. 137 Implementation of the Part B Drug Payment Model (Phase 1). 138 Issued to a specific audience, not posted to Internet/Intranet to Confidentiality of Instruction. 139 Oncology Care Model (OCM) Monthly Enhanced Oncology Services (MEOS) Payment Implementation. 140 Comprehensive Care for Joint Replacement Model (CJR) Provider Education. 141 Medicare Care Choices Model (MCCM)—Per Beneficiary per Month Payment (PBPM)—Implementation. One Time Notification (CMS-Pub. 100-20) 1590 Implementation of Procedures for Undeliverable Medicare Summary Notices (uMSNs). 1591 Changes to the Medicare Electronic Health Record (EHR) Incentive Program Payment Adjustment beginning January 1, 2016. 1592 Award of Durable Medical Equipment (DME) Medicare Administrative Contractor (MAC) Contract for Jurisdiction D. 1593 Health Insurance Portability and Accountability Act (HIPAA) EDI Front End Updates for July 2016. 1594 Issued to a specific audience, not posted to Internet/Intranet due to Sensitivity of Instruction. 1595 Issuing Continuing Compliance Letters to Specific Providers and Suppliers. 1596 Required Billing Updates for Rural Health Clinics. 1597 System Specific Enhancement 2014: Create A Single Trailer-Generating Module in Common Working File (CWF). 1598 Shared System Enhancement 2015 Resolve Operating Report (ORPT) Issues, Analysis and Design. 1599 Issued to a specific audience, not posted to Internet/Intranet due to Sensitivity of Instruction. 1600 Award of Medicare Administrative Contractor (MAC) Contract for Jurisdiction 15. 1601 Payment Clarification for the Purchase of Used Inexpensive and Routinely Purchased Durable Medical Equipment (DME) when Previously Rented. 1602 Part B Detail Line Expansion—MCS Phase 4. 1603 Part B Detail Line Expansion—MCS Phase. 1604 Part B Detail Line Expansion—MCS Phase 1. 1605 Common Working File (CWF) Daily Beneficiary Extract Files Reaching Maximum Record Size, Analysis and Design for Possible Data Reorganization. 1606 Shared System Enhancement 2015 Edit Control/Override Table, Analysis and Design. 1607 Shared System Enhancement 2015 Improve Efficiency of Drug Code Provider, and Procedure and Diagnosis Codes Processing, Analysis and Design. 1608 Issued to a specific audience, not posted to Internet/Intranet due to Sensitivity of Instruction. 1609 Accredited Standards Committee (ASC) X12 Healthcare Claims Acknowledgement (277CA) Flat File Update. 1610 System Specific Enhancement 2014: Fiscal Intermediary Standard System (FISS) Edit/Rules Engine Analysis and Design. 1611 Issued to a specific audience, not posted to Internet/Intranet due to Sensitivity of Instruction. 1612 Issued to a specific audience, not posted to Internet/Intranet due to Sensitivity of Instruction. 1613 Issued to a specific audience, not posted to Internet/Intranet due to Sensitivity of Instruction. 1614 Issued to a specific audience, not posted to Internet/Intranet due to Sensitivity of Instruction. 1615 Advance Care Planning (ACP) Services furnished by Rural Health Clinics (RHCs). 1616 Updating the Fiscal Intermediary Shared System (FISS) to Make Payment for Drugs and Biologicals Services for Outpatient Prospective Payment System (OPPS) Providers. 1617 System Specific Enhancement 2014: String Testing Automation. 1618 System Specific Enhancement 2015: Replace FISS ACS/Development Letters with HP Exstream, Analysis Only. 1619 Revision to Fiscal Intermediary Shared System (FISS) Lab Travel Allowance Editing to Include New Specimen Collection Code G0471. 1620 Shared System Enhancement 2015: National Coverage Determination (NCD) Analysis Process. 1621 Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction. 1622 Shared System Enhancement 2015 Analysis and Design HUOPCUT Hospice Period and Health Maintenance Organization (HMO) Processing. 1623 Using scrubbed Medicare beneficiary/legal rep address data within the Fee-For-Service (FFS) systems—Analysis and Design. 1624 System Specific Enhancement 2015: Fiscal Intermediary Standard System (FISS) Enhanced Purge Process. 1625 Identifying “No Documentation” Medical Necessity Denials for Claims Flagged for Recovery Auditor Review. 1626 Reclassification of Certain Durable Medical Equipment HCPCS Codes Included in Competitive Bidding Programs (CBP) from the Inexpensive and Routinely Purchased Payment Category to the Capped Rental Payment Category. 1627 Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) Competitive Bidding Program (CBP): Implementation of Round 2 Recompete of the DMEPOS CBP Program and National Mail Order (NMO) Recompete. 1628 Identification of Obsolete Shared System Maintainer (SSM) On-Request Jobs—VMS. 1629 Identification of Obsolete Shared System Maintainer (SSM) Reports—VMS. 1630 Coding Revisions to National Coverage Determinations. 1631 Shared System Enhancement 2015 Edit Control/Override Table, Analysis and Design. 1632 Shared System Enhancement 2015 Resolve Operating Report (ORPT) Issues, Analysis and Design. 1633 Settlement Effectuation Instructions for the Department of Health and Human Services' (DHHS) Office of Medicare Hearings and Appeals (OMHA) Settlement Conference Facilitation (SCF) Pilot Related to Part A Appeals (Phase 3). 1634 Implementation of the Award for Jurisdiction A Durable Medical Equipment (DME) Medicare Administrative Contractor (MAC) Workload. 1635 VIPS Medicare System (VMS), Analysis and Design for Jurisdiction A (JA) and Jurisdiction B (JB) Durable Medical Equipment (DME) Medicare Administrative Contractors (MACs) Transitions. 1636 Implementation of the Award for Jurisdiction B Durable Medical Equipment (DME) Medicare Administrative Contractor (MAC) Workload. 1637 Required Billing Updates for Rural Health Clinics. 1638 Reclassification of Certain Durable Medical Equipment HCPCS Codes Included in Competitive Bidding Programs (CBP) from the Inexpensive and Routinely Purchased Payment Category to the Capped Rental Payment Category. 1639 Reporting Principal and Interest Amounts When Refunding Previously Recouped Money on the Remittance Advice (RA). 1640 End Stage Renal Disease (ESRD) Cost Audits. Medicare Quality Reporting Incentive Programs (CMS-Pub. 100-22) 53 Issued to a specific audience, not posted to Internet/Intranet due to a Confidentiality of Instruction. 54 Fiscal Year 2017 and After Payments to Inpatient Rehabilitation Facilities (IRFs) That Do Not Submit Required Quality Data—This CR Rescinds and Fully Replaces CR 9106. 55 Fiscal Year 2017 and After Payments to IRFs That Do Not Submit Required Quality Data. Information Security Acceptable Risk Safeguards (CMS-Pub. 100-25) None. Addendum II: Regulation Documents Published in the Federal Register (January through March 2016) Regulations and Notices

    Regulations and notices are published in the daily Federal Register. To purchase individual copies or subscribe to the Federal Register, contact GPO at www.thefederalregister.org/fdsys. When ordering individual copies, it is necessary to cite either the date of publication or the volume number and page number.

    The Federal Register is available as an online database through GPO Access. The online database is updated by 6 a.m. each day the Federal Register is published. The database includes both text and graphics from Volume 59, Number 1 (January 2, 1994) through the present date and can be accessed at http://www.gpoaccess.gov/fr/index.html. The following Web site http://www.archives.gov/federal-register/ provides information on how to access electronic editions, printed editions, and reference copies.

    This information is available on our Web site at: http://www.cms.gov/quarterlyproviderupdates/downloads/Regs-1Q16QPU.pdf

    For questions or additional information, contact Terri Plumb (410-786-4481).

    Addendum III: CMS Rulings (January through March 2016)

    CMS Rulings are decisions of the Administrator that serve as precedent final opinions and orders and statements of policy and interpretation. They provide clarification and interpretation of complex or ambiguous provisions of the law or regulations relating to Medicare, Medicaid, Utilization and Quality Control Peer Review, private health insurance, and related matters.

    The rulings can be accessed at http://www.cms.gov/Regulations-and-Guidance/Guidance/Rulings. For questions or additional information, contact Tiffany Lafferty (410-786-7548).

    Addendum IV: Medicare National Coverage Determinations (January through March 2016)

    Addendum IV includes completed national coverage determinations (NCDs), or reconsiderations of completed NCDs, from the quarter covered by this notice. Completed decisions are identified by the section of the NCD Manual (NCDM) in which the decision appears, the title, the date the publication was issued, and the effective date of the decision. An NCD is a determination by the Secretary for whether or not a particular item or service is covered nationally under the Medicare Program (title XVIII of the Act), but does not include a determination of the code, if any, that is assigned to a particular covered item or service, or payment determination for a particular covered item or service. The entries below include information concerning completed decisions, as well as sections on program and decision memoranda, which also announce decisions or, in some cases, explain why it was not appropriate to issue an NCD. Information on completed decisions as well as pending decisions has also been posted on the CMS Web site. For the purposes of this quarterly notice, we are providing only the specific updates that have occurred in the 3-month period. This information is available at: www.cms.gov/medicare-coverage-database/. For questions or additional information, contact Wanda Belle (410-786-7491).

    Title NCDM section Transmittal number Issue date Effective date Screening for the Human Immunodeficiency Virus (HIV) Infection NCD 210.7 R190 02/05/2016 04/13/2015 Screening for Cervical Cancer With Human Papillomavirus (HPV) Testing—National Coverage Determination (NCD) NCD 210.2.1 R189 02/02/2016 07/09/2015 Addendum V: FDA-Approved Category B Investigational Device Exemptions (IDEs) (January through March 2016)

    Addendum V includes listings of the FDA-approved investigational device exemption (IDE) numbers that the FDA assigns. The listings are organized according to the categories to which the devices are assigned (that is, Category A or Category B), and identified by the IDE number. For the purposes of this quarterly notice, we list only the specific updates to the Category B IDEs as of the ending date of the period covered by this notice and a contact person for questions or additional information. For questions or additional information, contact John Manlove (410-786-6877).

    Under the Food, Drug, and Cosmetic Act (21 U.S.C. 360c) devices fall into one of three classes. To assist CMS under this categorization process, the FDA assigns one of two categories to each FDA-approved investigational device exemption (IDE). Category A refers to experimental IDEs, and Category B refers to non-experimental IDEs. To obtain more information about the classes or categories, please refer to the notice published in the April 21, 1997 Federal Register (62 FR 19328).

    IDE Device Start date BB16806 MarrowStim P.A.D. Kit: Concentration of autologous bone marrow aspirate (cBMA) 01/22/2016 G130034 BIOFREEDOM Drug Coated Coronary Stent System 02/10/2016 G150002 Silhouette Instalift 01/08/2016 G150154 RA-308 Excimer Laser System and DABRA Catheter Model 101 01/08/2016 G150269 Sodium Hyaluronate (1%) Ophthalmic Viscoelastc Devices (OVD), Sodium Hyaluronate (2.3%) Ophthalmic Viscoelastic Devices (OVD) 01/06/2016 G150270 Embozene Microspheres 01/08/2016 G150273 Medtronic Activa PC+S Deep Brain Stimulation System 01/15/2016 G150275 Optune (Novocure's Tumor Treating Electric Fields [TTFIELDS] Therapy) 03/24/2016 G150278 SAPIEN 3 Transcatheter Heart Valve and Accessories 01/14/2016 G150282 Berlin Heart EXCOR Pediatric Ventricular Assist Device 01/28/2016 G160002 FlowTriever Retrieval/Aspiration System 02/03/2016 G160004 Embosphere Microspheres 02/04/2016 G160008 Investigational LabCorp MGMT Methylation-Specific PCR Companion DIagnostic Assay 02/10/2016 G160009 Medtronic PC+S Deep Brain Stimulation system 02/11/2016 G160011 CP950 Sound Processor (Kanso) 02/17/2016 G160015 JetStream (Boston Scientific) Atherectomy 02/19/2016 G160018 Deep brain stimulation (DBS) in patients with refractory chronic neuropathic pain 03/23/2016 G160019 CT-DBS for Traumatic Brain Injury using the Medtronic Activa PC+S System 02/26/2016 G160021 A Feasibility Study to Evaluate Safety and Initial Effectiveness of MR-Guided Focused Ultrasound Ablation Therapy in the Treatment of Subcortical Lesional Epilepsy 03/02/2016 G160022 CoreValve Evolut R System, Medtronic CoreValve System 02/17/2016 G160023 NeuroStar TMS Therapy System with the NeuroStar XPLOR Clinical Research System 03/04/2016 G160025 Medtronic DBS Lead Model 3387 03/04/2016 G160028 NeuroBlate System 03/09/2016 G160029 VENTANA HA CDx Assay 03/10/2016 G160033 Veterans Administration Lung Cancer Surgery or Stereotactic Radiotherapy (VALOR) 03/09/2016 G160035 Misago RX Self-expanding Peripheral Stent 03/17/2016 G160038 MYELOTEC VIDEO GUIDED CATHETER; MYELOTEC MYELOSCOPE 03/17/2016 G160039 Medtronic TAVR 2.0 System 03/16/2016 G160041 The Ulthera System; DS 4-4.5S, Simulines Transducer;DS 4-3.0S, Simulines Transducer; DS 4-4.5, Standard Transducer; DS 7-3.0, Standard Transducer 03/18/2016 G160042 LUMENATI SYSTEM 03/18/2016 G160043 Senza Spinal Cord Stimulation (SCS) System 03/23/2016 G160045 NeuroStar TMS Therapy System with the NeuroStar XPLOR Clinical Research System 03/24/2016 Addendum VI: Approval Numbers for Collections of Information (January through March 2016)

    All approval numbers are available to the public at Reginfo.gov. Under the review process, approved information collection requests are assigned OMB control numbers. A single control number may apply to several related information collections. This information is available at www.reginfo.gov/public/do/PRAMain. For questions or additional information, contact Mitch Bryman (410-786-5258).

    Addendum VII: Medicare-Approved Carotid Stent Facilities, (October through December 2015)

    Addendum VII includes listings of Medicare-approved carotid stent facilities. All facilities listed meet CMS standards for performing carotid artery stenting for high risk patients. On March 17, 2005, we issued our decision memorandum on carotid artery stenting. We determined that carotid artery stenting with embolic protection is reasonable and necessary only if performed in facilities that have been determined to be competent in performing the evaluation, procedure, and follow-up necessary to ensure optimal patient outcomes. We have created a list of minimum standards for facilities modeled in part on professional society statements on competency. All facilities must at least meet our standards in order to receive coverage for carotid artery stenting for high risk patients. For the purposes of this quarterly notice, we are providing only the specific updates that have occurred in the 3-month period. This information is available at: http://www.cms.gov/MedicareApprovedFacilitie/CASF/list.asp#TopOfPage For questions or additional information, contact Lori Ashby (410-786-6322).

    Facility Provider No. Effective date State The following facilities are new listings for this quarter Community Medical Center Barnabas Health, 99 Highway 37 West Toms River, NJ 08755 310041 01/07/2016 NJ. Las Palmas Medical Center, 1801 North Oregon, El Paso, TX 79902 1770536120 01/07/2016 TX. Sky Ridge Medical Center, 10101 Ridgegate Parkway, Lone Tree, CO 80124 060112 01/04/2016 CO. McLaren Port Huron, 1221 Pine Grove Port, Huron, MI 48061 1982685384 01/04/2016 MI. DMC Huron Valley—Sinai Hospital, 1 Williams Carls Drive, Commerce, MI 48382 1922310200 01/04/2016 MI. Valley Baptist Medical Center—Brownsville, PO Box 450028, 1040 West Jefferson, Brownsville, TX 78520 450028 03/09/2016 TX. Manchester Memorial Hospital, 71 Haynes Street, Manchester, CT 06040 1457399198 03/09/2016 CT. Grand Stand Medical Center, 809 82nd Parkway, Myrtle Beach, SC 29572 1083668669 03/23/2016 SC. Ben Taub Hospital, 1504 Taub Loop, Houston, TX 77030 450289 03/30/2016 TX. The following facilities have editorial changes (in bold) FROM: Saint Joseph Medical Center, TO: St. Joseph Medical Center, 2500 Bernville Road, Reading, PA 19605 390096 04/01/2005 PA. FROM: Helen Ellis Memorial Hospital, TO: Florida Hospital North Pinellas, 1395 South Pinellas Avenue, Tarpon Springs, FL 34689 100055 01/20/2009 FL. The following facility has been removed from the listing of approved facilities Rockingham Memorial Hospital, 235 Cantrell Avenue, Harrisonburg, VA 22801 490004 06/30/2010 VA. Addendum VIII: American College of Cardiology's National Cardiovascular Data Registry Sites (January through March 2016)

    Addendum VIII includes a list of the American College of Cardiology's National Cardiovascular Data Registry Sites. We cover implantable cardioverter defibrillators (ICDs) for certain clinical indications, as long as information about the procedures is reported to a central registry. Detailed descriptions of the covered indications are available in the NCD. In January 2005, CMS established the ICD Abstraction Tool through the Quality Network Exchange (QNet) as a temporary data collection mechanism. On October 27, 2005, CMS announced that the American College of Cardiology's National Cardiovascular Data Registry (ACC-NCDR) ICD Registry satisfies the data reporting requirements in the NCD. Hospitals needed to transition to the ACC-NCDR ICD Registry by April 2006.

    Effective January 27, 2005, to obtain reimbursement, Medicare NCD policy requires that providers implanting ICDs for primary prevention clinical indications (that is, patients without a history of cardiac arrest or spontaneous arrhythmia) report data on each primary prevention ICD procedure. Details of the clinical indications that are covered by Medicare and their respective data reporting requirements are available in the Medicare NCD Manual, which is on the CMS Web site at http://www.cms.hhs.gov/Manuals/IOM/itemdetail.asp?filterType=none&filterByDID=99&sortByDID=1&sortOrder=ascending&itemID=CMS014961

    A provider can use either of two mechanisms to satisfy the data reporting requirement. Patients may be enrolled either in an Investigational Device Exemption trial studying ICDs as identified by the FDA or in the ACC-NCDR ICD registry. Therefore, for a beneficiary to receive a Medicare-covered ICD implantation for primary prevention, the beneficiary must receive the scan in a facility that participates in the ACC-NCDR ICD registry. The entire list of facilities that participate in the ACC-NCDR ICD registry can be found at www.ncdr.com/webncdr/common

    For the purposes of this quarterly notice, we are providing only the specific updates that have occurred in the 3-month period. This information is available by accessing our Web site and clicking on the link for the American College of Cardiology's National Cardiovascular Data Registry at: www.ncdr.com/webncdr/common. For questions or additional information, contact Marie Casey, BSN, MPH (410-786-7861).

    Facility City State The following facilities are new listings for this quarter Saint Francis Hospital Columbus GA. CGH Medical Center Sterling IL. Longmont United Hospital Longmont CO. La Paz Regional Hospital Parker AZ. Carlsbad Medical Center Carlsbad NM. Pacific Surgery Center Costa Mesa CA. Memorial Care Outpatient Surgical Center of Long Beach Long Beach CA. Pearland Medical Center (HCA) Pearland TX. Alaska Native Medical Ctr Anchorage AK. Bronx-Lebannon Hospital Center Bronx NY. Kentuckiana Medical Center Clarksville IN. Wheaton Franciscan Healthcare—Franklin, Inc Milwaukee WI. Andalusia Regional Hospital Andalusia AL. Parkway Surgical & Cardiovascular Hospital Fort Worth TX. Bay Area Regional Medical Center Webster TX. Sanford Bemidji Medical Center Bemidji MN. Flushing Hospital Medical Center Flushing NY. Garden Park Medical Center Gulfport MS. Silicon Valley Interventional Surgery Center Houston TX. Surgery Center of Enid, Inc. Enid OK. UPMC East Monroeville PA. Straith Hospital For Special Surgery Southfield MI. Bay Area Hospital Coos Bay OR. Kaiser Permanente Irvine Medical Center Irvine CA. Cohen Children's Medical Center New Hyde Park NY. The following facilities are terminated St. Elizabeth Healthcare Florence Florence KY. Lakewood Hospital Lakewood OH. Mease Dunedin Hospital Dunedin FL. Baylor All Saints Medical Center Dallas TX. Regional Medical Center of Acadiana Lafayette LA. CHI Health St. Elizabeth Lincoln NE. Ochsner North Shore Covington Covington LA. Central Carolina (LifePoint) Sanford NC. Mohammed Bin Khalifa Cardiac Centre Riffa International. Rockdale Medical Center Conyers GA. Addendum IX: Active CMS Coverage-Related Guidance Documents (January through March 2016)

    CMS issued a guidance document on November 20, 2014 titled “Guidance for the Public, Industry, and CMS Staff: Coverage with Evidence Development Document”. Although CMS has several policy vehicles relating to evidence development activities including the investigational device exemption (IDE), the clinical trial policy, national coverage determinations and local coverage determinations, this guidance document is principally intended to help the public understand CMS's implementation of coverage with evidence development (CED) through the national coverage determination process. The document is available at http://www.cms.gov/medicare-coverage-database/details/medicare-coverage-document-details.aspx?MCDId=27. There are no additional Active CMS Coverage-Related Guidance Documents for the 3-month period. For questions or additional information, contact JoAnna Baldwin (410-786-7205).

