Page Range | 1851-2065 | |
FR Document |
Page and Subject | |
---|---|
81 FR 1923 - Regulatory Publication and Review Under the Economic Growth and Regulatory Paperwork Reduction Act of 1996 | |
81 FR 1851 - To Take Certain Actions Under the African Growth and Opportunity Act | |
81 FR 1993 - Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors | |
81 FR 1942 - State Energy Advisory Board (STEAB) | |
81 FR 1969 - Entergy Nuclear Operations, Inc.; Grand Gulf Nuclear Station, Unit 1 | |
81 FR 1937 - Sunshine Act Meeting | |
81 FR 1968 - Advisory Committee on Reactor Safeguards (ACRS) Meeting of the ACRS Subcommittee on Fukushima; Notice of Meeting | |
81 FR 1971 - Advisory Committee on Reactor Safeguards (ACRS) Meeting of the ACRS Subcommittee on Planning and Procedures; Notice of Meeting | |
81 FR 1969 - Advisory Committee on Reactor Safeguards (ACRS) Meeting of the ACRS Subcommittee on Research and Test Reactors; Notice of Meeting | |
81 FR 1970 - Advisory Committee on Reactor Safeguards (ACRS) Meeting of the ACRS Subcommittee on Regulatory Policies and Practices; Notice of Meeting | |
81 FR 1970 - Advisory Committee on Reactor Safeguards (ACRS) Meeting of the ACRS Subcommittee on Plant License Renewal; Notice of Meeting | |
81 FR 1890 - Aspergillus flavus AF36; Time Limited Exemption From the Requirement of a Tolerance | |
81 FR 1986 - Qualification of Drivers; Exemption Applications; Vision | |
81 FR 1995 - Notice and Request for Comments | |
81 FR 1987 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus | |
81 FR 1938 - Certain Oil Country Tubular Goods From Turkey: Rescission of Antidumping Duty Administrative Review; 2014-2015 | |
81 FR 1939 - Polyethylene Retail Carrier Bags From the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2014-2015 | |
81 FR 1963 - Notice of Realty Action: Classification of Lands as Suitable for Recreation and Public Purposes Act Lease, WA | |
81 FR 1984 - Eighth Meeting: RTCA Special Committee (231) Terrain Awareness Warning Systems (TAWS) | |
81 FR 1985 - Twenty-Fifth Meeting: RTCA Special Committee (217) Aeronautical Databases (Joint With EUROCAE WG-44) | |
81 FR 1984 - Sixth Meeting: RTCA Special Committee (232) Airborne Selective Calling Equipment | |
81 FR 1960 - Temporary Mailing Address for the National Commodity Specialist Division, Regulations and Rulings, Office of International Trade | |
81 FR 1959 - Agency Information Collection Activities: Administrative Rulings | |
81 FR 1983 - Commercial Space Transportation Advisory Committee-Public Teleconference | |
81 FR 1900 - Endangered and Threatened Wildlife and Plants; 4(d) Rule for the Northern Long-Eared Bat | |
81 FR 1983 - Review of Foreign Terrorist Organizations Designation for Liberation Tigers of Tamil Eelam | |
81 FR 1983 - In the Matter of the Designation of ISIL Khorasan also known as Islamic State's Khorasan Province also known as ISIS Wilayat Khorasan also known as ISIL's South Asia Branch also known as South Asian Chapter of ISIL as a Foreign Terrorist Organization Pursuant to Section 219 of the Immigration and Nationality Act, as Amended | |
81 FR 1983 - BD Highspire Holdings, LLC-Acquisition and Operation Exemption-Mittal Steel USA-Railways Inc. | |
81 FR 1946 - Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of Delaware | |
81 FR 1967 - Iron Construction Castings From Brazil, Canada, and China; Notice of Commission Determination To Conduct Full Five-Year Reviews | |
81 FR 1944 - Combined Notice of Filings | |
81 FR 1945 - Second Supplemental Notice of Technical Conference | |
81 FR 1946 - North Carolina Electric Membership Corporation, North Carolina Eastern Municipal Power Agency, Fayetteville Public Works Commission, Complainant v. Duke Energy Progress, LLC, Respondents; Notice of Complaint | |
81 FR 1943 - North Carolina Electric Membership Corporation, North Carolina Municipal Power Agency Number 1, Piedmont Municipal Power Agency, City of Concord, NC, City of Kings Mountain, NC v. Duke Energy Carolinas, LLC; Notice of Complaint | |
81 FR 1943 - Martha Coakley, Massachusetts Attorney General; Connecticut Public Utilities Regulatory Authority; Massachusetts Department of Public Utilities; New Hampshire Public Utilities Commission; Connecticut Office of Consumer Counsel; Maine Office of the Public Advocate; George Jepsen, Connecticut Attorney General; New Hampshire Office of Consumer Advocate; Rhode Island Division of Public Utilities and Carriers; Vermont Department of Public Service; Massachusetts Municipal Wholesale Electric Company; Associated Industries of Massachusetts; The Energy Consortium; Power Options, Inc.; and the Industrial Energy Consumer Group, v. Bangor Hydro-Electric Company; Central Maine Power Company; New England Power Company d/b/a National Grid; New Hampshire Transmission LLC d/b/a NextEra; NSTAR Electric and Gas Corporation; Northeast Utilities Service Company; The United Illuminating Company; Unitil Energy Systems, Inc. and Fitchburg Gas and Electric Light Company; Vermont Transco, LLC; Notice of Filing | |
81 FR 1944 - Combined Notice of Filings #2 | |
81 FR 1942 - Combined Notice of Filings #1 | |
81 FR 1966 - Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From China; Scheduling of an Expedited Five-Year Review | |
81 FR 1949 - Formations of, Acquisitions by, and Mergers of Bank Holding Companies | |
81 FR 1948 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company | |
81 FR 1967 - Seamless Refined Copper Pipe and Tube From China and Mexico; Notice of Commission Determination To Conduct Full Five-Year Reviews | |
81 FR 1941 - Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2016 Research Fishery | |
81 FR 1954 - Proposed Information Collection Activity; Comment Request | |
81 FR 1966 - Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From China and Indonesia; Notice of Commission Determination To Conduct Full Five-Year Reviews | |
81 FR 1940 - North Pacific Fishery Management Council; Public Meeting | |
81 FR 1940 - Marine Fisheries Advisory Committee | |
81 FR 1948 - Regulation Q; Regulatory Capital Rules: Risk-Based Capital Surcharges for Global Systemically Important Bank Holding Companies | |
81 FR 1968 - Arts Advisory Panel Meetings | |
81 FR 1968 - Federal Advisory Committee on International Exhibitions (FACIE) Panel Meeting | |
81 FR 1878 - International Fisheries; Pacific Tuna Fisheries; Vessel Register Required Information, International Maritime Organization Numbering Scheme | |
81 FR 1937 - Notice of Public Meeting of the North Carolina (State) Advisory Committee (SAC) for a Meeting To Discuss Potential Project Topics | |
81 FR 1938 - Notice of Public Meeting of the Kentucky Advisory Committee for a Continuation of the Meeting To Discuss Potential Project Topics | |
81 FR 1964 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest | |
81 FR 2000 - Proposed Collection; Comment Request for Form 5316 | |
81 FR 1996 - Proposed Collection; Comment Request for Regulation Project | |
81 FR 1999 - Proposed Collection; Comment Request for Form 4136 | |
81 FR 1996 - Proposed Collection; Comment Request for Form 8910 | |
81 FR 1965 - Certain Electronic Devices Containing Strengthened Glass and Packaging Thereof; Institution of Investigation | |
81 FR 1940 - Submission for OMB Review; Comment Request | |
81 FR 1881 - Approval and Promulgation of Air Quality Implementation Plans; Texas; Infrastructure and Interstate Transport for the 2008 Lead National Ambient Air Quality Standards | |
81 FR 1890 - Approval and Promulgation of Implementation Plans; State of Kansas; Annual Emissions Fee and Annual Emissions Inventory | |