    Addendum X: List of Special One-Time Notices Regarding National Coverage Provisions (January through March 2016)

    There were no special one-time notices regarding national coverage provisions published in the 3-month period. This information is available at www.cms.hhs.gov/coverage. For questions or additional information, contact JoAnna Baldwin (410-786 7205).

    Addendum XI: National Oncologic PET Registry (NOPR) (January through March 2016)

    Addendum XI includes a listing of National Oncologic Positron Emission Tomography Registry (NOPR) sites. We cover positron emission tomography (PET) scans for particular oncologic indications when they are performed in a facility that participates in the NOPR.

    In January 2005, we issued our decision memorandum on positron emission tomography (PET) scans, which stated that CMS would cover PET scans for particular oncologic indications, as long as they were performed in the context of a clinical study. We have since recognized the National Oncologic PET Registry as one of these clinical studies. Therefore, in order for a beneficiary to receive a Medicare-covered PET scan, the beneficiary must receive the scan in a facility that participates in the registry. There were no additions, deletions, or editorial changes to the listing of National Oncologic Positron Emission Tomography Registry (NOPR) in the 3-month period. This information is available at http://www.cms.gov/MedicareApprovedFacilitie/NOPR/list.asp#TopOfPage. For questions or additional information, contact Stuart Caplan, RN, MAS (410-786-8564).

    Addendum XII: Medicare-Approved Ventricular Assist Device (Destination Therapy) Facilities (January through March 2016)

    Addendum XII includes a listing of Medicare-approved facilities that receive coverage for ventricular assist devices (VADs) used as destination therapy. All facilities were required to meet our standards in order to receive coverage for VADs implanted as destination therapy. On October 1, 2003, we issued our decision memorandum on VADs for the clinical indication of destination therapy. We determined that VADs used as destination therapy are reasonable and necessary only if performed in facilities that have been determined to have the experience and infrastructure to ensure optimal patient outcomes. We established facility standards and an application process. All facilities were required to meet our standards in order to receive coverage for VADs implanted as destination therapy.

    For the purposes of this quarterly notice, there were no specific updates that have occurred to the list of Medicare-approved facilities that meet our standards in the 3-month period. This information is available at http://www.cms.gov/MedicareApprovedFacilitie/VAD/list.asp#TopOfPage. For questions or additional information, contact Marie Casey, BSN, MPH (410-786-7861).

    Addendum XIII: Lung Volume Reduction Surgery (LVRS) (January through March 2016)

    Addendum XIII includes a listing of Medicare-approved facilities that are eligible to receive coverage for lung volume reduction surgery. Until May 17, 2007, facilities that participated in the National Emphysema Treatment Trial were also eligible to receive coverage. The following three types of facilities are eligible for reimbursement for Lung Volume Reduction Surgery (LVRS):

    • National Emphysema Treatment Trial (NETT) approved (Beginning 05/07/2007, these will no longer automatically qualify and can qualify only with the other programs);

    • Credentialed by the Joint Commission (formerly, the Joint Commision on Accreditation of Healthcare Organizations (JCAHO)) under their Disease Specific Certification Program for LVRS; and

    • Medicare approved for lung transplants.

    Only the first two types are in the list. There were no updates to the listing of facilities for lung volume reduction surgery published in the 3-month period. This information is available at www.cms.gov/MedicareApprovedFacilitie/LVRS/list.asp#TopOfPage. For questions or additional information, contact Marie Casey, BSN, MPH (410-786-7861).

    Addendum XIV: Medicare-Approved Bariatric Surgery Facilities (January through March 2016)

    Addendum XIV includes a listing of Medicare-approved facilities that meet minimum standards for facilities modeled in part on professional society statements on competency. All facilities must meet our standards in order to receive coverage for bariatric surgery procedures. On February 21, 2006, we issued our decision memorandum on bariatric surgery procedures. We determined that bariatric surgical procedures are reasonable and necessary for Medicare beneficiaries who have a body-mass index (BMI) greater than or equal to 35, have at least one co-morbidity related to obesity and have been previously unsuccessful with medical treatment for obesity. This decision also stipulated that covered bariatric surgery procedures are reasonable and necessary only when performed at facilities that are: (1) certified by the American College of Surgeons (ACS) as a Level 1 Bariatric Surgery Center (program standards and requirements in effect on February 15, 2006); or (2) certified by the American Society for Bariatric Surgery (ASBS) as a Bariatric Surgery Center of Excellence (BSCOE) (program standards and requirements in effect on February 15, 2006).

    There were no additions, deletions, or editorial changes to Medicare-approved facilities that meet CMS's minimum facility standards for bariatric surgery that have been certified by ACS and/or ASMBS in the 3-month period. This information is available at www.cms.gov/MedicareApprovedFacilitie/BSF/list.asp#TopOfPage. For questions or additional information, contact Sarah Fulton, MPH (410-786-2749).

    Addendum XV: FDG-PET for Dementia and Neurodegenerative Diseases Clinical Trials (January through March 2016)

    There were no FDG-PET for Dementia and Neurodegenerative Diseases Clinical Trials published in the 3-month period.

    This information is available on our Web site at www.cms.gov/MedicareApprovedFacilitie/PETDT/list.asp#TopOfPage. For questions or additional information, contact Stuart Caplan, RN, MAS (410-786-8564).

    [FR Doc. 2016-10819 Filed 5-6-16; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-N-4602] Streamlining Regulations for Good Manufacturing Practices for Hearing Aids; Public Workshop; Extension of Comment Period AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notification; extension of comment period.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is extending the comment period for the document entitled “Streamlining Regulations for Good Manufacturing Practices for Hearing Aids; Public Workshop” that appeared in the Federal Register of January 7, 2016. In the document, FDA requested comments on the appropriate level of good manufacturing practices (GMPs) regulation to ensure the safety and effectiveness of air-conduction hearing aid devices. The Agency is taking this action in response to requests for an extension to allow interested persons additional time to submit comments.

    DATES:

    FDA is extending the comment period on the document published January 7, 2016 (81 FR 784). Submit either electronic or written comments by June 30, 2016.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

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

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

    Written/Paper Submissions

    Submit written/paper submissions as follows:

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

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

    Instructions: All submissions received must include the Docket No. FDA-2015-N-4602 for “Streamlining Regulations for Good Manufacturing Practices for Hearing Aids; Public Workshop; Request for Comments.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on http://www.regulations.gov. Submit both copies to the Division of Dockets Management. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Srinivas Nandkumar, Food and Drug Administration, Center for Devices and Radiological Health, Bldg. 66, Rm. 2436, 10903 New Hampshire Ave., Silver Spring, MD 20993, 301-796-6480, FAX: 301-847-8126, [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Federal Register of January 7, 2016 (81 FR 784), FDA published a document with a 30-day comment period to request comments on the appropriate level of GMPs regulation to ensure the safety and effectiveness of air-conduction hearing aid devices; the current regulations for air-conduction hearing aids that may hinder innovation, reduce competition, and lead to increased cost and reduced use of these devices by Americans with age-related hearing loss; and the potential exemption of hearing aids from the Quality System Regulation (QSReg,) through use of alternative standards developed in collaboration with key stakeholders and standards development organizations, and recognized by FDA and recordkeeping to ensure product quality. Comments on the “Streamlining Regulations for Good Manufacturing Practices for Hearing Aids” will inform the Agency on an alternative model for quality verification.

    The Agency has received requests for a 30-day extension of the comment period for the document. Each request conveyed concern that the current 30-day comment period does not allow sufficient time to develop a meaningful or thoughtful response to the document on “Streamlining Regulations for Good Manufacturing Practices for Hearing Aids.”

    FDA has considered the requests and is extending the comment period for the document on “Streamlining Regulations for Good Manufacturing Practices for Hearing Aids” for 30 days, until June 30, 2016. The Agency believes that a 30-day extension allows adequate time for interested persons to submit comments without significantly delaying regulation on these important issues.

    Dated: May 3, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-10798 Filed 5-6-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-N-0001] Advisory Committee; Anesthetic and Analgesic Drug Products Advisory Committee, Renewal AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice; renewal of advisory committee.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the renewal of the Anesthetic and Analgesic Drug Products Advisory Committee by the Commissioner of Food and Drugs (the Commissioner). The Commissioner has determined that it is in the public interest to renew the Anesthetic and Analgesic Drug Products Advisory Committee for an additional 2 years beyond the charter expiration date. The new charter will be in effect until May 1, 2018.

    DATES:

    Authority for the Anesthetic and Analgesic Drug Products Advisory Committee will expire on May 1, 2016, unless the Commissioner formally determines that renewal is in the public interest.

    FOR FURTHER INFORMATION CONTACT:

    Stephanie L. Begansky, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, (301) 796-9001, [email protected]

    SUPPLEMENTARY INFORMATION:

    Issued in 41 CFR 102-3.65 and approval by the Department of Health and Human Services issued in 45 CFR part 11 and by the General Services Administration, FDA is announcing the renewal of the Anesthetic and Analgesic Drug Products Advisory Committee. The committee is a discretionary Federal advisory committee established to provide advice to the Commissioner. The Anesthetic and Analgesic Drug Products Advisory Committee advises the Commissioner or designee in discharging responsibilities as they relate to helping to ensure safe and effective drugs for human use and, as required, any other product for which the Food and Drug Administration has regulatory responsibility. The Committee reviews and evaluates available data concerning the safety and effectiveness of marketed and investigational human drug products including analgesics, e.g., abuse-deterrent opioids, novel analgesics, and issues related to opioid abuse, and those for use in anesthesiology and makes appropriate recommendations to the Commissioner of Food and Drugs.

    The Committee shall consist of a core of 11 voting members including the Chair. Members and the Chair are selected by the Commissioner or designee from among authorities knowledgeable in the fields of anesthesiology, analgesics (such as: abuse deterrent opioids, novel analgesics, and issues related to opioid abuse) epidemiology or statistics, and related specialties. Members will be invited to serve for overlapping terms of up to four years. Almost all non-Federal members of this committee serve as Special Government Employees. The core of voting members may include one technically qualified member, selected by the Commissioner or designee, who is identified with consumer interests and is recommended by either a consortium of consumer-oriented organizations or other interested persons. In addition to the voting members, the Committee may include one non-voting member who is identified with industry interests.

    Further information regarding the most recent charter and other information can be found at http://www.fda.gov/AdvisoryCommittees/CommitteesMeetingMaterials/Drugs/AnestheticAndAnalgesicDrugProductsAdvisoryCommittee/ucm094127.htm or by contacting the Designated Federal Officer (see FOR FURTHER INFORMATION CONTACT). Since no change has been made to the committee name or description of duties, no amendment will be made to 21 CFR 14.100.

    This document is issued under the Federal Advisory Committee Act (5 U.S.C. app.). For general information related to FDA advisory committees, please visit us at http://www.fda.gov/AdvisoryCommittees/default.htm.

    Dated: May 3, 2016. Jill Hartzler Warner, Associate Commissioner for Special Medical Programs.
    [FR Doc. 2016-10766 Filed 5-6-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary [Document Identifier: OMB # 0990-0424-60D] Agency Information Collection Activities; Proposed Collection; Public Comment Request AGENCY:

    Office of the Assistant Secretary for Health, Office of Adolescent Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, announces plans to submit an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). Prior to submitting that ICR to OMB, OS seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.

    DATES:

    Comments on the ICR must be received on or before July 8, 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 OMB # 0990-0424-60D for reference.

    Information Collection Request Title: Positive Adolescent Futures (PAF) Study Abstract: The Office of Adolescent Health (OAH), U.S. Department of Health and Human Services (HHS) is requesting approval by OMB on a revised data collection. The Positive Adolescent Futures (PAF) Study will provide information about program design, implementation, and impacts through a rigorous assessment of program impacts and implementation of two programs designed to support expectant and parenting teens. These programs are located in Houston, Texas and throughout the state of California. This revised information collection request includes the 24-month follow-up survey instrument related to the impact study. The data collected from this instrument in the two study sites will provide a detailed understanding of program impacts about two years after youth are enrolled in the study and first have access to the programming offered by each site.

    Need and Proposed Use of the Information: The data will serve two main purposes. First, the data will be used to determine program effectiveness by comparing outcomes on repeat pregnancies, sexual risk behaviors, health and well-being, and parenting behaviors between treatment (program) and control youth. Second, the data will be used to understand whether the programs are more effective for some youth than others. The findings from these analyses of program impacts will be of interest to the general public, to policymakers, and to organizations interested in supporting expectant and parenting teens.

    Likely Respondents: The 24-month follow-up survey data will be collected through a web-based survey or through telephone interviews with study participants; i.e. adolescents randomly assigned to a program for expectant and parenting teens being tested for program effectiveness, or to a control group. The mode of survey administration will primarily be based on the preference of the study participants. The survey will be completed by 1,515 respondents across the two study sites. Clearance is requested for three years.

    Total Estimated Annualized Burden—Hours Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total burden hours
    24-month follow-up survey of impact study participants 505 1 30/60 252.5 Total 252.5

    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.

    Darius Taylor, Information Collection Clearance Officer.
    [FR Doc. 2016-10775 Filed 5-6-16; 8:45 am] BILLING CODE 4168-11-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; Seek, Test, Treat and Retain For Youth and Young Adults Living with or at High Risk for Acquiring HIV (R01).

    Date: May 17, 2016.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: The Residence Inn, Washington DC Downtown, 1199 Vermont Ave. NW., Washington, DC 20005.

    Contact Person: Nadine Rogers, Ph.D., Scientific Review Officer, Office of Extramural Policy and Review, National Institute on Drug Abuse, NIH, DHHS, 6001 Executive Blvd., Room 4229, MSC 9550, Bethesda, MD 20892-9550, 301-402-2105, [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; Identification of Genetic and Genomic Variants by Next-Gen Sequencing in Non-human Animal Models (U01).

    Date: June 17, 2016.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate cooperative agreement 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].

    (Catalogue of Federal Domestic Assistance Program Nos.: 93.279, Drug Abuse and Addiction Research Programs, National Institutes of Health, HHS)
    Dated: May 3, 2016. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-10779 Filed 5-6-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Government-Owned Inventions; Availability for Licensing AGENCY:

    National Institutes of Health.

    ACTION:

    Notice.

    SUMMARY:

    The invention listed below is owned by an agency of the U.S. Government and is available for licensing and/or co-development in the U.S. in accordance with 35 U.S.C. 209 and 37 CFR part 404 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing and/or co-development.

    ADDRESSES:

    Invention Development and Marketing Unit, Technology Transfer Center, National Cancer Institute, 9609 Medical Center Drive, Mail Stop 9702, Rockville, MD, 20850-9702.

    FOR FURTHER INFORMATION CONTACT:

    Information on licensing and co-development research collaborations, and copies of the U.S. patent applications listed below may be obtained by contacting: Attn. Invention Development and Marketing Unit, Technology Transfer Center, National Cancer Institute, 9609 Medical Center Drive, Mail Stop 9702, Rockville, MD, 20850-9702, Tel. 240-276-5515 or email [email protected]. A signed Confidential Disclosure Agreement may be required to receive copies of the patent applications.

    SUPPLEMENTARY INFORMATION:

    Technology description follows.

    Title of invention: Optical trap methods to determine the viscoelastic properties of complex materials, including biological materials

    Description of Technology: Optical traps (optical tweezers) have been used to characterize gels and other materials and recently have even shown the ability to characterize the viscoelastic properties of living cells. An optical trap includes a focused laser beam able to trap a small bead at its focus. However, issues of image spatial resolution and limited depth of interrogation have prevented application of an optical trap to measure microrheological (flow of matter) properties in complex (non-uniform) materials, such as multi-cellular systems or living organisms.

    Inventors at NIH have developed optical trapping procedures that provide significant improvements in spatial resolution and tissue depth. These improvements are particularly important for examining clinically relevant tissue samples. The viscoelastic measurements obtained using the disclosed systems and methods have a surprisingly high contrast-to-noise ratio compared to prior methods of obtaining viscoelastic measurements for complex materials. The increased contrast-to-noise ratio allows for more sensitive detection of changes in viscoelastic properties across materials than what was possible using prior methods. Thus, the disclosed systems and methods can be used to measure the properties of a wide variety of complex materials (such as biological materials), from 3D tissue culture models to tissue in or from living zebrafish to mammals, such as mice and humans.

    Potential Commercial Applications:

    • Microrheological measurements can increase knowledge of the cancer microenvironment.

    • Diagnosis and/or treatment of a condition or disease associated with tissue/cell remodeling, including tumor state.

    • Determine the effectiveness of a particular compound or treatment or regimen (e.g cosmetic products for reducing wrinkles, scarring, etc.).

    • Evaluate wound healing.

    Value Proposition:

    • Increased sensitivity in the detection of changes in viscoelastic properties across materials.

    • Improvements in spatial resolution and tissue depth.

    • Localized, precise application of force compared to magnetic bead microrheology.

    • Greater dynamic range and can probe outside the thermal energy range compared to passive, thermally driven techniques.

    • Selection of multiple probe sites at once allows for increased throughput.

    • Automated probe selection reduces assay time.

    Development Stage:

    Basic

    Inventor(s):

    Kandice Tanner, Ph.D. (NCI); Benjamin Blehm, Ph.D. (NCI); and Alexus Devine, B.S. (NCI)

    Intellectual Property:

    HHS Reference No. E-251-2015/0-US-01 US Provisional Application 62/198,554 (HHS Reference No. E-251-2015/0-US-01) filed July 29, 2015 entitled “Optical Trap for Rheological Characterization of Complex Materials”.

    Publications:

    Blehm BH, et al. In vivo tissue has non-linear rheological behavior distinct from 3D biomimetic hydrogels, as determined by AMOTIV microscopy. Biomaterials. 2016 Mar;83:66-78.

    Licensing and Collaboration Opportunity: Researchers at the NCI seek licensing and/or co-development research collaborations for development of the technology to predict drug treatment based on the mechanical signature and another opportunity for cosmetic applications.

    Contact Information:

    Requests for copies of the patent application or inquiries about licensing, research collaborations, and co-development opportunities should be sent to John D. Hewes, Ph.D., email: [email protected].

    Dated: May 3, 2016. John D. Hewes, Technology Transfer Specialist, Technology Transfer Center, National Cancer Institute.
    [FR Doc. 2016-10777 Filed 5-6-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Clinical Trial Planning Grant (R34) and Implementation Cooperative Agreement (U01).

    Date: June 1, 2016.

    Time: 9:30 a.m. to 12:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Room 3G50, 5601 Fishers Lane, Rockville, MD 20892, (Telephone Conference Call).

    Contact Person: B. Duane Price, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, RM 3G50, National Institutes of Health, NIAID, 5601 Fishers Lane, MSC 9834, Bethesda, MD 20892-9834, 240-669-5074, [email protected]

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Investigator Initiated Program Project Applications (P01).

    Date: June 2, 2016.

    Time: 11:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Room 3G31 B, 5601 Fishers Lane, Rockville, MD 20892, (Telephone Conference Call).

    Contact Person: James T. Snyder, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities/Room 3G31B, National Institutes of Health, NIAID, 5601 Fishers Lane, MSC 9823, Rockville, MD 20892, (240) 669-5060, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)
    Dated: May 3, 2016. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-10778 Filed 5-6-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Dental & Craniofacial Research; 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 of Dental and Craniofacial Research Special Emphasis Panel—NIDCR Clinical Trials Planning Grants.

    Date: June 2, 2016.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, One Democracy Plaza, Room 651, 6701 Democracy Boulevard, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Crina Frincu, Ph.D., Scientific Review Officer, Scientific Review Branch, National Institute of Dental and Craniofacial Research, National Institutes of Health, 6701 Democracy Blvd., Suite 662, Bethesda, MD 20892, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.121, Oral Diseases and Disorders Research, National Institutes of Health, HHS)
    Dated: May 3, 2016. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-10780 Filed 5-6-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Cardiovascular and Respiratory Sciences Integrated Review Group; Lung Injury, Repair, and Remodeling Study Section.

    Date: June 1-2, 2016.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: DoubleTree by Hilton Chicago—Magnificent Mile, 300 E Ohio Street, Chicago, IL 60611.