81 FR 1963 - Privacy Act of 1974, as Amended; Notice To Delete an Existing System of Records | |
81 FR 1997 - Privacy Act of 1974 | |
81 FR 1976 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Permit Fees | |
81 FR 1980 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Limit Order Price Protections for Stock-Option Orders | |
81 FR 1971 - Program for Allocation of Regulatory Responsibilities Pursuant to Rule 17d-2; Notice of Filing of Proposed Plan for the Allocation of Regulatory Responsibilities Between the Financial Industry Regulatory Authority, Inc. and the National Stock Exchange, Inc. | |
81 FR 1999 - Open Meeting of the Taxpayer Advocacy Panel Joint Committee | |
81 FR 1952 - Proposed Data Collection Submitted for Public Comment and Recommendations | |
81 FR 1953 - Agency Forms Undergoing Paperwork Reduction Act Review | |
81 FR 1949 - Agency Forms Undergoing Paperwork Reduction Act Review | |
81 FR 1951 - Agency Forms Undergoing Paperwork Reduction Act Review | |
81 FR 1935 - Approval and Promulgation of Air Quality Implementation Plans; Arkansas; Crittenden County Base Year Emission Inventory | |
81 FR 1884 - Approval and Promulgation of Implementation Plans; Arkansas; Crittenden County Base Year Emission Inventory | |
81 FR 1995 - Open Meeting of the Taxpayer Advocacy Panel's Special Projects Committee | |
81 FR 1997 - Open Meeting of the Taxpayer Advocacy Panel Taxpayer Assistance Center Project Committee. | |
81 FR 1998 - Open Meeting of the Taxpayer Advocacy Panel's Tax Forms and Publications Project Committee | |
81 FR 2000 - Open Meeting of the Taxpayer Advocacy Panel Taxpayer Communications Project Committee | |
81 FR 1960 - Mississippi; Major Disaster and Related Determinations | |
81 FR 1998 - Open Meeting of the Taxpayer Advocacy Panel's Toll-Free Phone Line Project Committee | |
81 FR 1999 - Open Meeting of the Taxpayer Advocacy Panel's Notices and Correspondence Project Committee | |
81 FR 1962 - Texas; Amendment No. 1 to Notice of a Major Disaster Declaration | |
81 FR 1962 - Missouri; Amendment No. 1 to Notice of an Emergency Declaration | |
81 FR 1961 - Missouri; Emergency and Related Determinations | |
81 FR 1958 - Proposed Collection; 60-Day Comment Request; Self-Affirmation Construct Validity (NCI) | |
81 FR 1931 - Ex Parte Communications | |
81 FR 1961 - Agency Information Collection Activities: Submission for OMB Review; Comment Request; Assistance to Firefighters Grant Program and Fire Prevention and Safety Grants-Grant Application Supplemental Information | |
81 FR 1897 - Suspension of Community Eligibility | |
81 FR 1894 - Suspension of Community Eligibility | |
81 FR 1955 - Patient and Medical Professional Perspectives on the Return of Genetic Test Results and Interpretations; Public Workshop; Request for Comments | |
81 FR 1957 - Revised Preventive Measures To Reduce the Possible Risk of Transmission of Creutzfeldt-Jakob Disease and Variant Creutzfeldt-Jakob Disease by Blood and Blood Products; Guidance for Industry; Availability | |
81 FR 1947 - Pesticide Product Registration; Fluopyram Receipt of Applications for New Food Uses | |
81 FR 1993 - Graco Children's Products, Inc., Denial of Petition for Decision of Inconsequential Noncompliance | |
81 FR 1985 - Notice of Final Federal Agency Actions on Proposed Highway in North Carolina | |
81 FR 1861 - Community Facilities Technical Assistance and Training Grants | |
81 FR 1887 - Approval of Missouri's Air Quality Implementation Plans; Early Progress Plan of the St. Louis Nonattainment Area for the 2008 Ozone National Ambient Air Quality Standard | |
81 FR 1935 - Approval of Missouri's Air Quality Implementation Plans; Early Progress Plan of the St. Louis Nonattainment Area for the 2008 Ozone National Ambient Air Quality Standard | |
81 FR 1880 - Designation of Offenses | |
81 FR 1882 - Partial Approval and Disapproval of Nevada Air Plan Revisions, Clark County | |
81 FR 1899 - Radio Experimentation and Market Trials-Streamlining Rules | |
81 FR 2003 - Approval, Disapproval and Promulgation of Air Quality Implementation Plans; Partial Approval and Partial Disapproval of Air Quality Implementation Plans and Federal Implementation Plan; Utah; Revisions to Regional Haze State Implementation Plan; Federal Implementation Plan for Regional Haze | |
81 FR 1877 - Amendment of United States Area Navigation (RNAV) Route Q-35, Western United States | |
81 FR 2053 - Automotive Fuel Ratings, Certification and Posting | |
81 FR 1870 - Airworthiness Directives; Airbus Airplanes | |
81 FR 1923 - Stage 5 Airplane Noise Standards | |
81 FR 1874 - Airworthiness Directives; Fokker Services B.V. Airplanes |
Rural Housing Service
International Trade Administration
National Oceanic and Atmospheric Administration
Federal Energy Regulatory Commission
Centers for Disease Control and Prevention
Children and Families Administration
Food and Drug Administration
National Institutes of Health
Federal Emergency Management Agency
U.S. Customs and Border Protection
Fish and Wildlife Service
Land Management Bureau
Prisons Bureau
National Endowment for the Arts
Federal Aviation Administration
Federal Highway Administration
Federal Motor Carrier Safety Administration
National Highway Traffic Safety Administration
Comptroller of the Currency
Internal Revenue Service
Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
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Rural Housing Service, USDA.
Final rule with comments.
Title VI, Section 6006 of the Agricultural Act of 2014 (Pub. L. 113-79)(2014 Farm Bill) authorized the Essential Community Facilities Technical Assistance and Training Program. The Act authorizes the Secretary of Agriculture to make grants to public bodies and private nonprofit corporations, (such as States, counties, cities, townships, and incorporated towns and villages, boroughs, authorities, districts, and Indian tribes on Federal and State reservations) that will serve Rural Areas for the purpose of providing technical assistance and training, with respect to essential community facilities programs. This rule implements Section 6006 of the 2014 Farm Bill, by establishing the policies and procedures for the Technical Assistance and Training (TAT) grants program. The intended effect of this action is to assist rural communities in meeting the community facility needs.
You may submit comments to this rule by any of the following methods:
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All written comments will be available for public inspection during regular work hours at the 300 7th Street, SW., address listed above.
Nathan Chitwood, Regional Coordinator, Rural Housing Service, U.S. Department of Agriculture, 601 Business Loop 70 West, Suite 235, Columbia, MO 65203 telephone: (573) 876-0965. Email contact:
Section 306(a) of the Consolidated Farm and Rural Development Act (CONACT) (7 U.S.C 1926(a)) was amended by Section 6006 of the Agriculture Act of 2014 (Pub. L. 113-79)to establish the Community Facilities Technical Assistance and Training Grants program. This action is needed to implement Section 6006 of the 2014 Farm Bill, which authorizes grants to be made to Public Bodies, Nonprofit Corporations, and Federally-recognized tribes and Indian Tribes on Federal and State Reservations that will serve Rural Areas for the purpose of enabling the Grantees to provide Technical Assistance and training with respect to Essential Community Facilities authorized under Section 306(a)(1) of the CONACT (7 U.S.C. 1926(a)).