    Contact Person: Ghenima Dirami, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4122, MSC 7814, Bethesda, MD 20892, 240-498-7546, [email protected]

    Name of Committee: Integrative, Functional and Cognitive Neuroscience Integrated Review Group; Neurobiology of Learning and Memory Study Section.

    Date: June 2, 2016.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Washington Plaza Hotel, 10 Thomas Circle NW., Washington, DC 20005.

    Contact Person: Nicholas Gaiano, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5178, MSC 7844, Bethesda, MD 20892-7844, 301-435-1033, [email protected]

    Name of Committee: Cell Biology Integrated Review Group; Cellular Signaling and Regulatory Systems Study Section.

    Date: June 2-3, 2016.

    Time: 8:00 a.m. to 1:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hilton Garden Inn Bethesda, 7301 Waverly Street, Bethesda, MD 20814.

    Contact Person: Elena Smirnova, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5187, MSC 7840, Bethesda, MD 20892, 301-357-9112, [email protected]

    Name of Committee: Musculoskeletal, Oral and Skin Sciences Integrated Review Group; Musculoskeletal Tissue Engineering Study Section.

    Date: June 2-3, 2016.

    Time: 8:00 a.m. to 5:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Doubletree Hotel Bethesda, (Formerly Holiday Inn Select), 8120 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Baljit S Moonga, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4214, MSC 7806, Bethesda, MD 20892, 301-435-1777, [email protected]

    Name of Committee: Musculoskeletal, Oral and Skin Sciences Integrated Review Group; Skeletal Biology Development and Disease Study Section.

    Date: June 2-3, 2016.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Washington Marriott at Metro Center, 775 12th Street NW., Washington, DC 20005.

    Contact Person: Aruna K Behera, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4211, MSC 7814, Bethesda, MD 20892, 301-435-6809, [email protected]

    Name of Committee: Infectious Diseases and Microbiology Integrated Review Group; Pathogenic Eukaryotes Study Section.

    Date: June 2-3, 2016.

    Time: 8:30 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: Tera Bounds, DVM, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3198, MSC 7808, Bethesda, MD 20892, 301-435-2306, [email protected]

    Name of Committee: Population Sciences and Epidemiology Integrated Review Group; Neurological, Aging and Musculoskeletal Epidemiology Study Section.

    Date: June 2-3, 2016.

    Time: 8:30 a.m. to 1:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Sheraton Seattle Hotel, 1400 6th Avenue, Seattle, WA 98101.

    Contact Person: Heidi B Friedman, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 1012A, MSC 7770, Bethesda, MD 20892, 301-435-1721, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Program Project: An Automated Pipeline for Macromolecular Structure Discovery in Cellular Electron Cryo-Tomography.

    Date: June 6, 2016.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Nitsa Rosenzweig, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4152, MSC 7760, Bethesda, MD 20892, (301) 404-7419, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Musculoskeletal, Oral and Skin Sciences AREA review.

    Date: June 6, 2016.

    Time: 10:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Yanming Bi, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4214, MSC 7814, Bethesda, MD 20892, 301-451-0996, [email protected]

    Name of Committee: Biological Chemistry and Macromolecular Biophysics Integrated Review Group; Synthetic and Biological Chemistry A Study Section.

    Date: June 7-8, 2016.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Gaylord National Resort and Convention Center, 201 Waterfront Street, National Harbor, MD 20745.

    Contact Person: Mike Radtke, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4176, MSC 7806, Bethesda, MD 20892, 301-435-1728, [email protected]

    Name of Committee: Endocrinology, Metabolism, Nutrition and Reproductive Sciences Integrated Review Group; Integrative and Clinical Endocrinology and Reproduction Study Section.

    Date: June 7-8, 2016.

    Time: 8:00 a.m. to 12:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Courtyard by Marriott, 5520 Wisconsin Avenue, Chevy Chase, MD 20815.

    Contact Person: Dianne Hardy, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6175, MSC 7892, Bethesda, MD 20892, 301-435-1154, [email protected]

    Name of Committee: Cell Biology Integrated Review Group Development—1 Study Section.

    Date: June 8, 2016.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Jonathan Arias, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5170, MSC 7840, Bethesda, MD 20892, 301-435-2406, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: May 3, 2016. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-10776 Filed 5-6-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2016-0258] Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0049 AGENCY:

    Coast Guard, DHS.

    ACTION:

    Sixty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of revisions to the following collection of information: 1625-0049, Waterfront Facilities Handling Liquefied Natural Gas (LNG) and Liquefied Hazardous Gas (LHG). Our ICR describes the information we seek to collect from the public. Before submitting this ICR to OIRA, the Coast Guard is inviting comments as described below.

    DATES:

    Comments must reach the Coast Guard on or before July 8, 2016.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2016-0258] to the Coast Guard using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public participation and request for comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    A copy of the ICR is available through the docket on the Internet at http://www.regulations.gov. Additionally, copies are available from: COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S. COAST GUARD, 2703 MARTIN LUTHER KING JR AVE SE, STOP 7710, WASHINGTON, DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Contact Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents.

    SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection.

    The Coast Guard invites comments on whether this ICR should be granted based on the Collection being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. In response to your comments, we may revise this ICR or decide not to seek approval of revisions of the Collection. We will consider all comments and material received during the comment period.

    We encourage you to respond to this request by submitting comments and related materials. Comments must contain the OMB Control Number of the ICR and the docket number of this request, [USCG-2016-0258], and must be received by July 8, 2016.

    Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

    Information Collection Request

    Title: Waterfront Facilities Handling Liquefied Natural Gas (LNG) and Liquefied Hazardous Gas (LHG).

    OMB Control Number: 1625-0049

    Summary: Liquefied Natural Gas (LNG) and other Liquefied Hazardous Gases (LHG) present a risk to the public when handled at waterfront facilities. These rules should either prevent accidental releases at waterfront facilities or mitigate their results. They are necessary to promote and verify compliance with safety standards.

    Need: Title 33 CFR part 127 prescribe safety standards for the design, construction, equipment, operations, maintenance, personnel training, and fire protection at waterfront facilities handling LNG or LHG.

    Forms: None.

    Respondents: Owners and operators of waterfront facilities that transfer LNG or LHG.

    Frequency: On occasion.

    Hour Burden Estimate: The estimated burden has decreased from 6,425 hours to 5,019 hours a year due to a decrease in the estimated annual number of respondents.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: April 29, 2016. Thomas P. Michelli, U.S. Coast Guard, Deputy Chief Information Officer.
    [FR Doc. 2016-10901 Filed 5-6-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2016-0262] Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0066 AGENCY:

    Coast Guard, DHS.

    ACTION:

    Sixty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of revisions to the following collection of information: 1625-0066, Vessel and Facility Response Plans (Domestic and International), and Additional Response Requirements for Prince William Sound, Alaska. Our ICR describes the information we seek to collect from the public. Before submitting this ICR to OIRA, the Coast Guard is inviting comments as described below.

    DATES:

    Comments must reach the Coast Guard on or before July 8, 2016.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2016-0262] to the Coast Guard using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public participation and request for comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    A copy of the ICR is available through the docket on the Internet at http://www.regulations.gov. Additionally, copies are available from: COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S. COAST GUARD, 2703 MARTIN LUTHER KING JR AVE. SE., STOP 7710, WASHINGTON, DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents.

    SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection.

    The Coast Guard invites comments on whether this ICR should be granted based on the Collection being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. In response to your comments, we may revise this ICR or decide not to seek approval of revisions of the Collection. We will consider all comments and material received during the comment period.

    We encourage you to respond to this request by submitting comments and related materials. Comments must contain the OMB Control Number of the ICR and the docket number of this request, [USCG-2016-0262], and must be received by July 8, 2016.

    Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

    Information Collection Request

    Title: Vessel and Facility Response Plans (Domestic and International), and Additional Response Requirements for Prince William Sound, Alaska.

    OMB Control Number: 1625-0066.

    Summary: The Oil Pollution Act of 1990 (OPA 90) required the development of Vessel and Facility Response Plans to minimize the impact of oil spills. OPA 90 also required additional response requirements for Prince William Sound. Shipboard Oil Pollution Emergency Plans and Shipboard Marine Pollution Emergency Plans are required of other vessels to minimize impacts of oil spills.

    Need: This information is needed to ensure that vessels and facilities are prepared to respond in event of a spill incident. The information will be reviewed by the Coast Guard to assess the effectiveness of the response plan.

    Forms: CG-6083, Application for Approval/Revision of Vessel Pollution Response Plans and Vessel Response Plan (VRP) Express Search Tool.

    Respondents: Owners and operators of vessels and facilities.

    Frequency: On occasion.

    Hour Burden Estimate: The estimated burden has decreased from 136,460 hours to 75,395 hours a year. The decrease in burden is primarily due to a decrease in the estimated annual number of Facility Response Plan (FRP) respondents.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: 29 April 2016. Thomas P. Michelli, U.S. Coast Guard, Deputy Chief Information Officer.
    [FR Doc. 2016-10899 Filed 5-6-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2015-1033] Collection of Information Under Review by Office of Management and Budget; OMB Control Numbers: 1625-0023 AGENCY:

    Coast Guard, DHS.

    ACTION:

    Thirty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995 the U.S. Coast Guard is forwarding an Information Collection Requests (ICRs), abstracted below, to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of a revision to the following collection of information: 1625-0023, Barge Fleeting Facility Records. Our ICR describes the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.

    DATES:

    Comments must reach the Coast Guard and OIRA on or before June 8, 2016.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2015-1033] to the Coast Guard using the Federal eRulemaking Portal at http://www.regulations.gov. Alternatively, you may submit comments to OIRA using one of the following means:

    (1) Email: [email protected].

    (2) Mail: OIRA, 725 17th Street NW., Washington, DC 20503, attention Desk Officer for the Coast Guard.

    (3) Fax: 202-395-6566. To ensure your comments are received in a timely manner, mark the fax, attention Desk Officer for the Coast Guard.

    A copy of the ICR is available through the docket on the Internet at http://www.regulations.gov. Additionally, copies are available from: COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S. COAST GUARD, 2703 MARTIN LUTHER KING JR AVE SE., STOP 7710, WASHINGTON, DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Contact Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents.

    SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection.

    The Coast Guard invites comments on whether this ICR should be granted based on the Collection being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. These comments will help OIRA determine whether to approve the ICR referred to in this Notice.

    We encourage you to respond to this request by submitting comments and related materials. Comments to Coast Guard or OIRA must contain the OMB Control Number of the ICR. They must also contain the docket number of this request, [USCG-2015-1033], and must be received by June 8, 2016

    Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice of Action on each ICR will become available via a hyperlink in the OMB Control Number: 1625-0023.

    Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The Coast Guard published the 60-day notice (81 FR 3148, January 20, 2016) required by 44 U.S.C. 3506(c)(2). That Notice elicited no comments. Accordingly, no changes have been made to the Collection.

    Information Collection Request

    Title: Barge Fleeting Facility Records.

    OMB Control Number: 1625-0023.

    Summary: The regulations require the person-in-charge of certain barge fleeting facilities to keep records of twice daily inspections of barge moorings and movements of barges and hazardous cargo in and out of a facility.

    Need: Title 33 CFR 165.803 requirements are intended to prevent barges from breaking out of control in the congested Lower Mississippi River waterway system.

    Forms: None.

    Respondents: Operators of barge fleeting facilities.

    Frequency: Daily.

    Hour Burden Estimate: The estimated burden has decreased from 50,453 hours to 11,076 hours a year due to a decrease in the estimated annual number of respondents and number of responses.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: April 29, 2016. Thomas P. Michelli, U.S. Coast Guard, Deputy Chief Information Officer.
    [FR Doc. 2016-10897 Filed 5-6-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2016-0281] Information Collection Request[s] to Office of Management and Budget; OMB Control Number: 1625-new AGENCY:

    Coast Guard, DHS.

    ACTION:

    Sixty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of a new collection of information: 1625-new, Maritime Transportation System Recovery Essential Elements of Information. Our ICR describes the information we seek to collect from the public. Before submitting this ICR to OIRA, the Coast Guard is inviting comments as described below.

    DATES:

    Comments must reach the Coast Guard on or before July 8, 2016.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2016-0281] to the Coast Guard using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public participation and request for comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    A copy of the ICR is available through the docket on the Internet at http://www.regulations.gov. Additionally, copies are available from: COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S. COAST GUARD, 2703 MARTIN LUTHER KING JR. AVE. SE., STOP 7710, WASHINGTON, DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Contact Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents.

    SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection.

    The Coast Guard invites comments on whether this ICR should be granted based on the Collection being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. In response to your comments, we may revise this ICR or decide not to seek approval for the Collection. We will consider all comments and material received during the comment period.

    We encourage you to respond to this request by submitting comments and related materials. Comments must contain the OMB Control Number of the ICR and the docket number of this request, [USCG-2016-0281], and must be received by July 8, 2016.

    Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

    Information Collection Request

    Title: Maritime Transportation System Recovery Essential Elements of Information.

    OMB Control Number: 1625-new.

    Summary: This information collection captures data on facilities, vessels and shared transportation infrastructure prior to a port disruption to be able to characterize the port in its normal fully functioning condition.

    Need: 33 U.S.C. 1225, 46 U.S.C. 70103, and 50 U.S.C. 191 require the U.S. Coast Guard to take action to prevent damage to, or the destruction of, bridges, other structures, on or in navigable waters or shore area adjacent; to minimize damage from and respond to a transportation security incident; and to safeguard against destruction of vessels, harbors, ports and waterfront facilities in the United States and all territorial waters during a national emergency. To be prepared to execute these responsibilities, the U.S. Coast Guard needs to establish the normal fully functioning condition of a port prior to a port disruption. Then, following a port disruption, the U.S. Coast Guard may be able to compare the normal port condition to the disrupted port condition, enabling the Marine Transportation System Recovery Unit (MTSRU) to assist in prioritizing recovery efforts, and gauge the effectiveness of the response.

    Forms: CG-11410, Marine Transportation System Recovery Essential Elements of Information and CG-11410A, Marine Transportation System Recovery Facility Status.

    Respondents: Owners or operators of U.S. waterfront facilities.

    Frequency: On occasion.

    Hour Burden Estimate: This is a new information collection. The estimated burden is 2,250 hours a year.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: April 29, 2016. Thomas P. Michelli, U.S. Coast Guard, Deputy Chief Information Officer.
    [FR Doc. 2016-10898 Filed 5-6-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2015-1034] Collection of Information Under Review by Office of Management and Budget; OMB Control Number: 1625-0052 AGENCY:

    Coast Guard, DHS.

    ACTION:

    Thirty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995 the U.S. Coast Guard is forwarding an Information Collection Request (ICR), abstracted below, to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting an extension of its approval for the following collection of information: 1625-0052, Nondestructive Testing of Certain Cargo Tanks on Unmanned Barges. Our ICR describes the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.

    DATES:

    Comments must reach the Coast Guard and OIRA on or before June 8, 2016.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2015-1034] to the Coast Guard using the Federal eRulemaking Portal at http://www.regulations.gov. Alternatively, you may submit comments to OIRA using one of the following means:

    (1) Email: [email protected].

    (2) Mail: OIRA, 725 17th Street NW., Washington, DC 20503, attention Desk Officer for the Coast Guard.

    (3) Fax: 202-395-6566. To ensure your comments are received in a timely manner, mark the fax, attention Desk Officer for the Coast Guard.

    A copy of the ICR is available through the docket on the Internet at http://www.regulations.gov. Additionally, copies are available from: COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S. COAST GUARD, 2703 MARTIN LUTHER KING JR AVE SE., STOP 7710, WASHINGTON, DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents.

    SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection. The Coast Guard invites comments on whether this ICR should be granted based on the Collection being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. These comments will help OIRA determine whether to approve the ICR referred to in this Notice.

    We encourage you to respond to this request by submitting comments and related materials. Comments to Coast Guard or OIRA must contain the OMB Control Number of the ICR. They must also contain the docket number of this request, [USCG-2015-1034], and must be received by June 8, 2016.

    Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice of Action on each ICR will become available via a hyperlink in the OMB Control Number: 1625-0052.

    Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The Coast Guard published the 60-day notice (81 FR 3149, January 20, 2016) required by 44 U.S.C. 3506(c)(2). That Notice elicited no comments. Accordingly, no changes have been made to the Collection.

    Information Collection Request

    Title: Nondestructive Testing of Certain Cargo Tanks on Unmanned Barges.

    OMB Control Number: 1625-0052.

    Summary: The Coast Guard uses the results of nondestructive testing to evaluate the suitability of older pressure-vessel-type cargo tanks of unmanned barges to remain in service. Such a tank, on an unmanned barge, 30 years old or older is subjected to nondestructive testing once every ten years.

    Need: Under title 46 U.S.C. 3703, the Coast Guard is responsible for ensuring safe shipment of liquid dangerous cargoes and has promulgated regulations for certain barges to ensure the meeting of safety standards.

    Forms: None.

    Respondents: Owners of tank barges.

    Frequency: Every 10 years.

    Hour Burden Estimate: The estimated burden remains 130 hours a year.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: April 29, 2016. Thomas P. Michelli, U.S. Coast Guard, Deputy Chief Information Officer.
    [FR Doc. 2016-10895 Filed 5-6-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2015-1097] Collection of Information Under Review by Office of Management and Budget; OMB Control Number: 1625-0027 AGENCY:

    Coast Guard, DHS.

    ACTION:

    Thirty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995 the U.S. Coast Guard is forwarding an Information Collection Request (ICR), abstracted below, to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of a revision to the following collection of information: 1625-0027, Vessel Documentation. Our ICR describes the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.

    DATES:

    Comments must reach the Coast Guard and OIRA on or before June 8, 2016.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2015-1097] to the Coast Guard using the Federal eRulemaking Portal at http://www.regulations.gov. Alternatively, you may submit comments to OIRA using one of the following means:

    (1) Email: [email protected]

    (2) Mail: OIRA, 725 17th Street NW., Washington, DC 20503, attention Desk Officer for the Coast Guard.

    (3) Fax: 202-395-6566. To ensure your comments are received in a timely manner, mark the fax, attention Desk Officer for the Coast Guard.

    A copy of the ICR is available through the docket on the Internet at http://www.regulations.gov. Additionally, copies are available from: COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S. COAST GUARD, 2703 MARTIN LUTHER KING JR AVE. SE., STOP 7710, WASHINGTON, DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Contact Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents.

    SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection. The Coast Guard invites comments on whether this ICR should be granted based on the Collection being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. These comments will help OIRA determine whether to approve the ICR referred to in this Notice.

    We encourage you to respond to this request by submitting comments and related materials. Comments to Coast Guard or OIRA must contain the OMB Control Number of the ICR. They must also contain the docket number of this request, [USCG-2015-1097], and must be received by June 8, 2016.

    Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice of Action on each ICR will become available via a hyperlink in the OMB Control Number: 1625-0027.

    Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The Coast Guard published the 60-day notice (81 FR 3152, January 20, 2016) required by 44 U.S.C. 3506(c)(2). That Notice elicited no comments. Accordingly, no changes have been made to the Collections.

    Information Collection Request

    Title: Vessel Documentation.

    OMB Control Number: 1625-0027.

    Summary: The information collected will be used to establish the eligibility of a vessel to: (a) Be documented as a “vessel of the United States”, (b) engage in a particular trade, and/or (c) become the object of a preferred ship's mortgage. The information collected concerns citizenship of owner/applicant and build, tonnage and markings of a vessel.

    Need: Title 46 U.S.C. Chapters 121, 123, 125 and 313 requires the documentation of vessels. A Certificate of Documentation (COD) is required for the operation of a vessel in certain trades, serves as evidence of vessel nationality and permits a vessel to be subject to preferred mortgages.

    Forms: CG-1258, Application for Initial, Exchange, or Replacement of Certificate of Documentation/Redocumentation; CG-1258, Section A—Additional Vessels; CG-1258, Section H—Additional Owners; CG-1258, Section L—Attachment to Limited Liability Company; CG-1258, Section L—Attachment to Partnership; CG-1258, Section L—Attachment to Joint Venture or Association; CG-1258, Section L—Attachment to Trust Arrangement; CG-1261, Builder's Certification and First Transfer of Title; CG-1270, Certificate of Documentation; CG-1280, Vessel Renewal Notification Application for Renewal; CG-1340, Bill of Sale; CG-1356, Bill of Sale by Government Entity Pursuant to Court Order or Administrative Degree of Forfeiture; CG-4593, Application, Consent, and Approval for Withdrawal of Application for Documentation or Exchange of Certificate of Documentation; CG-5542, Optional Application for Filing; CG-7042, Authorization for Credit Card Transactions; and CG-7043, Abstract of Title/Certified COD Request.

    Respondents: Owners/builders of yachts and commercial vessels of at least 5 net tons.

    Frequency: Annually.

    Hour Burden Estimate: The estimated burden has increased from 67,882 hours to 77,619 hours a year due to an increase in the estimated annual number of responses. With one exception, there is no proposed change to the reporting or recordkeeping requirements of this collection. This ICR is revised to account for the recordkeeping burden of form CG-1270 (Certificate of Documentation (COD)). A COD is issued by the Coast Guard to a vessel owner. We estimate the recordkeeping burden of 3 minutes per response. CODs were issued in the past, but not accounted for under Information Collection 1625-0027. The reporting and recordkeeping requirements, and the methodology for calculating burden, remain unchanged.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: April 29, 2016. Thomas P. Michelli, U.S. Coast Guard, Deputy Chief Information Officer.
    [FR Doc. 2016-10896 Filed 5-6-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2016-0261] Information Collection Request to Office of Management and Budget; OMB

    Control Number: 1625-0063

    AGENCY:

    Coast Guard, DHS.

    ACTION:

    Sixty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting an extension of its approval for the following collection of information: 1625-0063, Marine Occupational Health and Safety Standards for Benzene—46 CFR 197 Subpart C. Our ICR describes the information we seek to collect from the public. Before submitting this ICR to OIRA, the Coast Guard is inviting comments as described below.

    DATES:

    Comments must reach the Coast Guard on or before July 8, 2016.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2016-0261] to the Coast Guard using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public participation and request for comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    A copy of the ICR is available through the docket on the Internet at http://www.regulations.gov. Additionally, copies are available from: COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S. COAST GUARD, 2703 MARTIN LUTHER KING JR AVE. SE., STOP 7710, WASHINGTON, DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Contact Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents.

    SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection.

    The Coast Guard invites comments on whether this ICR should be granted based on the Collection being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. In response to your comments, we may revise this ICR or decide not to seek an extension of approval for the Collection. We will consider all comments and material received during the comment period.

    We encourage you to respond to this request by submitting comments and related materials. Comments must contain the OMB Control Number of the ICR and the docket number of this request, [USCG-2016-0261], and must be received by July 8, 2016

    Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

    Information Collection Request

    Title: Marine Occupational Health and Safety Standards for Benzene—46 Code of Federal Regulations 197 Subpart C.

    OMB Control Number: 1625-0063.

    Summary: To protect marine workers from exposure to toxic Benzene vapor, the Coast Guard implemented Title 46 CFR Subpart C.

    Need: This information collection is vital to verifying compliance.

    Forms: None.

    Respondents: Owners and operators of vessels.

    Frequency: On occasion.

    Hour Burden Estimate: The estimated burden remains 38,165 hours a year.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: April 29, 2016. Thomas P. Michelli, U.S. Coast Guard, Deputy Chief Information Officer.
    [FR Doc. 2016-10900 Filed 5-6-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [1651-0093] Agency Information Collection Activities: Declaration of Owner and Declaration of Consignee When Entry Is Made by an Agent AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security

    ACTION:

    60-Day Notice and request for comments; extension of an existing collection of information.

    SUMMARY:

    U.S. Customs and Border Protection (CBP) of the Department of Homeland Security 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: Declaration of Owner and Declaration of Consignee When Entry is made by an Agent (Forms 3347 and 3347A). CBP is proposing that this information collection be extended with no change to the burden hours or to the information collected. This document is published to obtain comments from the public and affected agencies.

    DATES:

    Written comments should be received on or before July 8, 2016 to be assured of consideration.

    ADDRESSES:

    Written comments may be mailed to U.S. Customs and Border Protection, Attn: Tracey Denning, Regulations and Rulings, Office of Trade, 90 K Street NE., 10th Floor, Washington, DC 20229-1177.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information should be directed to Tracey Denning, U.S. Customs and Border Protection, Regulations and Rulings, Office of Trade, 90 K Street NE., 10th Floor, Washington, DC 20229-1177, at 202-325-0265.

    SUPPLEMENTARY INFORMATION:

    CBP invites the general public and other Federal agencies to comment on proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (Public Law 104-13). The comments should address: (a) Whether the 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 estimates of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden including the use of automated collection techniques or the use of other forms of information technology; and (e) the annual cost burden to respondents or record keepers from the collection of information (total capital/startup costs and operations and maintenance costs). The comments that are submitted will be summarized and included in the CBP request for OMB approval. All comments will become a matter of public record. In this document, CBP is soliciting comments concerning the following information collection:

    Title: Declaration of Owner and Declaration of Consignee When Entry is made by an Agent.

    OMB Number: 1651-0093.

    Form Number: CBP Forms 3347 and 3347A.

    Abstract: CBP Form 3347, Declaration of Owner, is a declaration from the owner of imported merchandise stating that he/she agrees to pay additional or increased duties, therefore releasing the importer of record from paying such duties. This form must be filed within 90 days from the date of entry. CBP Form 3347 is provided for by 19 CFR 24.11 and 141.20.

    When entry is made in a consignee's name by an agent who has knowledge of the facts and who is authorized under a proper power of attorney by that consignee, a declaration from the consignee on CBP Form 3347A, Declaration of Consignee When Entry is Made by an Agent, shall be filed with the entry summary. If this declaration is filed, then no bond to produce a declaration of the consignee is required. CBP Form 3347A is provided for by 19 CFR 141.19(b)(2).

    CBP Forms 3347 and 3347A are authorized by 19 U.S.C. 1485 and are accessible at http://www.cbp.gov/xp/cgov/toolbox/forms/.

    Action: CBP proposes to extend the expiration date of this information collection with no change to the estimated burden hours or to the information collected.

    Type of Review: Extension (without change).

    Affected Public: Businesses.

    CBP Form 3347:

    Estimated Number of Respondents: 900.

    Estimated Number of Responses per Respondent: 6.

    Estimated Total Annual Responses: 5,400.

    Estimated Time per Response: 6 minutes.

    Estimated Total Annual Burden Hours: 540.

    CBP Form 3347A:

    Estimated Number of Respondents: 50.

    Estimated Number of Responses per Respondent: 6.

    Estimated Total Annual Responses: 300.

    Estimated Time per Response: 6 minutes.

    Estimated Total Annual Burden Hours: 30.

    Dated: May 4, 2016. Tracey Denning, Agency Clearance Officer, U.S. Customs and Border Protection.
    [FR Doc. 2016-10810 Filed 5-6-16; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [1651-0082] Agency Information Collection Activities: African Growth and Opportunity Act Certificate of Origin AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security.

    ACTION:

    60-Day notice and request for comments; extension of an existing collection of information.

    SUMMARY:

    U.S. Customs and Border Protection (CBP) of the Department of Homeland Security 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: African Growth and Opportunity Act Certificate of Origin (AGOA). CBP is proposing that this information collection be extended with no change to the burden hours or to the information collected. This document is published to obtain comments from the public and affected agencies.

    DATES:

    Written comments should be received on or before July 8, 2016 to be assured of consideration.

    ADDRESSES:

    Written comments may be mailed to U.S. Customs and Border Protection, Attn: Tracey Denning, Regulations and Rulings, Office of Trade, 90 K Street NE., 10th Floor, Washington, DC 20229-1177.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information should be directed to Tracey Denning, U.S. Customs and Border Protection, Regulations and Rulings, Office of Trade, 90 K Street NE., 10th Floor, Washington, DC 20229-1177, at 202-325-0265.

    SUPPLEMENTARY INFORMATION:

    CBP invites the general public and other Federal agencies to comment on proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13). The comments should address: (a) Whether the 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 estimates of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden including the use of automated collection techniques or the use of other forms of information technology; and (e) the annual cost burden to respondents or record keepers from the collection of information (total capital/startup costs and operations and maintenance costs). The comments that are submitted will be summarized and included in the CBP request for OMB approval. All comments will become a matter of public record. In this document, CBP is soliciting comments concerning the following information collection:

    Title: African Growth and Opportunity Act Certificate of Origin.

    OMB Number: 1651-0082.

    Form Number: None.

    Abstract: The African Growth and Opportunity Act (AGOA) was adopted by the United States with the enactment of the Trade and Development Act of 2000 (Pub. L. 106-200). The objectives of AGOA are (1) to provide for extension of duty-free treatment under the Generalized System of Preferences (GSP) to import sensitive articles normally excluded from GSP duty treatment, and (2) to provide for the entry of specific textile and apparel articles free of duty and free of any quantitative limits from the countries of sub-Saharan Africa.

    For preferential treatment under AGOA, the exporter is required to prepare a certificate of origin and provide it to the importer. The certificate of origin includes information such as contact information for the importer, exporter and producer; the basis for which preferential treatment is claimed; and a description of the imported merchandise. The importers are required to have the certificate in their possession at the time of the claim, and to provide it to Customs and Border Protection (CBP) upon request. The collection of this information is provided for in 19 CFR 10.214, 10.215, and 10.216.

    Instructions for complying with this regulation are posted on CBP.gov Web site at: http://www.cbp.gov/trade/priority-issues.

    Action: CBP proposes to extend the expiration date of this information collection without change to the estimated burden hours or the information collected.

    Type of Review: Extension (without change).

    Affected Public: Businesses.

    Estimated Number of Respondents: 210.

    Estimated Number of Annual Responses per Respondent: 107.

    Estimated Number of Total Annual Responses: 22,470.

    Estimated Time per Response: 20 minutes.

    Estimated Total Annual Burden Hours: 7,640.

    Dated: May 4, 2016. Tracey Denning, Agency Clearance Officer, U.S. Customs and Border Protection.
    [FR Doc. 2016-10809 Filed 5-6-16; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [OMB Control Number 1615-0016] Agency Information Collection Activities: Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act, Form I-191; Revision of a Currently Approved Collection AGENCY:

    U.S. Citizenship and Immigration Services, Department of Homeland Security.

    ACTION:

    60-day notice.

    SUMMARY:

    The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) invite the general public and other Federal agencies to comment upon this proposed revision of a currently approved collection of information. In accordance with the Paperwork Reduction Act (PRA) of 1995, the information collection notice is published in the Federal Register to obtain comments regarding the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort, and resources used by the respondents to respond), the estimated cost to the respondent, and the actual information collection instruments.

    DATES:

    Comments are encouraged and will be accepted for 60 days until July 8, 2016.

    ADDRESSES:

    All submissions received must include the OMB Control Number 1615-0016 in the subject box, the agency name and Docket ID USCIS-2006-0070. To avoid duplicate submissions, please use only one of the following methods to submit comments:

    (1) Online. Submit comments via the Federal eRulemaking Portal Web site at http://www.regulations.gov under e-Docket ID number USCIS-2006-0070;

    (2) Email. Submit comments to [email protected];

    (3) Mail. Submit written comments to DHS, USCIS, Office of Policy and Strategy, Chief, Regulatory Coordination Division, 20 Massachusetts Avenue NW, Washington, DC 20529-2140.

    FOR FURTHER INFORMATION CONTACT:

    USCIS, Office of Policy and Strategy, Regulatory Coordination Division, Samantha Deshommes, Acting Chief, 20 Massachusetts Avenue NW., Washington, DC 20529-2140, Telephone number (202) 272-8377 (This is not a toll-free number. Comments are not accepted via telephone message). Please note contact information provided here is solely for questions regarding this notice. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases can check Case Status Online, available at the USCIS Web site at http://www.uscis.gov, or call the USCIS National Customer Service Center at (800) 375-5283; TTY (800) 767-1833.

    SUPPLEMENTARY INFORMATION:

    Comments:

    You may access the information collection instrument with instructions, or additional information by visiting the Federal eRulemaking Portal site at: http://www.regulations.gov and enter USCIS-2006-0070 in the search box. Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at http://www.regulations.gov, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. DHS may withhold information provided in comments from public viewing that it determines may impact the privacy of an individual or is offensive. For additional information, please read the Privacy Act notice that is available via the link in the footer of http://www.regulations.gov.

    Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

    (1) 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;

    (2) 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;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, including 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: Revision of a Currently Approved Collection.

    (2) Title of the Form/Collection: Application for Relief under Former Section 212(c) of the Immigration and Nationality Act.

    (3) Agency form number, if any, and the applicable component of the DHS sponsoring the collection: I-191; USCIS.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. Form I-191 is necessary for USCIS to determine whether the applicant is eligible for discretionary relief under former section 212(c) of the Immigration and Nationality Act.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: The estimated total number of respondents for the information collection I-191 is 600 and the estimated hour burden per response is 1.5 hours.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total estimated annual hour burden associated with this collection is 900 hours.

    (7) An estimate of the total public burden (in cost) associated with the collection: The estimated total annual cost burden associated with this collection of information is $75,750.

    Samantha Deshommes, Acting Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security.
    [FR Doc. 2016-10803 Filed 5-6-16; 8:45 am] BILLING CODE 9111-97-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2573-15; DHS Docket No. USCIS-2016-0003] Filipino World War II Veterans Parole Policy AGENCY:

    U.S. Citizenship and Immigration Services, Department of Homeland Security (DHS).

    ACTION:

    Notice.

    SUMMARY:

    This notice announces the implementation of U.S. Citizenship and Immigration Services' (USCIS) Filipino World War II Veterans Parole (FWVP) policy. Under this policy, USCIS will offer certain beneficiaries of approved family-based immigrant visa petitions an opportunity to request a discretionary grant of parole on a case-by-case basis so that they may come to the United States as they wait for their immigrant visa numbers to become available. Among other things, the policy recognizes the extraordinary contributions and sacrifices of Filipino veterans who fought for the United States during World War II. The policy also enhances the ability of such elderly veterans and their spouses to obtain care and support from their family members abroad.

    DATES:

    On or after June 8, 2016, individuals will be able to request parole under the FWVP policy.

    FOR FURTHER INFORMATION CONTACT:

    Maura Nicholson, Deputy Chief, International Operations Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue NW., Suite 3300, Washington, DC 20529, Telephone 202-272-1892. (This is not a toll-free number.)

    SUPPLEMENTARY INFORMATION:

    I. Background of the FWVP Policy

    More than 260,000 Filipino soldiers enlisted to fight for the United States during World War II. Estimates indicate that as many as 26,000 of these brave individuals became U.S. citizens. As U.S. citizens or lawful permanent residents (LPRs), these veterans may petition for certain of their family members to come to the United States. Estimates indicate that there are approximately between 2,000 to 6,000 Filipino American World War II veterans still alive in the United States today, many of whom greatly desire to have their family members in the United States during their final days.1

    1 See Modernizing and Streamlining our Legal Immigration System for the 21st Century 38 (July 2015), available at https://www.whitehouse.gov/sites/default/files/docs/final_visa_modernization_report1.pdf.

    With the exception of “immediate relatives” (i.e., parents, spouses, unmarried children under 21 years of age) of U.S. citizens, see Immigration and Nationality Act (INA) sec. 201(b)(2)(A)(i), 8 U.S.C. 1151(b)(2)(A)(i), the number of family-sponsored immigrant visas that are available in any given year is limited by statute. See INA secs. 201(a) and (c), 202(a) and 203, 8 U.S.C. 1151(a) and (c), 1152(a) and 1153. These statutory limits have resulted in long waiting periods before family members may join the petitioning U.S. citizens or LPRs in the United States and become LPRs themselves. For certain Filipino American family members, this wait can exceed 20 years.2

    2 The January 2016 Visa Bulletin issued by the Department of State indicates that for individuals chargeable to the Philippines, visas may be issued to individuals with priority dates ranging from before August 01, 2014 for family-sponsored second preference category (for spouses and unmarried children of LPRs) to before July 22, 1992 for the family-sponsored fourth preference category (for siblings of U.S. citizens). See January 2016 Visa Bulletin, U.S. Department of State, Bureau of Consular Affairs, available at http://www.travel.state.gov/content/dam/visas/Bulletins/visabulletin_january2016.pdf.

    Recognizing the contributions and sacrifices of Filipino veterans who fought for the United States during World War II and their families, USCIS has decided to implement the FWVP policy. In many cases, paroling these family members may also allow them to provide support and care for elderly veterans or their surviving spouses. Under this policy, USCIS will consider individual requests for parole submitted for certain relatives who are the beneficiaries of approved family-based immigrant visa petitions filed by Filipino veterans or their surviving spouses.3 Where USCIS determines that exercising such discretion is appropriate, USCIS may approve parole requests for such relatives so that they may wait in the United States until they are able to adjust status under existing immigration laws.4

    3See INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A) (permitting parole of certain aliens into the United States, as a matter of discretion and on a case-by-case basis, for urgent humanitarian reasons or significant public benefit); see also 8 CFR 212.5(a) and (c)-(e) (discretionary authority for establishing conditions of parole and for terminating parole).

    4 INA sec. 245(a), 8 U.S.C. 1255(a), permits adjustment of status for an alien paroled into the United States. Under 8 CFR 245.1(d)(1)(v), a parolee is considered to be in a lawful status for purposes of INA sec. 245(c)(2) if an individual is seeking adjustment of status as an immediate relative or family-based immigrant.

    In light of the circumstances described above, among other considerations, USCIS believes that the parole of qualified applicants who establish on a case-by-case basis that they are eligible for consideration under this policy and merit a favorable exercise of discretion would generally yield a “significant public benefit.” Additionally, considering the advanced age of World War II Filipino veterans and their spouses, and their increased need for care and companionship, grants of parole under the FWVP policy would often address urgent humanitarian concerns. In all cases, whether to parole a particular individual under this policy is a discretionary determination that will be made on a case-by-case basis. Accordingly, parole applications for individuals who fall within the general criteria but whose cases present overriding adverse factors (e.g., criminal history) would not be approved.

    II. Participation in the FWVP Policy and Application Process

    Those who may benefit from the FWVP policy are individuals: (1) who are the beneficiaries of Forms I-130, Petition for Alien Relative, including any accompanying or following-to-join spouse and children,5 who were approved on or before the filing date of the parole request (Form I-131, Application for Travel Document); (2) whose qualifying relationship with the petitioning relative existed on or before May 9, 2016; (3) whose petitioning relative is residing in the United States (or, if deceased, was residing in the United States at the time of death); (4) whose immigrant visas are not authorized for issuance per the Application Final Action Dates chart for family-sponsored preference cases on the Department of State's Visa Bulletin; and (5) whose petitioning relatives have established they are either Filipino World War II veterans or are the surviving spouses of such individuals.

    5See INA sec. 203(d), 8 U.S.C. 1153(d).

    The Filipino veteran's qualifying World War II military service must have previously been recognized by the Department of Defense and must be described in section 405 of the Immigration Act of 1990 (IMMACT'90),6 as amended by section 112 of Department of Justice Appropriations Act, 1998, which requires an individual to fall within one of three categories: 7

    6See Pub. L. 101-649, 104 Stat. 4978.

    7See Pub. L. 105-119, 111 Stat. 2440.

    1. Individuals who are listed on the final roster prepared by the recovered Personnel Division of the United States Army of those who served honorably in an active duty status with the Philippine Army during the World War II occupation and liberation of the Philippines;

    2. Individuals who are listed on the final roster prepared by the Guerilla Affairs Division of the United States Army of those who received recognition as having served honorably in an active duty status within a recognized guerilla unit during the World War II occupation and liberation of the Philippines; or

    3. Individuals who served honorably in an active duty status within the Philippine Scouts or within any other component of the United States Armed Forces in the Far East (other than a component described in clauses 1 or 2) at any time during the period beginning September 1, 1939, and ending December 31, 1946.

    USCIS will review government records to verify that the Filipino veteran's World War II military service was recognized by the Department of Defense. When this documentation is not available, USCIS will issue a Request for Evidence to allow the petitioner to submit evidence establishing the Filipino veteran's military service.

    When the petitioning relative in the United States is the Filipino World War II veteran, individuals eligible for parole consideration could include beneficiaries under any family-sponsored preference category. Individuals who qualify as “immediate relatives” under section 201(b)(2)(A)(i) of the INA, 8 U.S.C. 1151(b)(2)(A)(i), however, will not be eligible for parole under this policy because immigrant visas for these individuals are already immediately available. Immediate relatives may seek immigrant visas for travel to the United States immediately upon the approval of immigrant visa petitions filed on their behalf. In situations where the petitioning relative in the United States is the surviving spouse of a Filipino World War II veteran, eligible individuals who may be considered for parole under this policy include only the child, son, or daughter of the surviving spouse who is also the child, son, or daughter of the Filipino World War II veteran.8

    8See INA sec. 101(b)(1) (defining “child”). This definition includes individuals who qualify as step-children, legitimized children, children born out of wedlock and adopted children.