Because this grant is new to the Agency, there is no history to use to determine a cost to apply. Therefore, the Agency examined similar programs administered by other agencies within the Department. The Agency used the Rural Utilities Service (RUS) Water and Environmental Programs (WEP) Technical Assistance and Training (TAT) grant as a comparison. The number of applications and the number of awarded grants used in the calculation are the same as the number of WEP TAT applications and grants awarded last year. The Agency based our calculations upon receiving 70 total applications with 35 of them selected for funding. The costs include the estimated time for 70 applicants to complete and submit an application and for the 35 successful applicants to carry out the activities of an awarded grant. The Agency used similar cost projects as used by WEP for their TAT grant. The total expense for all the applicants and successful applicants was estimate to be approximately $188,000.
This program will benefit Rural Area residents by providing training, managerial assistance, and assistance to entities making application to the Community Facilities Program. The Agency understands there is a great need for this type of assistance in Rural Areas.
This final rule has been reviewed under Executive Order (EO) 12866 and has been determined not significant by the Office of Management and Budget (OMB).
The affected programs are listed in the Catalog of Federal Domestic Assistance Program under 10.766, Community Facilities Loans and Grants.
This program is subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. The Agency conducts intergovernmental consultations for each loan in the manner delineated in 2 CFR part 415, subpart C. Note that not all States have chosen to participate in the intergovernmental review process. A list of participating States is available at the following Web site:
This rule has been reviewed in accordance with the requirements of Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” Executive Order (EO) 13175 requires Federal agencies to consult and coordinate with tribes on a government-to-government basis on policies that have tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
The Agency has assessed the impact of this rule on Indian tribes and determined that this rule does not, to our knowledge, have tribal implications that require tribal consultation under EO 13175. However, since technical assistance and training associated with the development of essential community facilities is a resource needed by many Tribes, the Agency commits to provide at least one Tribal Consultation, focused on unique challenges (and potential solutions) coinciding with the implementation of this rule. If a Tribe requests consultation, the Agency will work with the Office of Tribal Relations to ensure meaningful consultation is provided where changes, additions and modifications identified herein are not expressly mandated by Congress. If a tribe would like to engage in consultation with the Agency on this rule, please contact the Agency's Native American Coordinator at (720) 544-2911 or
This rule has been reviewed under Executive Order 12988, Civil Justice Reform. In accordance with this rule: (1) All State and local laws and regulations that are in conflict with this rule will be preempted; (2) no retroactive effect will be given to this rule; and (3) administrative proceedings of the National Appeals Division (7 CFR part 11) must be exhausted before bringing suit in court challenging action taken under this rule unless those regulations specifically allow bringing suit at an earlier time.
The document has been reviewed in accordance with 7 CFR part 1940, subpart G, “Environmental Program.” The Agency has determined that this action does not constitute a major Federal action significantly affecting the quality of the human environment and, in accordance with the National Environmental Policy Act of 1969, 42 U.S.C. 4321
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, the Agency generally must prepare a written Statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, or tribal governments, in the aggregate, or to the private sector, of $100 million or more in any 1 year. When such a Statement is needed for a rule, section 205 of the UMRA generally requires the Agency to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. This final rule contains no Federal mandates (under the regulatory provisions of title II of the UMRA) for State, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of the UMRA.
The Regulatory Flexibility Act (5 U.S.C. 601-612) (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the Agency certifies that the rule will not have an economically significant impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. This rule has been reviewed with regard to the requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612). The undersigned has determined and certified by signature of this document that this rule will not have a significant economic impact on a substantial number of small entities because this rulemaking action does not involve a new or expanded program.
It has been determined, under EO 13132, Federalism, that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Nor does this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required.
The Agency is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.
In accordance with the Paperwork Reduction Act of 1995, the Agency is now seeking the Office of Management and Budget (OMB) approval of the reporting and recordkeeping requirements contained in this rule. This information collection requirement will not become effective until approved by OMB.
The following estimates are based on the average over the first three years the program is in place.
The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.)
If you wish to file a Civil Rights program complaint of discrimination, complete the
Individuals who are deaf, hard of hearing or have speech disabilities and you wish to file either an EEO or program complaint please contact USDA through the Federal Relay Service at (800) 877-8339 or (800) 845-6136 (in Spanish).
Persons with disabilities who wish to file a program complaint, please see information above on how to contact us by mail directly or by email. If you require alternative means of communication for program information (
The following paragraphs discuss each section of the Final rule and provide additional information on the Agency's intent in implementing each section.
This section describes the purpose, scope and applicability of the program. The Agency will make grants to Nonprofit Corporations and Public Bodies, including Federally recognized Tribes and Indian Tribes on Federal and State reservations, to provide to associations Technical Assistance and/or training with respect to essential community facilities programs. In many cases there is a need to hire outside consultants to prepare reports, such as Architectural or financial feasibility, and surveys necessary to request financial assistance to develop the identified community facilities. The Grantee can then assist in preparing applications for financial assistance. If an existing community facility borrower or grantee needs to improve the management, including financial management, related to their existing community facility operations, the Grantee may assist in providing such service. The Agency may also request assistance with other areas of need that have been identified. Any area of need identified will be announced in the Notice.
The Agency recognizes and understands that many smaller, low income rural communities have very limited resources and staff to identify needs, develop application for financing, and operate essential community facilities. In many cases, those communities are governed by volunteers who lack the time or the expertise to develop an essential community facility. These grants will allow the Agency to provide funds to those communities so they may obtain the types of services they need in order to develop their community facility.
It is the intent of this program to assist entities in rural area in accessing funding under the Rural Housing Services Community Facilities Programs.
This section presents program specific definitions to clarify terms used in the rule. Program definitions are found at 7 CFR 3570.63, and apply to this regulation. Many of the definitions in this section are self-explanatory. The following definitions have specific meaning to this regulation:
1. Actual Capacity: The Rural Community Development Initiative (RCDI) Grant uses this term. This term is significant because it describes the level of expertise required by the Technical Assistance Provider. The eligible purposes of the RCDI program are different than this program. The Agency used the basic language of the definition of capacity in the RCDI Grant and modified it to meet the eligible purposes of this grant.
2. Applicant: To be eligible to apply for TAT grant funds, the applicant must be a public body or a private nonprofit corporation, (such as State, county, city, township, and incorporated town and village, borough, authority, district, and Indian tribes on Federal and State reservation). A Nonprofit corporation that applies for this program as a Technical Assistance Provider must be designated tax-exempt by the Internal Revenue Service. This was added by the Agency to ensure that Nonprofit corporations that apply are not structured to only benefit the members of the corporation. This same requirement exists in other USDA grant programs such as the Rural Utilities Service Technical Assistance and Training Grant Program. Nonprofit Corporations applying as Ultimate Recipients must demonstrate Community Ties to the Rural Area. Public bodies and Indian Tribes applying as Ultimate Recipients do not need to further demonstrate Community Ties under this regulation.
3. Audit: Audit is a general term that is used throughout the Agency. The requirements for when an audit is required can be found at 2 CFR parts 200 and 400.
4. Community Ties: this definition is needed to demonstrate the requisite significant ties to the local Rural Area. This definition was taken from existing Agency guidance for the CF program.