    In cases where the petitioning relative is deceased, eligible individuals described in this paragraph may also seek parole on their own behalf, under this policy, in cases where USCIS has reinstated the approval of Form I-130, Petition for Alien Relative, for humanitarian reasons. If such petition is reinstated, the self-petitioner must establish (1) a qualifying family relationship with the deceased Filipino veteran or spouse (i.e. the self-petitioner is a qualifying child, son, daughter, brother or sister of the Filipino World War II veteran); and (2) that the deceased Filipino veteran had qualifying World War II military service, as described above. Again, each of these parole requests will be reviewed on a case-by-case basis to determine whether the petitioner has met the criteria for parole and merits a favorable exercise of discretion.

    Seeking parole under the FWVP policy is voluntary.

    On or after June 8, 2016, an eligible U.S.-based U.S. citizen or LPR Filipino World War II veteran, or surviving spouse, with an approved Form I-130 may request parole under the FWVP policy on behalf of his or her eligible beneficiary relatives (or, if a self-applicant, on his or her own behalf). An eligible petitioner or self-applicant must file a completed Form I-131, Application for Travel Document, and a completed Form I-134, Affidavit of Support, and submit the required fee(s) or fee waiver request 9 on behalf of each beneficiary he or she wishes to have considered for parole. The veteran, surviving spouse, or self-petitioner must provide documentation of the veteran's qualifying World War II military service as described under section 405 of IMMACT'90, as amended. Detailed instructions on how to request parole under this policy will be included in the Instructions to Form I-131, Application for Travel Document, and on the USCIS Web site at (www.uscis.gov). USCIS will reject a Form I-131 that is not properly filed. USCIS strongly encourages individuals seeking to request parole under the FWVP policy to make such requests within 5 years from June 8, 2016 in order for their qualifying family members to be considered under this policy. Following the first four years of the implementation of this policy, USCIS will conduct additional outreach and evaluate whether the volume of actual or potential requests would support maintaining the policy, or whether it should be phased out at the end of 5 years.

    9 The Director of USCIS has determined that individuals seeking parole under the FWVP policy may request a waiver of the fee for Form I-131, Application for Travel Document. Making the fee waiver available for those applicants who are unable to pay is in the public interest and consistent with other applicable law, consistent with 8 CFR 103.7(d). A fee waiver may be requested by completing Form I-912, Request for Fee Waiver, in accordance with its instructions, and submitting that form with Form I-131.

    USCIS or Department of State consular officers will interview all individuals considered for parole under the FWVP policy to determine whether parole is appropriate on a case-by-case basis.10 Individuals requesting parole under this policy may also be required to have their biometrics collected. If USCIS favorably exercises its discretion to issue parole under the FWVP policy by approving the Form I-131, USCIS or the Department of State will issue the necessary travel documents to the beneficiary in the location he or she was interviewed. These travel documents generally will enable the beneficiary to travel to a U.S. port-of-entry and request parole from U.S. Customs and Border Protection (CBP) to join his or her family member. Before the beneficiary's parole expires, the beneficiary would be required to (1) seek re-parole; (2) if eligible, apply to adjust status to that of lawful permanent resident or apply and be processed overseas for an immigrant visa; or (3) depart the United States.

    10 The Department of State, however, will not make parole determinations.

    If an immigrant visa becomes available to an individual who is not an “immediate relative” while a Form I-131 filed under the FWVP policy is pending, the individual will be considered for parole under this policy, if desired. Alternatively, the beneficiary can choose to pursue immigrant visa processing, which will require payment of associated fees, but will enable the individual to apply for admission to the United States as an immigrant, if found eligible by the Department of State for the immigrant visa and admissible by CBP at a U.S. port of entry.

    III. Paperwork Reduction Act (PRA)

    Under the PRA, 44 U.S.C. chapter 35, all Departments are required to submit to the Office of Management and Budget (OMB) for review and approval, any new reporting requirements they impose. The USCIS, Application for Travel Document, (Form I-131), has been approved by OMB and assigned OMB control number 1615-0013. USCIS is only revising the Form I-131 Instructions in connection with the implementation of the FWVP policy and this notice. USCIS filed an emergency request with OMB and obtained approval of the changes to the Form I-131 Instructions. More information regarding the annual burden impact resulting from the implementation of this new policy will be provided during the next renewal cycle of the Form I-131. Currently, USCIS estimates that the FWVP policy might result in approximately 6,000 new respondents filing Form I-131s. The current OMB-approved estimated number of respondents filing Form I-131 is 940,671. USCIS believes it has overestimated the number of individuals who will use this form to apply for immigration benefits to the degree that additional respondents who will use it to file a request under the FWVP policy will be covered within the 940,671 estimated.

    Additional information about the consideration of parole requests under the FWVP policy will be posted on the USCIS Web site at www.uscis.gov.

    Dated: May 2, 2016. León Rodríguez, Director, U.S. Citizenship and Immigration Services.
    [FR Doc. 2016-10750 Filed 5-6-16; 8:45 am] BILLING CODE 9111-97-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [FWS-R8-ES-2016-N044; FF08ESMF00-FXES11120800000-156] Proposed Habitat Conservation Plan/Natural Community Conservation Plan for Western Butte County, California: Environmental Impact Statement AGENCY:

    Fish and Wildlife Service, Interior; National Marine Fisheries Service, Commerce.

    ACTION:

    Notice; reopening of public comment period.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service, are reopening the comment period for our joint request for comments on the Butte Regional Conservation Plan (Plan) and the Draft Environmental Impact Statement/Report (DEIS/R) for Authorization of Incidental Take and Implementation of the Plan. As of January 19, 2016, we have received comments from four organizations and individuals requesting that the comment period be extended. In response to these requests, we are reopening the comment period.

    If you previously submitted comments, you need not resubmit them; we have already incorporated them into the public record and will fully consider them in finalizing these documents.

    DATES:

    Submitting Comments: To ensure consideration, written comments must be received by June 8, 2016, no later than 5 p.m. Pacific Time.

    ADDRESSES:

    Submitting Comments: Please address written comments to one of the following individuals:

    1. Mike Thomas, Chief, Conservation Planning Division; or Eric Tattersall, Assistant Field Supervisor, by mail/hand-delivery at U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, W-2605, Sacramento, California 95825; or by facsimile to (916) 414-6713. You may telephone (916) 414-6600 to make an appointment during regular business hours to drop off comments at the Sacramento Fish and Wildlife Office.

    2. Maria Rea, Assistant Regional Administrator, by mail/hand-delivery at National Oceanic and Atmospheric Administration, West Coast Region, National Marine Fisheries Service, 650 Capitol Mall, Suite 5-100, Sacramento, California 95814; or by facsimile to (916) 930-3629. You may telephone (916) 930-3600 to make an appointment during regular business hours to drop off comments at the National Marine Fisheries Service.

    Please send comments related specifically to the California Environmental Quality Act (CEQA) process to the Jon Clark, Executive Director, Butte County Association of Governments, 2580 Sierra Sunrise Terrace, Suite 100, Chico, California 95928. You may also submit comments by facsimile to (530) 879-2444.

    FOR FURTHER INFORMATION CONTACT:

    (1) Rick Kuyper, Endangered Species Division; Mike Thomas, Chief, Conservation Planning Division; or Eric Tattersall, Deputy Assistant Field Supervisor, at the Sacramento Fish and Wildlife Office address above or at (916) 414-6600 (telephone); or

    (2) Gretchen Umlauf, National Marine Fisheries Service, at the address above or at (916) 930-5646 (telephone).

    If you use a telecommunications device for the deaf, please call the Federal Information Relay Service at (800) 877-8339.

    SUPPLEMENTARY INFORMATION:

    We are reopening the comment period for the Butte Regional Conservation Plan and a DEIS/R for Authorization of Incidental Take and Implementation of the Plan. On November 18, 2015, we opened a 90-day public comment period via a Federal Register notice (80 FR 72108). This comment period officially closed on February 16, 2016. Public meetings in Butte County were held in the cities of Chico on January 5, 2016, and Oroville and Gridley on January 6, 2016. As of January 19, 2016, we have received comments from four organizations and individuals requesting that the comment period be extended. In response to requests from the public, we have reopened the comment period (see DATES).

    Background Information

    For background information, see our November 18, 2015, notice (80 FR 72108).

    Document Availability

    You may obtain copies of the Draft Plan and DEIS/R from any of the individuals in FOR FURTHER INFORMATION CONTACT, or from the Sacramento Fish and Wildlife Office Web site at http://www.fws.gov/sacramento. Copies of these documents are also available for public inspection, by appointment, during regular business hours, at the Sacramento Fish and Wildlife Office. Additionally, hard-bound copies of the DEIS/R and Draft Plan are available for viewing, or for partial or complete duplication, at the following locations in Chico:

    • Butte County Association of Governments, 2580 Sierra Sunrise Terrace, Suite 100;

    • Biggs Branch Library, 464A B Street;

    • Chico Branch Library, 1108 Sherman Avenue;

    • Gridley Branch Library, 299 Spruce Street; and

    • Oroville Branch Library, 1820 Mitchell Avenue.

    Alexandra Pitts, Deputy Regional Director, Pacific Southwest Region, U.S. Fish and Wildlife Service, Sacramento, California. Angela Somma, Chief, Endangered Species Conservation Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2016-10863 Filed 5-6-16; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [167 A2100DD/AAKC001030/A0A501010.999900] Renewal of Agency Information Collection for Indian Self-Determination and Education Assistance Contracts AGENCIES:

    Bureau of Indian Affairs, DOI.

    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 Indian Self-Determination and Education Assistance Contracts, authorized by OMB Control Number 1076-0136. This information collection expires July 31, 2016.

    DATES:

    Submit comments on or before July 8, 2016.

    ADDRESSES:

    You may submit comments on this information collection activities to Ms. Sunshine Jordan, Acting Division Chief, Office of Indian Services—Division of Self-Determination, 1849 C Street NW., MS 4513-MIB, Washington, DC 20240, telephone: (202) 513-7616, email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Ms. Sunshine Jordan, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    Representatives of the BIA seeks renewal of the approval for information collections conducted under their joint rule, 25 CFR part 900, implementing the Indian Self-Determination and Education Assistance Act (ISDEAA), as amended (25 U.S.C. 450 et seq.). The Act requires a joint rule at 25 CFR part 900 to govern how contracts are awarded to Indian Tribes, thereby avoiding the unnecessary burden or confusion associated with two sets of rules and information collection requirements. See 25 U.S.C. 450k(a)(2)(A)(ii). The joint rule was developed through negotiated rulemaking with Tribes in 1996 and governs, among other things, what must be included in a Tribe's initial ISDEAA contract proposal to the BIA.

    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 BIA's 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 personally identifiable 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: 1076-0136.

    Title: Indian Self-Determination and Education Assistance Contracts, 25 CFR part 900.

    Brief Description of Collection: An Indian Tribe or Tribal organization is required to submit this information each time that it proposes to contract with BIA under the ISDEAA. Each response may vary in its length. In addition, each subpart of 25 CFR part 900 concerns different parts of the contracting process. For example, subpart C relates to provisions of the contents for the initial contract proposal. The respondents do not incur the burden associated with subpart C when contracts are renewed. Subpart F describes minimum standards for management systems used by Indian Tribes or Tribal organizations under these contracts. Subpart G addresses the negotiability of all reporting and data requirements in the contracts.

    Type of Review: Extension without change of currently approved collection.

    Respondents: Federally recognized Indian Tribes and Tribal organizations.

    Number of Respondents: 550.

    Estimated Number of Responses: 5,267.

    Estimated Time per Response: Varies from 10 to 50 hours, with an average of 45 hours per response.

    Frequency of Response: Each time programs are contracted from the BIA under the ISDEAA.

    Obligation To Respond: Response required to obtain or retain a benefit.

    Estimated Total Annual Hour Burden: 219,792 hours.

    Estimated Total Annual Non-Hour Cost: $0.

    Elizabeth K. Appel, Director, Office of Regulatory Affairs and Collaborative Action—Indian Affairs.
    [FR Doc. 2016-10788 Filed 5-6-16; 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 Multi-Stakeholder Group (USEITI MSG) Advisory Committee Meetings Change Notice AGENCY:

    Office of the Secretary, Department of the Interior.

    ACTION:

    Notice.

    SUMMARY:

    This notice announces location and date changes to the upcoming meetings of the United States Extractive Industries Transparency Initiative (USEITI) Multi-Stakeholder Group (MSG) Advisory Committee. The location, date, and time for the June 28-29, 2016, meeting has changed and the November 2-3, 2016, meeting has been rescheduled.

    DATES AND TIMES:

    The June 28-29, 2016, meeting has been rescheduled to June 27-28, 2016. The first day of the June meeting, June 27, 2016, will be from 1:00 p.m. to 6:00 p.m., and the second day, June 28, 2016, will be from 9:30 a.m. to 4:00 p.m. Eastern Time. The November 2-3, 2016, meeting has been rescheduled to November 16-17, 2016, from 9:30 a.m. to 4:00 p.m. Eastern Time, unless we indicate otherwise at www.doi.gov/eiti/faca, where we will post agendas, meeting logistics, and meeting materials prior to the meeting.

    ADDRESSES:

    The meetings will be held at the U.S. Department of the Interior Stewart Lee Udall Building, 1849 C Street NW., Washington, DC 20240. The June 27-28, 2016, meeting will be held in the South Penthouse, and the November 16-17, 2016, meeting will be held in the North Penthouse. Members of the public may attend in person or view documents and presentations under discussion via WebEx at http://bit.ly/1cR9W6t 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 serve as the initial USEITI multi-stakeholder group. More information about the Committee, including its charter, can be found at www.doi.gov/eiti/faca.

    Meeting Agendas: At the June 26-27, 2016, meeting agenda will include the MSG discussion of the Independent Administrator (IA) draft Reconciliation Report and the second-phase contextual narrative updates for the 2016 USEITI Report. At the November 16-17, 2016, meeting, the MSG will discuss and approve the final additions to 2016 USEITI Report and the 2017 Annual Workplan. We will post the final agendas and materials for all meetings on the USEITI MSG Web site at www.doi.gov/eiti/faca. All Committee meetings are open to the public.

    Whenever possible, we encourage those participating by telephone to gather in conference rooms in order to share teleconference lines. Please plan to dial into the meeting and/or log into WebEx at least 10-15 minutes prior to the scheduled start time in order to avoid possible technical difficulties. Individuals with special needs will be accommodated whenever possible. If you require special assistance (such as an interpreter for the hearing impaired), please notify Interior staff in advance of the meeting at 202-208-0272 or via email at [email protected]

    We will post the minutes from these proceedings on the USEITI MSG Web site at www.doi.gov/eiti/faca, and they will also be available for public inspection and copying at our office at the Stewart Lee Udall Department of the Interior Building in Washington, DC, by contacting Interior staff at [email protected].doi.gov or by telephone at 202-208-0272. For more information on USEITI, visit www.doi.gov/eiti.

    Dated: May 3, 2016. Paul A. Mussenden, Deputy Assistant Secretary—Natural Resource Revenue Management.
    [FR Doc. 2016-10814 Filed 5-6-16; 8:45 am] BILLING CODE 4335-30-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [WYW 179968] Public Land Order No. 7852; Withdrawal of Public Land for the Buffalo Bill Dam and Reservoir; Wyoming AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Public Land Order.

    SUMMARY:

    This order withdraws 32.56 acres of public land from settlement, sale, location, and entry under the general land laws, including the United States mining laws, for a period of 20 years to protect the Buffalo Bill Dam and Reservoir and the recreational facilities near Cody, Wyoming.

    DATE:

    This Public Land Order is effective on May 9, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Janelle Wrigley, Realty Officer, Bureau of Land Management (BLM), Wyoming State Office, 5353 N. Yellowstone Road, Cheyenne, Wyoming 82009, 307-775-6257 or via email at [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. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    This withdrawal protects the completed Buffalo Bill Dam and Reservoir Modification Project, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming, as authorized by Public Law 97-293, dated October 12, 1982. The implementing Act for this project provides for 74,000 acre-feet of additional water storage annually for irrigation, municipal, and industrial use; increased hydroelectric power generation; outdoor recreation; fish and wildlife conservation and development; environmental quality; and other purposes. As part of a joint-venture agreement between the Bureau of Reclamation and the State of Wyoming, the land is used by the Wyoming State Parks and Historic Sites and is managed as a State campground. The land is centrally located within this site and major improvements in the form of a campground, roads, playgrounds, restrooms, and picnic and shelter facilities have been constructed.

    Order

    By virtue of the authority vested in the Secretary of the Interior by Section 204 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714, it is ordered as follows:

    1. Subject to valid existing rights, the following-described public land is hereby withdrawn from settlement, sale, location, and entry under the general land laws, including the United States mining laws, but not from leasing under the mineral leasing laws, to protect the Buffalo Bill Dam and Reservoir and recreation facilities:

    Sixth Principal Meridian T. 52 N., R. 104 W., Sec. 14, lots 10, 11, 26, and 27; Sec. 15, lots 21, 22, and 23.

    The area described contains 32.56 acres, in Park County.

    2. The jurisdiction for all surface uses of these lands is transferred to and exercised by the Bureau of Reclamation, subject to all previously issued leases, licenses, rights of way, and other agreements. The withdrawal made by this order does not alter the applicability of those public land laws governing the use of the land under lease, license, or permit, or governing the disposal of the mineral or vegetative resources other than under the mining laws.

    3. This withdrawal will expire 20 years from the effective date of this order, unless, as a result of a review conducted prior to the expiration date pursuant to Section 204(f) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714(f), the Secretary determines that the withdrawal shall be extended.

    Dated: April 26, 2016. Janice M. Schneider, Assistant Secretary—Land and Minerals Management.
    [FR Doc. 2016-10862 Filed 5-6-16; 8:45 am] BILLING CODE 4310-11-P
    INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has received a first amended complaint entitled Certain Digital Video Receivers and Hardware and Software Components Thereof, DN 3135; the Commission is soliciting comments on any public interest issues raised by the first amended complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

    FOR FURTHER INFORMATION CONTACT:

    Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the first amended complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at EDIS,1 and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000.

    1 Electronic Document Information System (EDIS): http://edis.usitc.gov.

    General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at USITC.2 The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at EDIS.3 Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    2 United States International Trade Commission (USITC): http://edis.usitc.gov.

    3 Electronic Document Information System (EDIS): http://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    The Commission has received a first amended complaint and a submission pursuant to section 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of Rovi Corporation and Rovi Guides, Inc. on April 25, 2016. The first amended complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain digital video receivers and hardware and software components thereof. The first amended complaint names as respondents: Comcast Corporation, Philadelphia, PA; Comcast Cable Communications, LLC, Philadelphia, PA; Comcast Cable Communications Management, LLC, Philadelphia, PA; Comcast Business Communications, LLC, Philadelphia, PA; Comcast Holdings Corporation, Philadelphia, PA; Comcast Shared Services, LLC, Chicago, IL; Technicolor SA, France; Technicolor USA, Inc., Indianapolis, IN; Technicolor Connected Home USA LLC, Indianapolis, IN; Pace Ltd., England; Pace Americas, LLC, Boca Raton, FL; Arris International plc, Suwanee, GA; Arris Group Inc., Suwanee, GA; Arris Technology, Inc., Horsham, PA; Arris Enterprises Inc., Suwanee, GA; and Arris Solutions, Inc., Suwanee, GA. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders, and impose a bond upon respondents' alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j).

    Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the first amended complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.

    In particular, the Commission is interested in comments that:

    (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States;

    (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;

    (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded;

    (iv) indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and

    (v) explain how the requested remedial orders would impact United States consumers.

    Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation.

    Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (“Docket No. 3135”) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 4 ). Persons with questions regarding filing should contact the Secretary (202-205-2000).

    4 Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.

    Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.5

    5 Electronic Document Information System (EDIS): http://edis.usitc.gov.

    This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)).

    Issued: May 4, 2016.

    By order of the Commission.

    Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2016-10835 Filed 5-6-16; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-993] Certain Overflow and Drain Assemblies for Bathtubs and Components Thereof: Institution of Investigation AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 4, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of WCM Industries, Inc. of Colorado Springs, Colorado. Supplements were filed on April 13, 2016; April 19, 2016; and April 20, 2016. The complaint as supplemented alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain overflow and drain assemblies for bathtubs and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,302,220 (“the ’220 patent”); U.S. Patent No. 8,321,970 (“the ’970 patent”); U.S. Patent No. 8,584,272 (“the ’272 patent”); and U.S. Patent No. 9,200,436 (“the ’436 patent”). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337.

    The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

    ADDRESSES:

    The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Room 112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205-2000. General information concerning the Commission may also be obtained by accessing its internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

    FOR FURTHER INFORMATION CONTACT:

    The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.

    SUPPLEMENTARY INFORMATION:

    Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2016).

    Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on May 2, 2016, ordered that

    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain overflow and drain assemblies for bathtubs and components thereof by reason of infringement of one or more of claims 12 and 13 of the '220 patent; claim 1 of the '970 patent; claims 11 and 12 of the ’272 patent; and claims 1-16 of the ’436 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;

    (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:

    (a) The complainant is: WCM Industries, Inc., 2121 Waynoka Road, Colorado Springs, CO 80915.

    (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served:

    Bridging Partners Corporation, 4F-1, No. 26, Sec. 3, Ren Ai Road, Taipei 106, Taiwan.

    Better Enterprise Co. Ltd., 7F., No. 77, Sec. 4, Nanjing East Road, Taipei 105, Taiwan.

    Everflow Industrial Supply Corporation, 16F-1, No. 401, Sec. 1, Chung Shan Road, Changhua, Taiwan.

    (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge.

    The office of Unfair Import Investigations will not participate as a party in this investigation.

    Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown.

    Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: May 3, 2016. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2016-10764 Filed 5-6-16; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-534-538 and 731-TA-1274-1278 (Final)] Certain Corrosion-Resistant Steel Products From China, India, Italy, Korea, and Taiwan: Revised Hearing Schedule AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice.

    DATES:

    Effective April 28, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    Effective January 4, 2016, the Commission established a schedule for the conduct of the final phase of the subject investigations (81 FR 7585, February 12, 2016). The Commission is revising its schedule by changing the time of the hearing. The Commission's hearing will be held at the U.S. International Trade Commission Building at 10:00 a.m. on May 26, 2016. All other aspects of the schedule are unchanged.

    For further information concerning these investigations see the Commission's notice cited above and the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207).

    Authority:

    These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Dated: May 3, 2016. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2016-10742 Filed 5-6-16; 8:45 am] BILLING CODE 7020-02-P
    DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Workforce Innovation and Opportunity Act Common Performance Reporting; Correction ACTION:

    Notice; Correction.

    SUMMARY:

    The Department of Labor published a document in the Federal Register of April 26, 2016, inviting public comments on the Workforce Innovation and Opportunity Act Common Performance Reporting Information Collection Request (81 FR 24654). The document contained a Web site that has changed in order to review the request and incorrect burden summary information.

    FOR FURTHER INFORMATION CONTACT:

    Contact Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or by email to [email protected]

    Correction

    In the Federal Register of April 26, 2016, in FR Doc. 2016-09637, on page 24654, (81 FR 24654) in the second column, correct the first paragraph of the ADDRESSES caption to read:

    ADDRESSES:

    A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201604-1205-008 or by contacting Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or by email at [email protected]

    On page 24655 of the same document, (81 FR 24655) in the second column, correct the 5th paragraph of the SUPPLEMENTARY INFORMATION caption to read:

    Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB ICR Reference Number 201604-1205-008.

    On page 24655 of the same document, (81 FR 24655) also in the second column, correct the 13th paragraph of the SUPPLEMENTARY INFORMATION caption to read:

    OMB ICR Reference Number: 201604-1205-008.

    On page 24655 of the same document, (81 FR 24655) also in the second column, correct the 15th through 18th paragraphs of the SUPPLEMENTARY INFORMATION caption to read:

    Total Estimated Number of Respondents: 16,246,121.

    Total Estimated Number of Responses: 32,456,962.

    Total Estimated Annual Time Burden: 8,372,737 hours.

    Total Estimated Other Costs: $26,147,067.

    Dated: May 4, 2016. Michel Smyth, Departmental Clearance Officer.
    [FR Doc. 2016-10806 Filed 5-6-16; 8:45 am] BILLING CODE 4510-FN-P
    LEGAL SERVICES CORPORATION Extension of Comment Period for Proposed Revisions to the LSC Grant Assurances for Calendar Year 2017 Basic Field Grants AGENCY:

    Legal Services Corporation.

    ACTION:

    Notice of extended comment period for proposed changes.

    SUMMARY:

    The Legal Services Corporation (“LSC”) is extending the public comment period for the proposed Grant Assurances for calendar year 2017 Basic Field Grants. The proposed revisions affect Grant Assurances 7, 15, 20, and 22. LSC published the original request for comments in the Federal Register on April 5, 2016, 81 FR 19640 [FR Doc. 2016-07747]. The proposed LSC Grant Assurances for calendar year 2017 Basic Field Grants, in redline format indicating the proposed changes to the current “LSC 2016 Grant Assurances,” are available at http://grants.lsc.gov/sites/default/files/Grants/ReferenceMaterials/2017-GrantAssurances-Proposed.pdf. This notice extends the comment period for ten calendar days, from May 5, 2016, to May 16, 2016.

    DATES:

    All comments and recommendations must be received on or before the close of business on May 16, 2016

    ADDRESSES:

    You may submit comments by any of the following methods:

    Agency Web site: http://www.lsc.gov/contact-us. Follow the instructions for submitting comments on the Web site.

    Email: [email protected].

    Fax: (202) 337-6813.

    Mail: Legal Services Corporation, 3333 K Street NW., Washington, DC 20007.

    All comments should be addressed to Reginald J. Haley, Office of Program Performance, Legal Services Corporation. Include “2017 LSC Grant Assurances” as the heading or subject line for all comments submitted.
    FOR FURTHER INFORMATION CONTACT:

    Reginald J. Haley, [email protected], (202) 295-1545.

    SUPPLEMENTARY INFORMATION:

    In response to recent requests, LSC is extending the comment period for proposed changes to the Grant Assurances for calendar year 2017 Basic Field Grants.

    Grant Assurance 7 requires LSC recipients to provide legal services in accordance with: a) the grant proposal that LSC approved; b) the LSC Performance Criteria; c) the ABA Standards for the Provision of Civil Legal Aid; d) the ABA standards for Programs Providing Civil Pro Bono Legal Services to Persons of Limited Means; and e) any applicable code or rules of professional conduct, responsibility, or ethics. The proposed change clarifies the Grant Assurance and notifies the recipient that LSC's consent is required before the recipient makes significant changes to the delivery system described in the approved grant proposal or grant renewal application.

    Grant Assurance 15 requires grantees to notify LSC of: a) an office closing or relocation; b) a change of board chairperson; c) a change of chief executive officer; d) a change in recipient's charter, articles of incorporation, by-laws, or governing body structure; and e) a change in recipient's main email and Web site address. The proposed change updates the instruction for submitting these notifications to LSC.

    Grant Assurance 20 requires LSC recipients to provide advance notification to LSC of a proposed merger, consolidation, change in recipient's name, or status as a legal entity. In addition, Grant Assurance 20 directs recipients to LSC's instructions for planning an orderly conclusion of the role and responsibility of an LSC recipient. The proposed change clarifies and adds to the requirements for notifying LSC of a significant change in recipient's status and updates the Web site link to LSC's instructions for planning an orderly conclusion of the role and responsibility of an LSC recipient.

    Grant Assurance 22 requires recipients to give recognition and acknowledgement of LSC support and funding by displaying the LSC logo on the recipient's Web site, annual reports, press releases, letterhead, and other similar announcements and documents. The proposed change updates the Web site link to the digital and camera-ready versions of the LSC logo.

    Dated: May 3, 2016. Stefanie K. Davis, Assistant General Counsel.
    [FR Doc. 2016-10770 Filed 5-6-16; 8:45 am] BILLING CODE 7050-01-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (16-033)] NASA Advisory Council; Science Committee; Planetary Science Subcommittee; Meeting. AGENCY:

    National Aeronautics and Space Administration.

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration (NASA) announces a meeting of the Planetary Science Subcommittee of the NASA Advisory Council (NAC). This Subcommittee reports to the Science Committee of the NAC. The meeting will be held for the purpose of soliciting, from the scientific community and other persons, scientific and technical information relevant to program planning.

    DATES:

    Tuesday, June 7, 2016, 1:00 p.m. to 5:00 p.m., Eastern Daylight Time (EDT).

    FOR FURTHER INFORMATION CONTACT:

    Ms. Ann Delo, Science Mission Directorate, NASA Headquarters, Washington, DC 20546, (202) 358-0750, fax (202) 358-2779, or [email protected]

    SUPPLEMENTARY INFORMATION:

    The meeting will be open to the public telephonically and by WebEx. You must use a touch-tone phone to participate in this meeting. Any interested person may dial the USA toll free conference call number 1-877-918-923, passcode 1594921, to participate in this meeting by telephone. A toll number also is available, 1-630-395-0299, passcode 1594921. The WebEx link is https://nasa.webex.com/; the meeting number is 995 334 647, password is [email protected]

    The agenda for the meeting includes the following topics:

    —Planetary Science Division Update —Planetary Science Division Research and Analysis Program Update

    It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants.

    Patricia D. Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration.
    [FR Doc. 2016-10811 Filed 5-6-16; 8:45 am] BILLING CODE 7510-13-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Notice of Information Collection AGENCY:

    National Aeronautics and Space Administration (NASA).

    NOTICE:

    (16-032)

    ACTION:

    Notice of information collection.

    SUMMARY:

    The National Aeronautics and Space Administration, 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 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)).

    DATES:

    All comments should be submitted within 60 calendar days from the date of this publication.

    ADDRESSES:

    All comments should be addressed to Frances Teel, National Aeronautics and Space Administration, 300 E Streets SW., Washington, DC 20546-0001.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Frances Teel, NASA Clearance Officer, NASA Headquarters, 300 E Street SW., JF000, Washington, DC 20546, [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    This collection of information supports the National Aeronautics and Space Act of 1958, as amended, to create opportunities to improve processes associated with the evaluation and selection of individuals to participate in the NASA Astronaut Candidate Selection Program. The NASA Astronaut Selection Office (ASO) located at the Lyndon B. Johnson Space Center (JSC) in Houston, Texas is responsible for selecting astronauts for the various United States Space Exploration programs. In evaluating an applicant for the Astronaut Candidate Program, it is important that the ASO have the benefit of qualitative and quantitative information and recommendations from persons who have been directly associated with the applicant over the course of their career.

    This information will be used by the NASA ASO and Human Resources (HR) personnel, during the candidate selection process (approx. 2 year duration), to gain insight into the candidates' work ethic and professionalism as demonstrated in previous related employment activities. Respondents may include the astronaut candidate's previous employer(s)/direct-reporting manager, as well as co-workers and other references provided by the candidate.

    II. Method of Collection

    Electronic and optionally by paper.

    III. Data

    Title: NASA Astronaut Candidate Selection (ASCAN) Qualifications Inquiry.

    OMB Number: 2700-0156.

    Type of review: Extension of a currently approved information collection.

    Affected Public: Individuals.

    Estimated Number of Respondents: 2,000.

    Estimated Time per Response: 20 minutes.

    Estimated Total Annual Burden Hours: 667.

    Estimated Total Annual Cost: $50,905.00.

    IV. Request for Comments

    Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility; (2) the accuracy of NASA's estimate of the burden (including hours and cost) of the proposed collection of information; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including automated collection techniques or the use of other forms of information technology.

    Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record.

    Frances Teel, NASA PRA Clearance Officer.
    [FR Doc. 2016-10812 Filed 5-6-16; 8:45 am] BILLING CODE 7510-16-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 addition of an agenda item in the plenary open session of the National Science Board meetings on May 6, 2016, as shown below. The original notice appeared in the Federal Register on Friday, April 29, 2016 at 81 FR 25721-22.

    AMENDED AGENDA:

    Plenary Board Open session: 1:00-2:30 p.m. • Approval of open plenary minutes for February, 2016 • NSB Chair's opening remarks • Introduction of the NSF “LIGO Team” • NSF Director's remarks • Review and approval of annual Executive Committee report • OIG Semiannual report (ADDED) • Open committee reports • Discharge NPP • Presentations to outgoing Board members • NSB Chair's closing remarks UPDATES:

    Please refer to the National Science Board Web site for additional information. Meeting information and schedule updates (time, place, subject matter or status of meeting) may be found at http://www.nsf.gov/nsb/meetings/notices.jsp.

    AGENCY CONTACT:

    Ron Campbell, [email protected], 703-292-7000.

    Dated: May 5, 2016. Suzanne Plimpton, Management Analyst, National Science Foundation.
    [FR Doc. 2016-10991 Filed 5-5-16; 4:15 pm] BILLING CODE 7555-01-P
    NATIONAL SCIENCE FOUNDATION Comment Request: National Science Foundation Proposal—Large Facilities Manual AGENCY:

    National Science Foundation.

    ACTION:

    Notice.

    SUMMARY:

    The National Science Foundation (NSF) is announcing plans to request renewed clearance of this collection. In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we are providing opportunity for public comment on the NSF Large Facilities Manual (LFM) and the accompanying Large Facilities Financial Data Collection Tool. The primary purpose of this revision is to implement financial management policy and requirements as well as to update and clarify existing content. The draft versions of the NSF LFM and the accompanying Large Facilities Financial Data Collection Tool are available on the NSF Web site at: http://www.nsf.gov/bfa/lfo/lfo_documents.jsp.

    To facilitate review, a Change Log with brief comment explanations of the changes is provided in the manual. NSF is particularly interested in public comment on the financial management changes identified in the LFM and on the Large Facilities Financial Data Collection Tool for use in incurred cost reporting. After obtaining and considering public comment, NSF will prepare the submission requesting OMB clearance of this collection for no longer than 3 years.

    In addition to the type of comments identified above, comments are also invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information shall have practical utility; (b) the accuracy of the Agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information on respondents, including through the use of automated collection techniques or other forms of information technology; 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.

    DATES:

    Written comments should be received by July 8, 2016 to be assured of consideration. Comments received after that date will be considered to the extent practicable.

    ADDRESSES:

    Written comments regarding the information collection and requests for copies of the proposed information collection request should be addressed to Suzanne Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Blvd., Rm. 1265, Arlington, VA 22230, or by email to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Suzanne Plimpton on (703) 292-7556 or send email to [email protected] Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339, which is accessible 24 hours a day, 7 days a week, 365 days a year (including federal holidays).

    SUPPLEMENTARY INFORMATION:

    Title of Collection: “Large Facilities Manual”

    OMB Approval Number: 3145-0239.

    Expiration Date of Approval: 6/30/2018.

    Type of Request: Intent to seek approval to extend with revision an information collection for three years.

    Proposed Project: The National Science Foundation Act of 1950 (Pub. L. 81-507) set forth NSF's mission and purpose:

    “To promote the progress of science; to advance the national health, prosperity, and welfare; to secure the national defense. * * *”

    The Act authorized and directed NSF to initiate and support:

    • Basic scientific research and research fundamental to the engineering process;

    • Programs to strengthen scientific and engineering research potential;

    • Science and engineering education programs at all levels and in all the various fields of science and engineering;

    • Programs that provide a source of information for policy formulation; and

    • Other activities to promote these ends.

    Among Federal agencies, NSF is a leader in providing the academic community with advanced instrumentation needed to conduct state-of-the-art research and to educate the next generation of scientists, engineers and technical workers. The knowledge generated by these tools sustains U.S. leadership in science and engineering (S&E) to drive the U.S. economy and secure the future. NSF's responsibility is to ensure that the research and education communities have access to these resources, and to provide the support needed to utilize them optimally, and implement timely upgrades.

    The scale of advanced instrumentation ranges from small research instruments to shared resources or facilities that can be used by entire communities. The demand for such instrumentation is very high, and is growing rapidly, along with the pace of discovery. For large facilities and shared infrastructure, the need is particularly high. This trend is expected to accelerate in the future as increasing numbers of researchers and educators rely on such large facilities, instruments, and databases to provide the reach to make the next intellectual leaps.

    NSF currently provides support for facility construction from two accounts: the Major Research Equipment and Facility Construction (MREFC) account, and the Research and Related Activities (R&RA) account. The MREFC account, established in FY 1995, is a separate budget line item that provides an agency-wide mechanism, permitting directorates to undertake large facility projects that exceed 10% of the Directorate's annual budget; or roughly $100M or greater. Smaller projects continue to be supported from the R&RA Account.

    Facilities are defined as shared-use infrastructure, instrumentation and equipment that are accessible to a broad community of researchers and/or educators. Facilities may be centralized or may consist of distributed installations. They may incorporate large-scale networking or computational infrastructure, multi-user instruments or networks of such instruments, or other infrastructure, instrumentation and equipment having a major impact on a broad segment of a scientific or engineering discipline. Historically, awards have been made for such diverse projects as accelerators, telescopes, research vessels and aircraft, and geographically distributed but networked sensors and instrumentation.

    The growth and diversification of large facility projects require that NSF remain attentive to the ever-changing issues and challenges inherent in their planning, construction, operation, management and oversight. Most importantly, dedicated, competent NSF and awardee staff are needed to manage and oversee these projects; giving the attention and oversight that good practice dictates and that proper accountability to taxpayers and Congress demands. To this end, there is also a need for consistent, documented requirements and procedures to be understood and used by NSF program managers and awardees for all such large projects.

    Use of the Information: Facilities are an essential part of the science and engineering enterprise, and supporting them is one major responsibility of the National Science Foundation (NSF). NSF makes awards to external entities—primarily universities, consortia of universities or non-profit organizations—to undertake construction, management and operation of facilities. Such awards frequently take the form of cooperative agreements. NSF does not directly construct or operate the facilities it supports. However, NSF retains responsibility for overseeing their development, management and successful performance. The Large Facilities Manual is intended to:

    • Provide step-by-step guidance for NSF staff and awardees to carry out effective project planning, management and oversight of large facilities while considering the varying requirements of a diverse portfolio;

    • Clearly state the policies, processes and procedures pertinent at each stage of a facility's life cycle from development through construction, operations, and termination; and

    • Document and disseminate “best practices” identified over time so that NSF and awardees can carry out their responsibilities more effectively.

    This version of the Large Facilities Manual up-dates sections related to contingency policy, cost estimating requirements, and cost incurred audits. As part of the implementation of incurred cost reporting, a Large Facilities Financial Data Collection Tool is referenced in the Manual and included in the request for comment. This version also reflects revisions to improve readability and facilitate period revision. The Manual does not replace existing formal procedures required for all NSF awards, which are described in the Grant Proposal Guide and The Award and Administration Guide. Instead, it draws upon and supplements them for the purpose of providing detailed guidance regarding NSF management and oversight of facilities projects. All facilities projects require merit and technical review, as well as approval of certain deliverables. The level of review and approval varies substantially from standard grants, as does the level of oversight needed to ensure appropriate and proper accountability for federal funds. The requirements, recommended procedures and best practices presented in the Manual apply to any facility significant enough to require close and substantial interaction with the Foundation and the National Science Board.

    This Manual will be updated periodically to reflect changes in requirements, policies and/or procedures. Award Recipients are expected to monitor and adopt the requirements and best practices included in the Manual which are aimed at improving management and oversight of large facilities projects and at enabling the most efficient and cost-effective delivery of tools to the research and education communities.

    The submission of proposals and subsequent project documentation to the Foundation related to the development, construction and operations of Large Facilities is part of the collection of information. This information is used to help NSF fulfill this responsibility in supporting merit-based research and education projects in all the scientific and engineering disciplines. The Foundation also has a continuing commitment to provide oversight on facilities development and construction which must be balanced against monitoring its information collection so as to identify and address any excessive reporting burdens.

    NSF has approximately twenty-two (22) Large Facilities in various stages of development, construction, operations and termination. One to two (1 to 2) new awards are made approximately every five (5) years based on science community infrastructure needs and availability of funding. Of the twenty-two large facilities, there are approximately eight (8) facilities annually that are either in development or construction. These stages require the highest level of reporting and management documentation per the Large Facilities Manual.

    Burden to the Public: The Foundation estimates that an average of three (3) Full Time Equivalents (FTE's) are necessary for each facility project in development or construction (Total Project Cost of $200-$500M) to respond to NSF routine reporting and project management documentation requirements on an annual basis; or 6240 hours per year. The Foundation estimates an average of one (1) FTE for a facility in operations; or 2080 hours per year. Assuming an average of eight (8) facilities in construction and the balance in operations, this equates to roughly 80,000 public burden hours annually.

    Dated: May 3, 2016. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation.
    [FR Doc. 2016-10793 Filed 5-6-16; 8:45 am] BILLING CODE 7555-01-P
    NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on Digital I&C; Cancellation of the May 17, 2016, ACRS Subcommittee Meeting

    The ACRS Subcommittee meeting on Digital I&C scheduled for May 17, 2016, 1:00 p.m. until 5:00 p.m., has been cancelled.

    The notice of this meeting was previously published in the Federal Register on Wednesday, April 27, 2016, (81 FR 24894).

    Information regarding this meeting can be obtained by contacting Christina Antonescu, Designated Federal Official (DFO) (Telephone 301-415-6792 or Email: [email protected]) between 7:30 a.m. and 5:15 p.m. (EST)).

    Dated: April 28, 2018. Mark L. Banks, Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards.
    [FR Doc. 2016-10818 Filed 5-6-16; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS) Meeting of the ACRS Subcommittee on T-H Phenomena; Notice of Meeting

    The ACRS Subcommittees on T-H Phenomenon and Metallurgy & Reactor Fuels will hold a meeting on May 17, 2016, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland.