5. CONACT: This is the general abbreviation of the Consolidated Farm and Rural Development Act and is widely used throughout the Agency.
6. Conflict of Interest: This is a standard definition that is used by CF in their other programs.
7. DUNS: This is the general abbreviation for the Data Universal Numbering System (DUNS) which is obtained through Dun and Bradstreet. It is a general term used throughout the Agency.
8. Generally Accepted Accounting Principles (GAAP): the standard framework of guidelines for financial accounting used in any given jurisdiction; generally known as accounting standards or standard accounting practice. These include the standards, conventions, and rules that accountants follow in recording and summarizing and in the preparation of financial statements.
9. Indian Tribe: This is the same definition that is used in the Community Facilities Loan and Grant Program. The language in the statute specifically mentioned Indian Tribes located on Federal or State recognized Indian reservations; however, the list of examples was inexhaustive. The Agency determined that this language was not intended to prohibit Indian Tribes not located on a Federal or State recognized reservation from being eligible. The Agency has added all Federal and State recognized Indian Tribes as eligible to apply for this grant. The language is the same as the applicant eligibility requirements of the Community Facility Programs.
10. Jurisdiction: This definition was added so that the Agency could give priority to those projects that serve multiple units of local governance such as counties, cities, townships, special use districts and others.
11. Letter of Conditions: This is a general term used throughout the Agency to describe the document issued by the Agency that lists the requirements that must be met before grant funds are made available to the Grantee.
12. Low Income: The Agency intends for this program to assist low income areas. Additional points are awarded to projects serving low income areas. The Agency will compare the median household income (MHI) of the projects service area to the state's nonmetropolitan median household income. To be inclusive, the Agency is defining low income as being below the state's nonmetropolitan median household income or the poverty line whichever is higher. The MHI is based upon the service area of the facility, not the location. The State's MHI can be obtained by contacting the Agency. The poverty line is defined in a separate definition.
13. Multi-Jurisdictional: The Agency wants to give priority to those projects that cover more than one unit of government. Points are awarded to projects based upon the number of jurisdictions involved in the project. For the purpose of the grant priority will be given to a project that covers at least two jurisdictions. Two or more counties or cities, or Tribes that work together on a project would be considered multi-jurisdictional.
14. Professional Services: The Agency recognizes that one of the major hurdles a potential applicant faces is obtaining funds to hire a professional provider such as an architect, engineer, accountant, and other types of professional services. In order to submit a complete application to the Agency for Community Facility Loans and Grant the applicant may have to provide a preliminary architectural report (PAR), a preliminary engineering report, a financial feasibility report completed by an independent third party, or other types of professional assistance. These professional services many times are not provided by a technical assistance provider. The Agency separated out these types of services so an applicant may apply for grant funds to contract directly for these types of services without having a technical services provider.
15. Project: This is a term used throughout the Agency to describe the eligible purpose that the applicant is seeking grant funding for.
16. Project Cost: This is a term throughout the Agency to describe the amount of funds needed to complete the proposed Project.
17. Secretary: This is the general term used to describe the Secretary of Agriculture.
18. Technical Assistance: The Agency intends for this definition to be broad in order to give applicants the flexibility to solve problems that are important in the rural areas they serve. The technical assistance can include feasibility studies, gathering information for environmental reviews, obtaining professional services, assisting with bookkeeping, providing training for existing facilities, and other types of problem solving activities, but must be for an eligible CF project.
19. Technical Assistance Provider: This is the entity that provides the Technical Assistance.
20. Ultimate Recipient: The Ultimate Recipient is the entity that is be assisted by the applicant. An applicant may also be the Ultimate Recipient. For example, a city may apply for grant funds to hire an architect to complete a Preliminary Architectural Report (PAR) for the construction of a fire station. If the Applicant and the Ultimate Recipient are the same entity, they must meet the definition of both the Applicant and the Ultimate recipient.
This section lists some of the Federal and State Requirements that also apply to this grant.
By statute, the Secretary must make available for this program at least three percent (3%) of the annual appropriated funds for the Community Facilities Loan, Grant and Guaranteed Programs. The Secretary cannot make more than five percent (5%) of those funds available. Because the Agency recognizes that these funds are in great demand to assist entities in rural areas, the Secretary will make the maximum of five percent (5%) available each year unless the Secretary lowers the amount by announcing the reduction in a Notice in the
The Agency encourages any applicant to use matching funds, if available, in order to maximize the program benefit and outreach and to encourage the partnership between the government and the private sector. Priority will be given those applicants who commit matching funds in the amount of at least 5% of the total project costs.
The Agency will administer these funds and award them on a competitive basis.
All references to statutes and regulations will include all successor statutes and regulations.
This section lists the environmental and intergovernmental review policies that must be met. The intergovernmental review process may
This section addresses the eligibility requirement for the Applicant and the Ultimate recipient. The Applicant may apply as a Technical Assistance Provider (not the Ultimate Recipient) or as an Ultimate Recipient.
1. Applicants applying as Technical Assistance Providers must be a Nonprofit corporation with a tax exempt status from the IRS, a Public Body, or Federally recognized Indian Tribe or Indian Tribe on a Federal or State reservation. A Technical Assistance Provider does not have to be located in the rural area. It is the experience of the agency that many experienced Technical Assistance Providers are located outside of the rural area. Therefore, there is no community ties requirement for Technical Assistance Providers. There is a tax-exempt status requirement however. This exists to ensure that the Technical Assistance Providers are operating on a not for profit basis. The applicant may provide the technical assistance through its existing staff, be assisted by an affiliate or member organization that has experience, or contract out for no more than 49% of the expertise needed to provide the technical assistance. The Agency determined that if the applicant had to contract for more than 49% of the technical assistance provided, then the applicant did not possess adequate experience. This same requirement is used in the Agency's Rural Community Development Initiative (RCDI) which also provides technical assistance and training grants.
2. Applicants applying as Ultimate Recipients must meet these same requirements, except that if they are a Nonprofit Corporation, they don't need to demonstrate a tax-exempt status from the IRS. Ultimate Recipients that are nonprofit corporations must demonstrate Community Ties as outlined in § 3570.262(b)(3)(i) through (iii). It is the opinion of the Agency that such ties are necessary to ensure that the project will carry out a public purpose and continue to primarily serve a Rural Area. Ultimate Recipients that are Public bodies or Indian Tribes are not required to further demonstrate Community Ties since these ties are demonstrated by the way the Public Bodies and Indian Tribes are structured. This program is meant to assist entities apply for funding from the Community Facilities programs. If the ultimate recipient for this grant is not eligible to obtain funding from the Community Facilities program, the use of these funds does not meet the intent of this grant.
The statute defines the eligible uses of grant funds. The Agency did not further restrict the purposes in the regulation. The Agency wants this grant program to provide great flexibility and allow the applicants and ultimate recipients to assess their needs and request funds that meet one or more of the eligible purposes.