    The meeting will be open to public attendance.

    The agenda for the subject meeting shall be as follows:

    Tuesday, May 17, 2016—1:00 p.m. until 5:00 p.m.

    The Subcommittee will review the final draft of Regulatory Guide 1.20, “Comprehensive Vibration Assessment Program for Reactor Internals during Preoperation and Startup.” The Subcommittee will hear presentations by and hold discussions with the NRC staff regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee.

    Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Derek Widmayer (Telephone 301-415-5375 or Email: [email protected]) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the

    DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 21, 2015, (80 FR 63846).

    Detailed meeting agendas and meeting transcripts are available on the NRC Web site at http://www.nrc.gov/reading-rm/doc-collections/acrs. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained from the Web site cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such rescheduling would result in a major inconvenience.

    If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, MD. After registering with security, please contact Mr. Theron Brown (Telephone 240-888-9835) to be escorted to the meeting room.

    Dated: April 28, 2016. Mark L. Banks, Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards.
    [FR Doc. 2016-10815 Filed 5-6-16; 8:45 am] BILLING CODE 7590-01-P
    PENSION BENEFIT GUARANTY CORPORATION Submission of Information Collection for OMB Review; Comment Request; Administrative Appeals AGENCY:

    Pension Benefit Guaranty Corporation.

    ACTION:

    Notice of request for extension of OMB approval.

    SUMMARY:

    The Pension Benefit Guaranty Corporation (“PBGC”) is requesting that the Office of Management and Budget (“OMB”) extend approval, under the Paperwork Reduction Act, of a collection of information under its regulation on Rules for Administrative Review of Agency Decisions. This notice informs the public of PBGC's request and solicits public comment on the collection of information.

    DATES:

    Comments should be submitted by June 8, 2016.

    ADDRESSES:

    Comments should be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Pension Benefit Guaranty Corporation, via electronic mail at [email protected] or by fax to (202) 395-6974.

    Copies of the collection of information may also be obtained without charge by writing to the Disclosure Division of the Office of the General Counsel of PBGC at the above address or by visiting the Disclosure Division or calling 202-326-4040 during normal business hours. (TTY and TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4040.) PBGC's regulation on Administrative Appeals may be accessed on PBGC's Web site at www.pbgc.gov.

    FOR FURTHER INFORMATION CONTACT:

    Deborah C. Murphy, Deputy Assistant General Counsel for Regulatory Affairs, or Donald McCabe, Attorney, Regulatory Affairs Group, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026, 202-326-4400. (For TTY and TDD, call 800-877-8339 and request connection to 202-326-4400).

    SUPPLEMENTARY INFORMATION:

    PBGC's regulation on Rules for Administrative Review of Agency Decisions (29 CFR part 4003) prescribes rules governing the issuance of initial determinations by PBGC and the procedures for requesting and obtaining administrative review of initial determinations. Certain types of initial determinations are subject to administrative appeals, which are covered in subpart D of the regulation. Subpart D prescribes rules on who may file appeals, when and where to file appeals, contents of appeals, and other matters relating to appeals.

    Most appeals filed with PBGC are filed by individuals (participants, beneficiaries, and alternate payees) in connection with benefit entitlement or amounts. A small number of appeals are filed by employers in connection with other matters, such as plan coverage under ERISA section 4021 or employer liability under ERISA sections 4062(b)(1), 4063, or 4064. Appeals may be filed by hand, mail, commercial delivery service, fax or email. For appeals of benefit determinations, PBGC has optional forms for filing appeals and requests for extensions of time to appeal.

    OMB has approved the administrative appeals collection of information under control number 1212-0061 through May 31, 2016. PBGC is requesting that OMB extend approval of this collection of information for three years without change. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    PBGC estimates that an average of 900 appellants per year will respond to this collection of information. PBGC further estimates that the average annual burden of this collection of information is about forty-five minutes and $52 per appellant, with an average total annual burden of 643 hours and $46,680.

    Issued in Washington, DC, this 2 day of May 2016. Judith Starr, General Counsel, Pension Benefit Guaranty Corporation.
    [FR Doc. 2016-10813 Filed 5-6-16; 8:45 am] BILLING CODE 7709-02-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-77758; File No. SR-CBOE-2016-040] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule May 3, 2016.

    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on April 21, 2016, Chicago Board Options Exchange, Incorporated (the “Exchange” or “CBOE”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Exchange filed the proposal as a “non-controversial” proposed rule change pursuant to section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b-4(f)(6) thereunder.4 The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3 15 U.S.C. 78s(b)(3)(A)(iii).

    4 17 CFR 240.19b-4(f)(6).

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange proposes to amend the Fees Schedule to update references to quoting bandwidth. The text of the proposed rule change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to amend its Fees Schedule, effective April 21, 2016.

    The Fees Schedule currently sets forth the quoting bandwidth allowance for a Market-Maker Trading Permit. The bandwidth allowance is referenced as a maximum number of quotes over the course of the trading day (currently 35,640,000). The Exchange notes however, that the current reference applies to the Regular Trading Hours session (“RTH”) only. In order to avoid confusion and maintain clarity and transparency in the rules, the Exchange proposes to add a reference to the quoting bandwidth allowance for an Extended Trading Hours 5 (“ETH”) Market-Maker Trading Permit (i.e., 37,500,000 quotes over the course of the ETH session).6 The Exchanges notes that ETH bandwidth applies to all ETH Market-Maker Trading Permits and all ETH Quoting and Order Entry Bandwidth Packets. The Exchange also notes that the trading hours for RTH and ETH differ and as such, an ETH Market-Maker Trading Permit is equivalent to a different maximum number of quotes over the course of the trading session.7

    5 Extended Trading Hours are from 2:00 a.m. Central time (“CT”) to 8:15 a.m. (CT) on Monday through Friday.

    6 The Exchange notes that prior to April 18, 2016, the maximum bandwidth quoting allowance during ETH was 33,000,000 quotes over the course of the ETH session.

    7 The rate per second(s) for quoting bandwidth is (and has always been) the same for both the RTH and ETH sessions. Because the ETH trading session is shorter than the RTH trading session, the stated number of quotes over the course of a trading session is less for ETH than RTH.

    The Exchange next proposes to update the bandwidth currently set forth in Fees Schedule. The Fees Schedule currently states that the quoting bandwidth allowance for a Market-Maker Trading Permit is equivalent to a maximum of 35,640,000 quotes over the course of a trading day. The Exchange proposes to clarify that the stated quoting bandwidth reflects the maximum number of quotes over the course of a trading “session” instead of trading “day.” Particularly, RTH and ETH are separate trading sessions that are part of the same trading day. As such, the current expression of RTH bandwidth as quotes over the course of a trading “day” is inaccurate. Next, the Exchange notes that it increased quoting bandwidth allowance, effective April 18, 2016. The Exchange therefore seeks to make a corresponding amendment to the Fees Schedule. Specifically, the Exchange proposes to update the reference to the number of maximum quotes from 35,640,000 to 40,500,000. The Exchange notes that the increase of quoting bandwidth allowance applies to all RTH Market-Maker Trading Permits and all RTH Quoting and Order Entry Bandwidth Packets.

    2. Statutory Basis

    The Exchange believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the “Act”) and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of section 6(b) of the Act.8 Specifically, the Exchange believes the proposed rule change is consistent with the section 6(b)(5) 9 requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with the section 6(b)(5) 10 requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers.

    8 15 U.S.C. 78f(b).

    9 15 U.S.C. 78f(b)(5).

    10Id.

    In particular, the Exchange believes that adding a reference to the quoting bandwidth allowance during ETH avoids potential confusion and maintains transparency in the Fees Schedule, thereby removing impediments to and perfecting the mechanism of a free open market and a national market system, and, in general, protecting investors and the public interest. Similarly, as RTH and ETH are separate trading sessions (but part of the same trading day), the current reference to the RTH bandwidth as a maximum number of quotes over the course of a trading “day” is no longer accurate and as such, the Exchange believes replacing “trading day” with “trading session” eliminates incorrect terminology and avoids potential confusion.

    The Exchange believes that amending the Fees Schedule to accurately reflect the increase in quoting bandwidth allowance, alleviates confusion, thereby removing impediments to and perfecting the mechanism of a free open market and a national market system, and, in general, protecting investors and the public interest. The Exchange also notes that increasing quoting bandwidth helps ensure that Market-Makers have an adequate capacity and ability to continue to make active markets, which also removes impediments to and perfects the mechanism of a free open market and a national market system, and, in general, protects investors and the public interest.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange does not believe that the proposed rule change will impose any burden on intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act because the proposed change applies to all Market-Makers and is merely updating the Fees Schedule to accurately reflect an increase in quoting bandwidth, update outdated terminology, and reflect what the maximum bandwidth is for ETH. The Exchange believes that the proposed rule change will not cause an unnecessary burden on intermarket competition because it only applies to trading on CBOE. To the extent that the proposed changes make CBOE a more attractive marketplace for market participants at other exchanges, such market participants are welcome to become CBOE market participants.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the proposed rule change.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    Because the foregoing rule does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, provided that the self-regulatory organization has given the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change or such shorter time as designated by the Commission,11 the proposed rule change has become effective pursuant to section 19(b)(3)(A) of the Act 12 and Rule 19b-4(f)(6) thereunder.13

    11 The Exchange has fulfilled this requirement.

    12 15 U.S.C. 78s(b)(3)(A).

    13 17 CFR 240.19b-4(f)(6).

    A proposed rule change filed under Rule 19b-4(f)(6) 14 normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b4(f)(6)(iii),15 the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Exchange states that without a waiver of the operative delay, the Fees Schedule would reflect an outdated bandwidth amount, of only one trading session, which could cause potential confusion to TPHs. The Commission believes that it is consistent with the protection of investors and the public interest to waive the 30-day operative delay so the Exchange's Fees Schedule may immediately reflect the correct bandwidth fees. For this reason, the Commission designates the proposed rule change to be operative upon filing.16

    14 17 CFR 240.19b-4(f)(6).

    15 17 CFR 240.19b-4(f)(6)(iii).

    16 For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f).

    At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-CBOE-2016-040 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-CBOE-2016-040. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CBOE-2016-040 and should be submitted on or before May 31, 2016.

    17 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.17

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2016-10758 Filed 5-6-16; 8:45 am] BILLING CODE 8011-01-P
    SMALL BUSINESS ADMINISTRATION Council on Underserved Communities Advisory Board AGENCY:

    U.S. Small Business Administration.

    ACTION:

    Notice of open Federal Advisory Committee meetings.

    SUMMARY:

    The SBA is issuing this notice to announce the location, date, time and agenda for the initial meeting of the Council on Underserved Communities (CUC) Advisory Board.

    DATES:

    The meeting will be held on Tuesday, May 24th at 1:00 pm EST.

    ADDRESSES:

    These meeting will be held at the U.S. Small Business Administration, in the Administrator's Large Conference Room, located at 409 3rd St. SW., Suite 7000, Washington, DC 20416.

    SUPPLEMENTARY INFORMATION:

    Pursuant to section 10(a) of the Federal Advisory Committee Act (5 U.S.C. Appendix 2), SBA announces the meeting of the Council on Underserved Communities Advisory Board. This Board provides advice and counsel to the SBA Administrator and Associate Administrator. CUC members will examine the obstacles facing small businesses in underserved communities and recommend to SBA policy and programmatic changes to help strengthen SBA's programs and services to these communities.

    The purpose of this meeting is to discuss following issues pertaining to the CUC Advisory Board.:

    —Provide information on key SBA programs —Board Assignments —Determine the 2016 CUC Agenda FOR FURTHER INFORMATION CONTACT:

    The meeting is open to the public however advance notice of attendance is requested. Anyone wishing to be a listening participant must contact Amadi Anene by phone or email. His contact information is Amadi Anene, Senior Advisor to the Administrator, 409 Third Street SW., Washington, DC 20416, Phone, 202-205-0067 or email, [email protected]

    Additionally, if you need accommodations because of a disability or require additional information, please contact Amadi Anene at the information above.

    Miguel L' Heureux, White House Liaison.
    [FR Doc. 2016-10546 Filed 5-6-16; 8:45 am] BILLING CODE 8025-01-P
    DEPARTMENT OF STATE [Public Notice: 9552] Notice of Information Collection Under OMB Emergency Review: Employee Self Certification and Ability To Perform in Emergencies (ESCAPE) Program ACTION:

    Notice of request for emergency OMB approval and public comment.

    SUMMARY:

    The Department of State has submitted the information collection request described below to the Office of Management and Budget (OMB) for review and approval in accordance with the emergency review procedures of the Paperwork Reduction Act of 1995 (5 CFR 1320.13). The purpose of this notice is to allow for public comment from all interested individuals and organizations. Emergency review and approval of this collection has been requested from OMB by May 23, 2016. If granted, the emergency approval is only valid for 180 days. The Department plans to follow this emergency request with a submission for a 3 year approval through OMB's normal PRA clearance process (5 CFR 1320.10).

    DATES:

    All public comments must be received by May 16, 2016.

    ADDRESSES:

    Direct any comments on this emergency request to both the Department of State Desk Officer in the Office of Information and Regulatory Affairs at the Office of Management and Budget (OMB) and to the Office of Medical Services, U.S. Department of State. All public comments must be received by May 16, 2016.

    You may submit comments to OMB by the following methods:

    Email: [email protected] You must include the DS form number, information collection title, and OMB control number in the subject line of your message.

    Fax: 202-395-5806. Attention: Desk Officer for Department of State.

    You may submit comments to the Office of Medical Services, U.S. Department of State by the following methods:

    Web: Persons with access to the Internet may comment on this notice by going to www.Regulations.gov. You can search for the document by entering “Docket Number: DOS-2016-0026” in the Search field. Then click the “Comment Now” button and complete the comment form.

    Email: Catherine M. Kazmin at [email protected] You must include Emergency Submission Comment on “Employee Self Certification And Ability To Perform In Emergencies” (ESCAPE) Program in the subject line of your message.

    You must include the DS form number (if applicable), information collection title, and the OMB control number in any correspondence.

    FOR FURTHER INFORMATION CONTACT:

    Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed collection instrument and supporting documents to Catherine M. Kazmin who may be reached on 703-875-5413 or at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title of Information Collection: Employee Self Certification And Ability To Perform In Emergencies (ESCAPE) Program.

    OMB Control Number: None.

    Type of Request: Emergency Review.

    Originating Office: Office of Medical Services (MED).

    Form Number: DS-6570.

    Respondents: Non-federal individuals being considered for contracted assignments at ESCAPE-designated posts.

    Estimated Number of Respondents: 200 annually.

    Estimated Number of Responses: 200 annually.

    Average Time per Response: 30 minutes.

    Total Estimated Burden Time: 100 hours annually.

    Frequency: One time per deployment to ESCAPE post.

    Obligation to respond: Mandatory.

    We are soliciting public comments to permit the Department to:

    • Evaluate whether the proposed information collection is necessary for the proper functions of the Department.

    • Evaluate the accuracy of our estimate of the time and cost burden of this proposed collection, including the validity of the methodology and assumptions used.

    • Enhance the quality, utility, and clarity of the information to be collected.

    • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology.

    Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal information, will be available for public review

    Abstract of proposed collection:

    The goal of the “Employee Self Certification And Ability To Perform In Emergencies” (ESCAPE) program is to ensure that non-federal individuals who are being considered for a contracted position at a designated post are capable of the unique, potentially challenging and life threatening conditions at ESCAPE posts. These individuals are required to review with a medical provider the pre-deployment acknowledgement form (DS-6570) and then affirm that they understand the physical rigors and security conditions at these posts and can perform any specified emergency functions. Medical information is collected from medical providers and respondents during this review. The Department of State is requesting an emergency review and approval of this Information Collection so non-federal individuals who will be selected for assignments in June, 2016 can provide completed pre-deployment medical information. This Collection is allowed under the Foreign Service Act of 1980 (22 U.S.C. 3901) and the Basic Authorities Act of 1956 (22 U.S.C. 2651).

    Methodology:

    Information will be collected using a form (DS-6570) during a medical review between a non-federal individual and his/her medical provider. The individual will submit the completed form, signed by both the individual and provider, to the Office of Medical Services at the U.S. Department of State.

    Dated: May 4, 2016. Ernest E. Davis, Director of Medical Clearances, Office of Medical Services, Department of State.
    [FR Doc. 2016-10834 Filed 5-6-16; 8:45 am] BILLING CODE 4710-36-P
    DEPARTMENT OF STATE [Public Notice: 9551] In the Matter of the Designation of Musa Abu Dawud, aka Moussa Abu Daoud, aka Moussa Bourahla, aka Abou Daoud, aka Bourahla Moussa, as a Specially Designated Global Terrorist Pursuant to Section 1(b) of Executive Order 13224, as Amended

    Acting under the authority of and in accordance with section 1(b) of Executive Order 13224 of September 23, 2001, as amended by Executive Order 13268 of July 2, 2002, and Executive Order 13284 of January 23, 2003, I hereby determine that the individual known as Moussa Abu Dawud, also known as Moussa Abu Daoud, also known as Moussa Bourahla, also known as Abou Daoud, also known as Bourahla Moussa committed, or poses a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States. Consistent with the determination in section 10 of Executive Order 13224 that “prior notice to persons determined to be subject to the Order who might have a constitutional presence in the United States would render ineffectual the blocking and other measures authorized in the Order because of the ability to transfer funds instantaneously,” I determine that no prior notice needs to be provided to any person subject to this determination who might have a constitutional presence in the United States, because to do so would render ineffectual the measures authorized in the Order.

    This notice shall be published in the Federal Register.

    John F. Kerry, Secretary of State.
    [FR Doc. 2016-10844 Filed 5-6-16; 8:45 am] BILLING CODE 4710-AD-P
    DEPARTMENT OF STATE [Public Notice: 9550] Bureau of Political-Military Affairs; Modification of Statutory Debarment Imposed Pursuant to Section 127.7(c) of the International Traffic in Arms Regulations—Rocky Mountain Instrument Company ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the Department of State will consider license applications for the indirect participation of Rocky Mountain Instrument Company (“RMI”) in certain transactions subject to the Arms Export Control Act (AECA) (22 U.S.C 2778) without the submission of a transaction exception request as an element of the application.

    DATES:

    This notice is effective on May 9, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Sue Gainor, Director, Office of Defense Trade Controls Compliance, Bureau of Political-Military Affairs, U.S. Department of State (202) 632-2785.

    SUPPLEMENTARY INFORMATION:

    On September 8, 2010, the Department notified the public of a statutory debarment imposed on RMI pursuant to ITAR § 127.7(c) related to RMI's criminal conviction, 75 FR 54692. The notice provided that RMI is “prohibited from participating directly or indirectly in the export of defense articles, including technical data, or in the furnishing of defense services for which a license or other approval is required.” Further, the notice provided that:

    Exceptions, also known as transaction exceptions, may be made to this debarment determination on a case-by-case basis at the discretion of the Assistant Secretary of State for Political-Military Affairs, after consulting with the appropriate U.S. agencies. However, such an exception would be granted only after a full review of all circumstances, paying particular attention to the following factors: Whether an exception is warranted by overriding U.S. foreign policy or national security interests; whether an exception would further law enforcement concerns that are consistent with the foreign policy or national security interests of the United States; or whether other compelling circumstances exist that are consistent with the foreign policy or national security interests of the United States, and that do not conflict with law enforcement concerns. Even if exceptions are granted, the debarment continues until subsequent reinstatement.

    Notwithstanding the prohibition on indirect participation referenced in the original notice of statutory debarment, and in conformance with the stated policy and procedures regarding transaction exceptions, based on overriding national security and foreign policy concerns and after a thorough review of the circumstances surrounding the conviction and a finding that appropriate steps have been taken to mitigate law enforcement concerns, the Under Secretary for Arms Control and International Security has determined to approve specific exceptions from the debarment of RMI, available to persons other than RMI but excluding persons acting for or on behalf of RMI in contravention of ITAR § 127.1(d), for the following categories of authorization requests:

    1. Applications submitted by persons other than RMI for the export or temporary import of defense articles manufactured by RMI (i.e., where RMI is identified as a Source or Manufacturer);

    2. Application submitted by persons other than RMI for the export or temporary import of defense articles manufactured by persons other than RMI which incorporate a defense article manufactured by RMI as a component, accessory, attachment, part, firmware, software, or system;

    3. The use of other approvals (see ITAR § 120.20) by persons other than RMI for the export or temporary import of defense articles described in categories one (1) and two (2) above; and

    4. Applications submitted by persons other than RMI for agreements identified in ITAR Part 124 in which RMI is identified as a U.S. signatory to the agreement.

    All requests for authorizations, or use of exemptions, involving RMI that fall within the scope of the specific categories above will be reviewed and action taken by the Directorate of Defense Trade Controls in the ordinary course of business and do not require the submission of a separate transaction exception request, but should include reference to, or a copy of, this notice. Including an explanation of how the proposed transaction falls within the scope of an exception category above will facilitate review of the request.

    All requests for authorizations involving RMI that do not fall within the scope of the specific categories above must be preceded by the approval of a transaction exception request by the Department. The decision to grant a transaction exception will be made on a case-by-case basis after a full review of all circumstances.

    This notice does not provide notice of reinstatement of export privileges for RMI pursuant to the statutory requirements of AECA Sec. 38(g)(4) (22 U.S.C. 2778), nor does this notice provide notice of rescission of the imposition of statutory debarment of RMI pursuant to ITAR § 127.7(c). As required by the statute, the Department will not consider applications from RMI unless accompanied by a specific transaction exception request. Any determination by the Department regarding reinstatement of export privileges for RMI or rescission of the imposition of statutory debarment of RMI will be made in accordance with statutory and regulatory requirements and will be the subject of a separate notice.

    Dated: April 25, 2016. Rose E. Gottemoeller, Under Secretary, Arms Control and International Security, Department of State.
    [FR Doc. 2016-10843 Filed 5-6-16; 8:45 am] BILLING CODE 4710-25-P
    DEPARTMENT OF STATE [Public Notice: 9549] Notice of Availability of the Draft Environmental Assessment and Preliminary Finding of No Significant Impact for the NuStar Burgos Pipelines Presidential Permit Applications Review, Hidalgo County, Texas AGENCY:

    Department of State.

    ACTION:

    Notice of availability, solicitation of comments.

    SUMMARY:

    The U.S. Department of State (Department) announces availability for public review and comment of the Draft Environmental Assessment (Draft EA) and the Preliminary Finding of No Significant Impact for the NuStar Burgos Pipelines Presidential Permit Applications Review (Preliminary FONSI). These documents evaluate the potential environmental impacts of issuing Presidential Permits to NuStar Logistics, L.P. (NuStar) to authorize in Hidalgo County, Texas: The construction, connection, operation, and maintenance of a proposed new NuStar Burgos pipeline (New Burgos Pipeline); a proposed change in petroleum products for an existing Burgos pipeline (Existing Burgos Pipeline), for which a Presidential Permit was issued in 2006; and a name change of the owner and operator of the Existing Burgos Pipeline. The Draft EA and Preliminary FONSI were prepared consistent with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. Sec. 4321, et seq.), the regulations of the Council on Environmental Quality (CEQ) (40 CFR 1500-1508), and the Department's implementing regulations (22 CFR part 161).

    DATES:

    The Department invites the public, governmental agencies, tribal governments, and all other interested parties to provide comments on the Draft EA and Preliminary FONSI during the 30-day public comment period. The public comment period starts on May 9, 2016, with the publication of this Federal Register Notice and will end June 8, 2016.

    All comments received during the review period may be made public, no matter how initially submitted. Comments are not private and will not be edited to remove identifying or contact information. Commenters are cautioned against including any information that they would not want publicly disclosed. Any party soliciting or aggregating comments from other persons is further requested to direct those persons not to include any identifying or contact information, or information they would not want publicly disclosed, in their comments.

    ADDRESSES:

    Comments on the Draft EA and Preliminary FONSI may be submitted at www.regulations.gov by entering the title of this Notice into the search field and following the prompts. Comments may also be submitted by mail, addressed to: Burgos Project Manager, Office of Environmental Quality and Transboundary Issues (OES/EQT): Suite 2726, U.S. Department of State, 2201 C Street NW., Washington, DC 20520. All comments from agencies or organizations should indicate a contact person for the agency or organization.

    FOR FURTHER INFORMATION CONTACT:

    Project details for the Burgos Pipelines and copies of the Presidential Permit applications, as well as information on the Presidential Permit process are available at the following: http://www.state.gov/e/enr/applicant/applicants/c66757.htm. Please refer to this Web site or contact the Department at the address listed in the ADDRESSES section of this notice.

    SUPPLEMENTARY INFORMATION:

    The Department evaluates Presidential permit applications under E.O. 13337 and E.O. 14432. E.O. 13337 delegates to the Secretary of State the President's authority to receive applications for permits for the construction, connection, operation, or maintenance of facilities for the exportation or importation of petroleum, petroleum products, coal, or other fuels (except for natural gas), at the borders of the United States, and to issue or deny such Presidential Permits upon a national interest determination.

    In December 2014, NuStar submitted two applications to the Department. The first application requests a new Presidential Permit to replace a 2006 Presidential Permit, that would: (1) Reflect NuStar's name change from Valero Logistics Operations, L.P. to NuStar Logistics, L.P. as the owner and operator of the Existing Burgos Pipeline, the 34-mile-long 8-inch outer diameter pipeline and border facilities issued a Presidential Permit in 2006 authorizing import and export of light naphtha and (2) allow the Existing Burgos Pipeline and border facilities to transport a broader range of petroleum products than originally authorized, including diesel, gasoline, jet fuel, liquefied petroleum gas, and natural gas liquids. The second application requests that the Department issue a Presidential Permit for construction, connection, operation, and maintenance of a new 10-inch outer diameter pipeline and associated facilities in the same right of way as the Existing Burgos Pipeline to transport the same range of products as the Existing Burgos Pipeline. Both pipelines would connect the Petroleos Mexicanos (PEMEX) Burgos Gas Plant near Reynosa, Tamaulipas, Mexico and the NuStar terminal near Edinburg, Texas in Hidalgo County, Texas at the United States-Mexico border.

    Availability of the Draft EA and Preliminary FONSI: Copies of the Draft EA and Preliminary FONSI have been distributed to state and governmental agencies, tribal governments and other interested parties. Printed copies of the document may be obtained by visiting the McAllen Public Library, 4001 N. 23rd St., McAllen, TX 78504, or by contacting the Burgos Project Manager at the above address. They are also available at http://www.state.gov/e/enr/applicant/applicants/c66757.htm.

    Deborah Klepp, Director, Office of Environmental Quality and Transboundary Issues, Department of State.
    [FR Doc. 2016-10841 Filed 5-6-16; 8:45 am] BILLING CODE 4710-09-P
    TENNESSEE VALLEY AUTHORITY Meeting of the Regional Energy Resource Council AGENCY:

    Tennessee Valley Authority (TVA)

    ACTION:

    Notice of meeting.

    SUMMARY:

    The TVA Regional Energy Resource Council (RERC) will hold a meeting on Tuesday, May 24 and Wednesday, May 25, 2016, regarding regional energy related issues in the Tennessee Valley.

    The RERC was established to advise TVA on its energy resource activities and the priorities among competing objectives and values. Notice of this meeting is given under the Federal Advisory Committee Act (FACA), 5 U.S.C. App.2.

    The meeting agenda includes the following:

    1. Welcome and Introductions 2. TVA Updates 3. Presentations regarding Distributed Energy Resources, including current approaches, new technologies, and the Evolving Market Place 4. Public Comments 5. Council discussion

    The RERC will hear views of citizens by providing a public comment session starting at 9:00 a.m. EDT, on Wednesday, May 25. The public comment session may last up to one hour. Persons wishing to speak are requested to register at the door by 8:45 a.m. on Wednesday, May 25, and will be called on during the public comment period. Handout materials should be limited to one printed page. Written comments are also invited and may be mailed to the Regional Energy Resource Council, Tennessee Valley Authority, 400 West Summit Hill Drive, WT-9D, Knoxville TN 37902.

    DATES:

    The meeting will be held on Tuesday, May 24, from 10:00 a.m. to 11:45 a.m. and on Wednesday, May 25, from 8:30 a.m. to noon EDT.

    ADDRESSES:

    The meeting will be held at the Chattanoogan Hotel, 1201 South Broad Street, Chattanooga, Tennessee 37402, and will be open to the public. Anyone needing special access or accommodations should let the contact below know at least a week in advance.

    FOR FURTHER INFORMATION CONTACT:

    Beth Keel, 400 West Summit Hill Drive, WT-9D, Knoxville, Tennessee 37902, (865) 632-6113.

    Dated: May 2, 2016. Joseph J. Hoagland, Vice President, Enterprise Relations and Innovation, Tennessee Valley Authority.
    [FR Doc. 2016-10723 Filed 5-6-16; 8:45 am] BILLING CODE 8120-08-P
    DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2007-28043] Hours of Service (HOS) of Drivers; American Pyrotechnics Ass'n. (APA) Application for Exemption From the 14-Hour Rule; Extension of Current APA Exemption Period AGENCY:

    Federal Motor Carrier Safety Administration (FMCSA), DOT.

    ACTION:

    Notice of application for and extension of exemption; request for comments.

    SUMMARY:

    The American Pyrotechnics Association (APA), on behalf of its member companies, has requested additions to and deletions from the list of motor carriers previously granted exemptions for the 2015 and 2016 Independence Day fireworks shows. Fifty-one APA members currently hold such exemptions from the prohibition on driving commercial motor vehicles (CMVs) after the 14th hour after the driver comes on duty. APA requests discontinuance of the exemption for 4 carriers, and new exemptions for 4 carriers, with the total therefore remaining at 51. The “Fixing America's Surface Transportation Act” (FAST Act) extended the expiration date of hours-of-service (HOS) exemptions in effect on the date of enactment of the FAST Act to 5 years from the date of issuance. This notice therefore extends to July 8, 2020, the exemption for the 47 APA members approved in 2015 that wish to retain the exemption. Finally, FMCSA seeks comment on the applications of 4 APA members not previously exempted from the 14-hour rule. Because the FAST Act also authorized new exemptions for a period of up to 5 years, the Agency proposes to grant these 4 motor carriers exemptions that would run through July 8, 2020, and terminate at the same time as the other 47 exemptions. The APA maintains that the terms and conditions of the limited exemption would ensure a level of safety equivalent to, or greater than, the level of safety achieved without the exemption.

    DATES:

    June 8, 2016.

    ADDRESSES:

    You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2007-28043 using any of the following methods:

    Federal eRulemaking Portal: www.regulations.gov. Follow the online instructions for submitting comments.

    Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001.

    Hand Delivery or Courier: West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Fax: 1-202-493-2251.

    Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below.

    Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-line FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line.

    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

    FOR FURTHER INFORMATION CONTACT:

    For information concerning this notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: (202) 366-4325. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.

    SUPPLEMENTARY INFORMATION:

    I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and related materials.

    Submitting Comments

    If you submit a comment, please include the docket number for this notice (FMCSA-2007-28043), indicate the specific section of this document to which the comment applies, and provide a reason for suggestions or recommendations. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission.

    To submit your comment online, go to www.regulations.gov and put the docket number, “FMCSA-2007-28043” in the “Keyword” box, and click “Search.” When the new screen appears, click on “Comment Now!” button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81/2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope.

    Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, “FMCSA-2007-28043” in the “Keyword” box and click “Search.” Next, click “Open Docket Folder” button and choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

    II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request.

    The Agency reviews the safety analyses and the public comments, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reason for the grant or denial, and, if granted, the specific person or class of persons receiving the exemption, and the regulatory provision or provisions from which exemption is granted. The notice must also specify the effective period of the exemption, and explain its terms and conditions. The exemption may be renewed (49 CFR 381.300(b)).

    Section 5206(a)(3) of the FAST Act amended 49 U.S.C. 31315 to permit FMCSA to grant exemptions for up to 5 years from the date of issuance, instead of the previous two years [§ 31315(b)(2)]. This statutory provision will be codified in 49 CFR part 381 in a forthcoming rulemaking. Section 5206(b)(2)(A) of the FAST Act also extended all HOS exemptions in effect on the date of enactment to a period of 5 years from the date of issuance.

    APA Application for Exemption

    The HOS rule in 49 CFR 395.3(a)(2) prohibits the driver of a property-carrying CMV from driving after the 14th hour after coming on duty following 10 consecutive hours off duty. The APA, a trade association representing the domestic fireworks industry, was granted an exemption for 51 member companies for the 2015 and 2016 Independence Day periods [80 FR 37040, June 29, 2015]. APA has requested discontinuing the exemptions for 4 carriers,1 and adding 4 new carriers, maintaining the total at 51. The 51 exemptions granted to APA members in 2015 (now reduced to 47 exemptions) are extended, pursuant to section 5206(b)(2)(A) of the FAST Act, through the annual Independence Day periods ending on July 8, 2020. The exemptions for the 4 new APA carriers, if granted, would expire on July 8, 2020. Although this is less than the 5-year exemption period authorized by 49 U.S.C. 31315(b)(2), as amended by section 5206(a)(3) of the FAST Act, FMCSA believes that the interests of the APA members and the Agency would best be served by harmonizing, as far as possible, the expiration dates of all such fireworks-related exemptions. It should also be noted that section 5206(b)(2)(A) of the FAST Act extends HOS exemptions in effect on the date of enactment “for a period of 5 years from the date such exemption was granted” (emphasis added). FMCSA believes that the intent of the statute was to extend the effective period of an exemption from 2 to 5 years, on the assumption that exemptions begin upon issuance and remain in effect (in most cases) for 2 consecutive years. Since the 2015 fireworks exemption involved 2 separate periods, both ending after “the date such exemption was granted,” the Agency believes the FAST Act amendment is best interpreted as extending the end date of the fireworks exemption—namely July 8 of each year—through 2020. Like the other 47 member-companies that operated under the 2015 exemption, the 4 additional member companies would be subject to all of the terms and conditions of the exemption.

    1 Colonial Fireworks, DOT 177274; Fireworks West Internationale, DOT 245423; USA Halloween Planet Inc. dba USA Fireworks, DOT 725457; Western Fireworks Inc., DOT 838585.

    The initial APA application for relief from the 14-hour rule was submitted in 2004; a copy is in the docket. That application fully describes the nature of the pyrotechnic operations of the CMV drivers during a typical Independence Day period.

    As stated in the 2004 request, the CMV drivers employed by APA member companies are trained pyro-technicians who hold commercial driver's licenses (CDLs) with hazardous materials (HM) endorsements. They transport fireworks and related equipment by CMVs on a very demanding schedule during a brief Independence Day period, often to remote locations. After they arrive, the drivers are responsible for set-up and staging of the fireworks shows.

    The APA states that it is seeking an exemption for an additional 4 member companies because compliance with the current 14-hour rule in 49 CFR 395.3(a)(2) would impose a substantial economic hardship on numerous cities, towns and municipalities, as well as its member companies. To meet the demand for fireworks without the exemption, APA states that its member companies would be required to hire a second driver for most trips. The APA advises that the result would be a substantial increase in the cost of the fireworks shows—beyond the means of many of its members' customers—and that many Americans would be denied this important component of the celebration of Independence Day. The 47 APA member companies currently exempt, as well as the 4 carriers seeking an exemption for the first time, are listed in an appendix to this notice. The 4 new carriers are identified with an asterisk. A copy of the request for the exemption is included in the docket referenced at the beginning of this notice.

    Method To Ensure an Equivalent or Greater Level of Safety

    The APA believes that the new exemptions would not adversely affect the safety of the fireworks transportation provided by these motor carriers. According to APA, its member-companies have operated under this exemption for 10 previous Independence Day periods without a reported motor carrier safety incident. Moreover, it asserts, without the extra time provided by the exemption, safety would decline because APA drivers would be unable to return to their home base after each show. They would be forced to park the CMVs carrying HM 1.1G, 1.3G and 1.4G products in areas less secure than the motor carrier's home base. As a condition of holding the exemption, each motor carrier would be required to notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5) involving the operation of any its CMVs while under this exemption. To date, FMCSA has received no accident notifications, nor is the Agency aware of any accidents reportable under terms of the prior APA exemptions.

    In its exemption request, APA asserts that the operational demands of this unique industry minimize the risks of CMV crashes. In the last few days before July 4, these drivers transport fireworks over relatively short routes from distribution points to the site of the fireworks display, and normally do so in the early morning when traffic is light. At the site, they spend considerable time installing, wiring, and safety-checking the fireworks displays, followed by several hours off duty in the late afternoon and early evening prior to the event. During this time, the drivers are able to rest and nap, thereby reducing or eliminating the fatigue accumulated during the day. Before beginning another duty day, these drivers must take 10 consecutive hours off duty, the same as other CMV drivers.

    Terms and Conditions of the Exemption Period of the Exemption

    The requested exemption from 49 CFR 395.3(a)(2) would be effective from June 28 through July 8, at 11:59 p.m. local time, each year through 2020.

    Terms and Conditions of the Exemption

    During the 2016 Independence Day period, the exemption from 49 CFR 395.3(a)(2) would be limited to drivers employed by the 47 motor carriers already covered by the exemption, plus (if approved) the 4 carriers now seeking an exemption. The four carriers that were not included for the 2015 period are identified by an asterisk. Section 395.3(a)(2) prohibits a driver from driving a CMV after the 14th hour after coming on duty and does not permit off-duty periods to extend the 14-hour limit. Drivers covered by this exemption would be able to exclude off-duty and sleeper-berth time of any length from the calculation of the 14-hour limit. This exemption would be contingent on each driver driving no more than 11 hours in the 14-hour period after coming on duty, as extended by any off-duty or sleeper-berth time in accordance with this exception. The exemption would be further contingent on each driver having a full 10 consecutive hours off duty following 14 hours on duty prior to beginning a new driving period. The carriers and drivers must comply with all other requirements of the Federal Motor Carrier Safety Regulations (49 CFR parts 350-399) and Hazardous Materials Regulations (49 CFR parts 105-180).

    Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce.

    FMCSA Notification

    Exempt motor carriers would be required to notify FMCSA within 5 business days of any accidents (as defined by 49 CFR 390.5) involving the operation of any of their CMVs while under this exemption. The notification must include the following information:

    a. Name of the exemption: “APA,”

    b. Date of the accident,

    c. City or town, and State, in which the accident occurred, or which is closest to the scene of the accident,

    d. Driver's name and driver's license number,

    e. Vehicle number and State license number,

    f. Number of individuals suffering physical injury,

    g. Number of fatalities,

    h. The police-reported cause of the accident,

    i. Whether the driver was cited for violation of any traffic laws, or motor carrier safety regulations, and

    j. The total driving time and the total on-duty time of the CMV driver at the time of the accident.

    Termination

    The FMCSA does not believe the motor carriers and drivers covered by this exemption, if granted, would experience any deterioration of their safety record. However, should this occur, FMCSA would take all steps necessary to protect the public interest, including revocation of the exemption. The FMCSA will immediately revoke the exemption for failure to comply with its terms and conditions. Exempt motor carriers and drivers would be subject to FMCSA monitoring while operating under this exemption.

    Issued on: May 2, 2016. Larry W. Minor, Associate Administrator for Policy. Appendix to Notice of APA Application for Exemption From the 14-Hour Rule During 2016-2020 Independence Day Celebrations; Extension of Current Exemption Motor carrier Street address City, state, zip code DOT No. 1 American Fireworks Company 7041 Darrow Road Hudson, OH 44236 103972 2 American Fireworks Display, LLC P.O. Box 980 Oxford, NY 13830 2115608 3 AM Pyrotechnics, LLC 2429 East 535th Rd Buffalo, MO 65622 1034961 4 Arthur Rozzi Pyrotechnics 6607 Red Hawk Ct Maineville, OH 45039 2008107 5 Atlas PyroVision Entertainment Group, Inc 136 Old Sharon Rd Jaffrey, NH 03452 789777 6 Central States Fireworks, Inc 18034 Kincaid Street Athens, IL 62613 1022659 7 East Coast Pyrotechnics, Inc 4652 Catawba River Rd Catawba, SC 29704 545033 8 Entertainment Fireworks, Inc 13313 Reeder Road SW Tenino, WA 98589 680942 9 Falcon Fireworks 3411 Courthouse Road Guyton, GA 31312 1037954 10 Fireworks & Stage FX America 12650 Hwy 67S. Suite B Lakeside, CA 92040 908304 11 Fireworks by Grucci, Inc 20 Pinehurst Drive BellPort, NY 11713 324490 12 * Flashing Thunder Fireworks dba Legal Aluminum King Mtg 700 E Van Buren Street Mitchell, IA 50461 420413 13 J&J Computing dba Fireworks Extravaganza 174 Route 17 North Rochelle Park, NJ 07662 2064141 14 Gateway Fireworks Displays P.O. Box 39327 St Louis, MO 63139 1325301 15 Great Lakes Fireworks 24805 Marine East Pointe, MI 48021 1011216 16 Hamburg Fireworks Display, Inc 2240 Horns Mill Road SE Lancaster, OH 395079 17 Hawaii Explosives & Pyrotechnics, Inc 17-7850 N. Kulani Road Mountain View, H