This section lists activities that cannot be funded with these grants. This grant program is not intended to fund duplicate services including those previously performed. Grant funds cannot be used to pay for expenses reimbursed by other funding sources. Since this is a technical assistance and training grant program, grant funds may not be used to purchase real estate, improve or develop office space or repair and maintain private property. If an applicant or ultimate recipient has these needs, the Community Facilities programs may provide funding for this purpose. Furthermore, funding such purposes with a TAT grant would be duplicative and inconsistent with the authorized intended use of these funds. An applicant cannot obtain grant funds to do outreach to generate applications for the Community Facilities Program without there having been community involvement in identifying an existing need. The applicant may work with ultimate recipients to assist them in making applications to the Community Facilities programs. The assistance may include preparing budgets, compiling information requested by the Agency, or any other assistance which may be requested by the ultimate recipient. The Agency also limited the amount of indirect or administrative costs that can be incurred as part of the project to ten percent (10%). The Agency determined that the demand for these funds far exceed the amount of funds available. The limit on the amount of funds that can be used for indirect or administrative costs will allow more grant funds to be available to assist ultimate recipients. Grant funds may not be used to prepare environmental assessments for the ultimate recipient to make application to the Community Facilities programs. The Agency is ultimately responsible for completing environmental assessments; therefore, the Agency has determined that these grant funds cannot be used for that purpose. The statute further requires that the grant benefit Rural Areas. In order to meet this requirement, the Agency is requiring the ultimate recipient and project to be located in a Rural Area. If either is not located in a Rural Area the project would not be eligible for a TAT grant. The Agency determined that grant funds must be used to provide assistance to a project that primarily serves an area that is considered low income. Limited grant funds should be targeted to those areas with low income. The Community Facilities grant program prohibits projects in areas with a median household income (MHI) exceeding 90% of the State's MHI. This grant is more inclusive as it allows the MHI of the project's service area to be up to 100% of the state's MHI to maximize the number of low income communities that are eligible for this assistance.
This section outlines what is required to submit an application for grant funding. The Agency will publish an annual Notice in the
This section describes how applications will be processed by the Agency. The procedures described in this section are standard procedures and are meant to encourage complete applications and provide the necessary assistance to applicants.
The Agency will score and rank applications based on the income of the service area of the Ultimate Recipients, Multi-Jurisdictions, soundness of approach, matching funds, State Director discretionary points and Administrator discretionary points. Congress mandated that the Agency give priority to applicants that have
All funds will be disbursed in accordance with 2 CFR parts 200 and 400. The grantee may receive advance payments if the grantee demonstrates it has the financial management systems in place to control the grant funds and account for the use of all the grant funds. The Grantee can request a reimbursement method of payment by using Standard Form SF 270 “Request for Advance or Reimbursement”. If the project includes matching funds, the request for grant funds must also account for the usage of any required matching funds.
Any grant cancellations and major changes will be in accordance with 2 CFR parts 200 and 400. This section outlines the requirements for making changes in the scope of work. The Agency understands that projects can change and other needs may be identified. Therefore, the Agency is willing to allow the grantee to request changes to the project. Any changes to the scope of work must also be eligible grant purposes.
This section outlines the reporting requirements the grantee must follow. Reports will be required to be submitted according to the schedule set in the grant agreement, which will be no more frequent than quarterly. The Agency uses these reports to monitor the progress of the project. The report must show how grant funds and any matching funds are spent. The reports will include the SF 425 “Federal Financial Report” and a Project Performance Report. The Agency and the grantee will use these reports to make sure the time schedules are being met and address any challenges that the grantee may be facing. The Agency requires the grantee to list actual accomplishments for each reporting period. The grantee must explain why any objectives were not achieved during the reporting cycle. The Agency will require the grantee to provide a summary of the race, sex, and national origin of the ultimate recipients. This information is used by the Agency to monitor any possible discrimination in its Federal programs. The Agency is requiring additional information to be submitted with the final report. The Agency requests grantees to describe challenges they faced during the project, advice they would give to future grantees, the strengths and weaknesses of the grant, what improvements could be made to the grant process, and the post-grant plans for the project. The Agency will use this feedback to improve the grant process.
Grant programs—Housing and community development, Reporting requirements, Rural areas, and Technical assistance.
For the reasons stated in the preamble, Chapter XXXV, title 7 of the Code of Federal Regulations is amended as follows:
5 U.S.C. 301; 7 U.S.C. 1989.
This subpart contains the provisions and procedures by which the Agency will administer the Essential Community Facilities Technical Assistance and Training Program. The purpose of the program is to provide technical assistance and training with respect to essential community facilities programs. To meet this purpose, the Agency will make grants to public bodies and private nonprofit corporations, (such as States, counties, cities, townships, and incorporated towns and villages, boroughs, authorities, districts, and Indian tribes on Federal and State reservations) to provide associations Technical Assistance and/or training with respect to essential community facilities programs. The Technical Assistance and/or training will assist communities, Indian Tribes, and Nonprofit Corporations to identify and plan for community facility needs that exist in their area. Once those needs have been identified, the Grantee can assist in identifying public and private resources to finance those identified community facility needs.
The definitions and abbreviations in § 3570.53 apply to this subpart unless otherwise provided. In addition, these definitions and abbreviations are used in this subpart:
(1) Obtaining substantial public funding through taxes revenue bonds, or other local Government sources, and/or substantial voluntary community funding, or
(2) Having a broadly-based ownership and control by members of the community, or
(3) Demonstrating all of the following characteristics:
(i) Members of the organization are primarily from the local rural community,
(ii) Membership is open to all adults in the local rural community,
(iii) Members of the organization have ultimate control of the proposed community facility; and
(iv) The organization receives the majority of its funding from its members or their volunteer efforts. Public bodies and Indian Tribes that are applying for funding as Ultimate Recipients or are the benefitting from TAT grant funds as the Ultimate Recipient are not required to further demonstrate Community ties to the local Rural Areas.
(a)
(1) Section 504 of the Rehabilitation Act of 1973.
(2) Civil Rights Act of 1964.
(3) The American with Disabilities Act (ADA) of 1990.
(4) Executive Order 12549 Debarment and Suspension and 2 CFR parts 180 and 417.
(5) Section 319 of Public Law 101-121 on Lobbying.
(6) Age Discrimination Act of 1975.
(7) Fair Housing Act of 1968.
(8) Executive Order 11246 Equal Employment Opportunity.
(9) Title IX of the Education Amendments of 1972.
(10) 2 CFR parts 200 and 400 “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”.
(b) State laws, local laws, regulatory commission regulations. Applicants must comply with all applicable state and local laws and regulatory commission regulations. If there are conflicts between this subpart and State or local laws or regulations, the provisions of this subpart will control.
The Agency will reserve 5 percent of any funds annually appropriated to carry out each of the Essential Community Facilities grant, loan and loan guarantee programs unless otherwise noted in the annual Notice published in the
Any matching funds must comply with the requirements outlined at 2 CFR 200.306.
The Agency will administer these grant funds and will award them on a competitive basis.
All references to statutes and regulations are to include any and all successor statutes and regulations.
All grants awarded under this subpart are subject to the environmental requirements of 7 CFR part 1940, subpart G. Technical Assistance under this program is categorically excluded unless extraordinary circumstances exist.
There are two types of Applicants. The applicant must be either a Technical Assistance Provider or an Ultimate Recipient, and must meet eligibility requirements before being considered for Agency assistance.
(a) Applicants applying as Technical Assistance Providers must:
(1) Be a public body or a private nonprofit corporation, (such as States, counties, cities, townships, and incorporated towns and villages, boroughs, authorities, districts, and Indian tribes on Federal and State reservations);
(2) Be legally established and located within one of the following:
(i) A State as defined § 3570.252; or
(ii) The District of Columbia; and
(3) Have the proven ability, background, experience (as evidenced by the organization's satisfactory completion of Project(s) similar to those proposed), legal authority and actual capacity to provide Technical Assistance and/or training to Ultimate Recipients as provided in § 3570.252. To meet the requirement of actual capacity, an Applicant must either:
(i) Have the necessary resources to provide Technical Assistance and/or training to associations in Rural Areas through its staff,
(ii) Be assisted by an affiliate or member organization which has such background and experience and which agrees, in writing, that it will provide the technical assistance, or
(iii) May contract with a nonaffiliated organization for not more than 49 percent of the awarded grant to provide the proposed technical assistance.
(4) Nonprofits applying as Technical Assistance Providers must be designated tax exempt by the Internal Revenue Service.
(b) Applicants applying as Ultimate Recipients must be:
(1) A public body,
(2) An Indian Tribe, or
(3) A Nonprofit corporation that demonstrates Community ties to the Rural Area by:
(i) Obtaining substantial public funding through taxes revenue bonds, or other local Government sources, and/or substantial voluntary community funding,
(ii) Having a broadly-based ownership and control by members of the community, or
(iii) Demonstrating all of the following characteristics:
(A) Members of the organization are primarily from the local rural community,
(B) Membership is open to all adults in the local rural community,
(C) Members of the organization have ultimate control of the proposed community facility; and
(D) The organization receives the majority of its funding from its members or their volunteer efforts.
(a) Grant funds and any matching funds may be used by Technical Assistance Providers to:
(1) Assist communities in identifying and planning for community facility needs;
(2) Identify resources to finance community facility needs from public and private sources;
(3) Prepare reports and surveys necessary to request financial assistance to develop community facilities;
(4) Prepare applications for Agency financial assistance;
(5) Improve the management, including financial management, related to the operation of community facilities; or
(6) Assist with other areas of need identified by the Secretary.
(b) Grant Funds and any matching funds may be used by Ultimate Recipients only to prepare reports and surveys necessary to request financial assistance to develop community facilities. Applicants applying as Ultimate Recipients will be limited to this purpose.
Ineligible purposes for grant funds and any matching funds include, but are not limited to:
(a) Duplicate services, such as those previously performed by an association's consultant in developing a Project, including feasibility, design, Professional Services, and cost estimates prior to receiving the grant award.
(b) Purchase real estate or vehicles, improve or renovate office space, or repair and maintain privately owned property.
(c) Pay the costs for construction, improvement, rehabilitation, modification, or operation and maintenance of an Essential Community Facility.
(d) Procure applications for the Agency's community facilities or other loan or grant program. Grant funds cannot be used to generate new applications; however, as stated in § 3570.262(c)(4) funds can be used to assist with application preparation for Agency programs.
(e) Pay for other costs that are not allowed under 2 CFR part 200.
(f) Pay an outstanding judgment obtained by the U.S. in a Federal Court (other than in the United States Tax Court), which has been recorded. An Applicant will be ineligible to receive a grant until the judgment is paid in full or otherwise satisfied.
(g) Intervene in Federal or adjudicatory proceedings.
(h) Fund political or lobbying activities.
(i) Conduct an income survey associated with developing a complete application for a potential Applicant.
(j) Pay for indirect or administrative costs in excess of 10% of the amount of grant.
(k) Prepare environmental assessments.
(l) Provide assistance to an Ultimate Recipient, or a Project, that is not located in a Rural Area.
(m) Pay for expenses incurred more than three years after the date of the grant agreement.
(n) Provide assistance to a Project that primarily serves an area that is not considered Low Income.
(o) Fund a project where a Conflict of Interest exists.
(a)
(b)
(1) “Application for Federal Assistance (For Non-Construction)
(2) “Budget Information—Non-Construction Programs.”
(3) “Certification Regarding Debarment, Suspension, and Other Responsibility Matters—Primary Covered Transaction.”
(4) “Certification Regarding Drug-Free Workplace Requirements (Grants) Alternative 1—For Grantees Other Than Individuals.”
(5) “Certification Regarding Debarment.”
(6) Attachment regarding assistance provided to Agency Employees as required by RD Instruction 1900-D (1900.153(a)), as applicable.
(7) “Equal Opportunity Agreement.”
(8) “Assurance Agreement.”
(9) Indirect Cost Rate Agreement (if applicable, Applicant must include approved cost agreement rate schedule).
(10) Statement of Compliance with Title VI of the Civil Rights Act of 1964.
(11) “Disclosure of Lobbying Activities” (include only if grant exceeds $100,000).
(c)
(1) For Nonprofit Corporations,
(i) Certified copies of current organizational documents including Certificate of Incorporation, bylaws, and Certificate of Good Standing,
(ii) Evidence of tax exempt status from the Internal Revenue Service if applying as a Technical Assistance Provider, and
(iii) Evidence of Community Ties to a Rural Area if a Nonprofit Corporation applying as an Ultimate Recipient.
(2) For applicants applying as a Technical Assistance Provider, a narrative of their experience in providing services similar to those proposed. The narrative will provide a brief description of successfully completed Projects including the need that was identified and objectives accomplished.
(3) Latest financial information to show the Applicant's financial capacity to carry out proposed work. A current Audit is preferred; however, Applicants may submit a balance sheet and an income Statement in lieu of an Audit report.
(4) Documentation of cash matching funds, if applicable.
(5) List of proposed services to be provided.
(6) For Applicants applying as Technical Assistance Providers who have not identified the Ultimate Recipients, a narrative explaining how they will select Ultimate Recipients to be assisted with grant funds.
(7) Estimated breakdown of costs (direct and indirect) including those to be funded by Grantee as well as matching funds and other sources. Sufficient detail will be provided to permit the Agency to determine if the costs are allowed, reasonable, and applicable.
(8) Evidence that a Financial Management System used to track Project costs is in place or proposed.
(9) Documentation relevant to scoring criteria including, but not limited to:
(i) List of Ultimate Recipients to be served and the county, State or States where assistance will be provided. Identify Ultimate Recipients by name, or other characteristics such as size, income, location, and provide MHI and population data.
(ii) Description of type of Technical Assistance and/or training to be provided and the tasks to be contracted.
(iii) Description of how the Project will be evaluated, clearly stated goals, and the method proposed to measure results.
(iv) Documentation of the need for the proposed service. Provide detailed explanation of how the proposed service differs from other similar services being provided in same area.
(v) Personnel on staff or to be contracted to provide services and their experience with similar Projects.
(vi) Statement indicating the number of months it will take to complete the Project or service, and
(vii) Documentation on cost effectiveness of Project. Provide the cost per Ultimate Recipient to be served or the proposed cost of personnel to provide assistance.
(a)-(c) [Reserved]
(d) Applications that are not selected for funding due to low rating will be notified by the Agency. Applications that cannot be funded in the fiscal year that the application was received will not be retained for consideration in the following fiscal year.
(e) Applicants selected for funding will need to accept the conditions set forth in the Letter of Conditions, meet all such conditions, and complete a grant agreement which outlines the terms and conditions of the grant award before grant funds will be disbursed.
The Agency will score each application using the following scoring factors unless otherwise provided in an annual Notice in the
(a)
(1) More than 10 years—40 points.
(2) More than 5 years to 10 years—25 points.
(3) 3 to 5 years—10 points.
(b)
(1) Applicant has never received a TAT Grant—5 points.
(2) [Reserved]
(c)
(1) 2,500 or less—15 points.
(2) 2,501 to 5,000—10 points.
(3) 5,001 to 10,000—5 points.
(d)
(1) 60 percent of the State's MHI—15 points.
(2) 70 percent of the State MHI—10 points.
(3) 90 percent of the State's MHI—5 points.
(e)
(1) More than 10 jurisdictions—15 points.
(2) More than 5 to 10 jurisdictions—10 points.
(3) 3 to 5 jurisdictions—5 points.
(f)
(1) Needs assessment: The problem/issue being addressed is clearly defined, supported by data, and addresses the needs;
(2) Goals & objectives are clearly defined, tied to the need as defined in the work plan, and are measurable;
(3) Work plan clearly articulates a well thought out approach to accomplishing objectives & clearly identifies who will be served by the project;
(4) The proposed activities are needed in order for a complete Community Facilities loan and/or grant application.
(g)
(1) There is evidence of the commitment of other cash funds of 20% of the total project costs 10 points.
(2) There is evidence of the commitment of other cash funds of 10% of the total project costs 5 points.
(h)
(i)
The Agency will make payments under this agreement in accordance with 2 CFR 200.305. All requests for advances or reimbursements must be in compliance with 2 CFR 200.306 and include any required matching fund usage.
Any change in the scope of the Project, budget adjustments of more than 10 percent of the total budget, and any other significant change in the Project must be in compliance with 2 CFR 200.308 and 200.339. The changes must be requested in writing and approved by the Agency in writing. Any change not approved may be cause for termination of the grant.
(a) The Grantee must provide periodic reports as required by the Agency. A financial status report, SF 425 “Federal Financial Report,”, and a project performance report will be required as provided in the grant agreement. The financial status report must show how grant funds and matching funds have been used to date. A final report may serve as the last report. Grantees shall constantly monitor performance to ensure that time schedules are being met and projected goals by time periods are being accomplished. The Project performance reports shall include, but are not limited to, the following:
(1) A description of the activities that the funds reflected in the financial status report were used for;
(2) A comparison of actual accomplishments to the objectives for that period;
(3) Reasons why established objectives were not met, if applicable;
(4) Problems, delays, or adverse conditions which will affect attainment of overall program objectives, prevent meeting time schedules or objectives, or preclude the attainment of particular objectives during established time periods. This disclosure shall be accomplished by a Statement of the action taken or planned to resolve the situation;
(5) Objectives and timetables established for the next reporting period;
(6) A summary of the race, sex, and national origin of the Ultimate Recipients;
(7) The final report will also address the following:
(i) What have been the most challenging or unexpected aspects of this grant?
(ii) What advice would you give to other organizations planning a similar grant? What are the strengths and limitations of this grant? If you had the opportunity, what would you have done differently?
(iii) Are there any post-grant plans for this Project? If yes, how will they be financed?
(b) [Reserved]
The Grantee will provide an Audit report or financial Statement in accordance with 2 CFR 200.500-200.517 and as follows:
(a) Grantees expending $750,000 or more Federal funds per fiscal year will submit an Audit conducted in accordance with 2 CFR parts 200, 215, 220, 225, 230 and 400, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.”
(b) Grantees expending less than $750,000 will provide annual financial Statements covering the grant period, consisting of the organization's statement of income and expense and balance sheet signed by an appropriate Official of the organization. Financial statements will be submitted within 90 days after the Grantee's fiscal year.
Grants will be serviced in accordance with 7 CFR part 1951, subpart E.
The Administrator may make an exception to any requirement or provision of this subpart, if such an exception is necessary to implement the intent of the authorizing statutes in a time of national emergency or in accordance with a Presidentially-declared disaster, or on a case-by-case basis, when such an exception is in the best financial interest of the Federal Government and is otherwise not in conflict with applicable laws. No exceptions, however, will be granted for Applicant, Ultimate Recipient, or Project eligibility.
A person may seek a review of an Agency decision under this subpart from the appropriate Agency official that oversees the program in question or appeal to the USDA National Appeals Division in accordance with 7 CFR part 11.
The reporting and recordkeeping requirements contained in this regulation have been submitted to the Office of Management and Budget (OMB) for approval.
Federal Aviation Administration (FAA), Department of Transportation (DOT).
Final rule.
We are superseding Airworthiness Directive (AD) 2004-14-09 for certain Airbus Model A320-211, -212, and -231 airplanes. AD 2004-14-09 required repetitive inspections for fatigue cracking of the lower surface panel on the wing center box, and repair if necessary; and modification of the lower surface panel on the wing center box, which constitutes terminating action for the repetitive inspections. This new AD retains the requirements of AD 2004-14-09, reduces the compliance times for the repetitive inspections, and requires an additional repair for certain airplanes. This AD was
This AD becomes effective February 18, 2016.
The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of February 18, 2016.
The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of August 13, 2004 (69 FR 41398, July 9, 2004).
The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of November 27, 1998 (63 FR 56542, October 22, 1998).
You may examine the AD docket on the Internet at
For service information identified in this final rule, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email
Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149.
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004). AD 2004-14-09 applied to certain Airbus Model A320-211, -212, and -231 airplanes. The NPRM published in the
The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0065, dated March 14, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition on certain Model A320-211, -212, and -231 airplanes. The MCAI states:
During center fuselage certification full scale test, damage was found in the center wing box (CWB) lower surface panel.
This condition, if not detected and corrected, could affect the structural integrity of the CWB.
To prevent such damage, Airbus developed mod 22418 which consists in shot-peening of the lower panel in the related area. Mod 22418 has been embodied in production from aeroplane [manufacturer serial number] (MSN) 0359. For unmodified in-service aeroplanes, Airbus issued Service Bulletin (SB) A320-57-1082 to introduce repetitive High Frequency Eddy Current (HFEC) inspections on the external face of the center wing box lower panel between Frame (FR) 41 and FR42 to detect damage.
DGAC [Direction Générale de l'Aviation Civile] France issued AD 2002-342 [
Since that [DGAC] AD was issued, the results of a survey, carried out on the A320 fleet, highlighted some differences between the mission parameters, mainly on the weight of fuel at landing and on the average flight duration, which are higher than those defined for the analysis of the fatigue related tasks.
These findings have led to an adjustment of the A320 reference fatigue mission. Consequently, the threshold and intervals of these repetitive inspections have been revised and a new threshold figure expressed in flight hours (FH) has been established.
In addition, it has been identified that, on aeroplanes that have been modified in accordance with Airbus SB A320-57-1043 (Airbus mod 22418) at Revision 05 or an earlier Revision, the shot peening may have been improperly done on the Chromic Acid Anodizing (CAA) protection, which has no fatigue benefit effect. Therefore, the inspections per Airbus SB A320-57-1082 are required again on these aeroplanes.
Consequently, new shot-peening procedures with proper CAA protection removal instructions have been developed and their embodiment through Airbus SB A320-57-1043 Revision 06 cancels the repetitive inspections per Airbus SB A320-57-1082, as required by DGAC France AD 2002-342.
For the reasons described above, this new [EASA] AD retains the requirements of DGAC France AD 2002-342, which is superseded, but requires these actions to be accomplished within reduced thresholds and intervals. In addition, the optional terminating action provision (SB A320-57-1043) is amended by including reference to the SB at Revision 06.
The optional terminating action described in Airbus Service Bulletin A320-57-1043, Revision 06, dated December 5, 2013, is accomplishing shot peening in the radius of the milling step between stiffeners 13 and 14 near the fuel pump aperture. You may examine the MCAI in the AD docket on the Internet at
We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (80 FR 26492, May 8, 2015) or on the determination of the cost to the public.
We reviewed the available data and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes:
• Are consistent with the intent that was proposed in the NPRM (80 FR
• Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 26492, May 8, 2015).
Airbus has issued Service Bulletin A320-57-1043, Revision 06, dated December 5, 2013. This service information describes procedures for shot peening in the radius of the milling step between stiffeners 13 and 14 near the fuel pump aperture.
Airbus has also issued Service Bulletin A320-57-1082, Revision 04, dated December 5, 2013. This service information describes procedures for inspections for cracking of the lower surface panel on the wing center box.
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
We estimate that this AD affects 46 airplanes of U.S. registry.
The actions that were required by AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), and retained in this AD take about 25 work-hours per product, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the actions that were required by AD 2004-14-09 is $2,125 per product.
The new requirements of this AD will add no additional economic burden.
We have received no definitive data that will enable us to provide cost estimates for the on-condition actions specified in this AD. We have no way of determining the number of aircraft that might need these actions.
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.
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.
You may examine the AD docket on the Internet at
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
This AD becomes effective February 18, 2016.
This AD replaces AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004).
This AD applies to Airbus Model A320-211, -212, and -231 airplanes, certificated in any category, all manufacturer serial numbers, except those on which Airbus Modification 22418 has been embodied in production.
Air Transport Association (ATA) of America Code 57, Wings.
This AD was prompted by a determination that, based on the average flight duration, the average weight of fuel at landing is higher than that defined for the analysis of the fatigue-related tasks; and that shot peening might have been improperly done on the chromic acid anodizing (CAA) protection, which would adversely affect fatigue crack protection. We are issuing this AD to detect and correct fatigue cracking of the lower surface panel on the wing center box (WCB), which could result in reduced structural integrity of the airplane.
Comply with this AD within the compliance times specified, unless already done.
This paragraph restates the requirements of paragraph (a) of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with no changes. Except as provided by paragraph (k) of this AD: Prior to the accumulation of 20,000 total flight cycles, or within 60 days after November 27, 1998 (the effective date of AD 98-22-05, Amendment 39-10851 (63 FR 56542, October 22, 1998)), whichever occurs later, perform a high frequency eddy current (HFEC) inspection to detect fatigue cracking of the lower surface panel on the WCB, in accordance with Airbus Service Bulletin A320-57-1082, Revision 01, dated December 10, 1997; or Revision 03, dated April 30, 2002. Repeat the HFEC inspection thereafter at intervals not to exceed 7,500 flight cycles until the actions required by paragraph (i) of this AD are accomplished.
This paragraph restates the requirements of paragraph (b) of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with no changes. Except as provided by paragraph (j) of this AD, if any cracking is detected during any inspection required by paragraph (g) of this AD: Prior to further flight, repair in accordance with Airbus
This paragraph restates the requirements of paragraph (c) of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with new terminating action provided. Prior to the accumulation of 25,000 total flight cycles, or within 60 days after November 27, 1998 (the effective date of AD 98-22-05, Amendment 39-10851 (63 FR 56542, October 22, 1998)), whichever occurs later: Perform an HFEC inspection to detect fatigue cracking of the lower surface panel on the WCB, in accordance with Airbus Service Bulletin A320-57-1082, Revision 01, dated December 10, 1997; or Revision 03, dated April 30, 2002. Accomplishment of the initial inspection required by paragraph (p) of this AD constitutes terminating action for the inspection requirements of this paragraph.
(1) If no cracking is detected: Prior to further flight, modify the lower surface panel on the WCB, in accordance with Airbus Service Bulletin A320-57-1043, Revision 02, dated May 14, 1997; or Revision 05, dated April 30, 2002. Accomplishment of the modification constitutes terminating action for the requirements of paragraph (g) of this AD.
(2) Except as provided by paragraph (j) of this AD: If any cracking is detected, prior to further flight, repair in accordance with Airbus Service Bulletin A320-57-1082, Revision 01, dated December 10, 1997, or Revision 03, dated April 30, 2002; and modify any uncracked area, in accordance with Airbus Service Bulletin A320-57-1043, Revision 02, dated May 14, 1997, or Revision 05, dated April 30, 2002. Accomplishment of the repair of cracked area(s) and modification of uncracked area(s) constitutes terminating action for the requirements of paragraph (g) of this AD.
This paragraph restates the requirements of paragraph (d) of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with revised repair instructions. If any cracking is detected during any inspection required by paragraph (h) or (i)(2) of this AD, and the applicable service bulletin specifies to contact Airbus for an appropriate action: Prior to further flight, repair using a method approved by the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate; or the Direction Générale de l'Aviation Civile (DGAC) (or its delegated agent); or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). After the effective date of this AD only repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA; or Airbus's EASA DOA.
This paragraph restates the provision of paragraph (e) of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with no changes. The actions required by paragraph (g) of this AD are not required to be accomplished if the requirements of paragraph (i) of this AD are accomplished at the time specified in paragraph (g) of this AD.
This paragraph restates the requirements of paragraph (f) of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with terminating action provided. For airplanes on which neither the inspection required by paragraph (g) of this AD nor the modification required by paragraph (i)(1) of this AD has been done before August 13, 2004 (the effective date of AD 2004-14-09): Perform an HFEC inspection to detect fatigue cracking of the lower surface panel on the WCB, in accordance with Airbus Service Bulletin A320-57-1082, Revision 01, dated December 10, 1997; or Revision 03, dated April 30, 2002; at the later of the times specified in paragraphs (l)(1) and (l)(2) of this AD. Accomplishment of the inspection required by this paragraph terminates the requirements of paragraph (g) of this AD. Accomplishment of the initial inspection required by paragraph (p) of this AD terminates the inspection requirements of this paragraph.
(1) Prior to the accumulation of 13,200 total flight cycles or 39,700 total flight hours, whichever is first.
(2) Prior to the accumulation of 20,000 total flight cycles, or within 3,500 flight cycles after August 13, 2004 (the effective date of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004)), whichever is later.
This paragraph restates the requirements of paragraph (g) of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with no changes. If no cracking is detected during the inspection required by paragraph (g) or (l) of this AD: Repeat the inspection required by paragraph (l) of this AD at the applicable time specified in paragraph (m)(1) or (m)(2) of this AD. Accomplishment of the modification required by paragraph (i)(1) of this AD terminates the requirements of this paragraph.
(1) For airplanes on which the inspections required by paragraph (g) of this AD have been initiated before August 13, 2004 (the effective date of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004)): Do the next inspection within 5,700 flight cycles after accomplishment of the last inspection, or within 1,800 flight cycles after August 13, 2004, whichever is later. Repeat the inspection thereafter at intervals not to exceed 5,700 flight cycles.
(2) For airplanes on which no inspection required by paragraph (g) of this AD has been done before August 13, 2004 (the effective date of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004)): Do the next inspection within 5,700 flight cycles after accomplishment of the inspection required by paragraph (l) of this AD. Repeat the inspection thereafter at intervals not to exceed 5,700 flight cycles.
This paragraph restates the requirements of paragraph (h) of AD 2004-14-09, Amendment 39-13718 (69 FR 41398, July 9, 2004), with revised repair instructions. If any cracking is detected during any inspection required by paragraph (l) or (m) of this AD, prior to further flight, repair in accordance with Airbus Service Bulletin A320-57-1082, Revision 01, dated December 10, 1997, or Revision 03, dated April 30, 2002; and modify any uncracked area, in accordance with Airbus Service Bulletin A320-57-1043, Revision 02, dated May 14, 1997, or Revision 05, dated April 30, 2002. Where Airbus Service Bulletin A320-57-1082 specifies to contact Airbus for an appropriate repair action: Prior to further flight, repair using a method approved by the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate; or the DGAC (or its delegated agent)); or EASA; or Airbus's EASA DOA. After the effective date of this AD only repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or Airbus's EASA DOA. Accomplishment of the repair of cracked area(s) and modification of uncracked area(s) constitutes terminating action for the requirements of paragraphs (g) through (n) of this AD.
For airplanes on which the actions specified in Airbus Service Bulletin A320-57-1043 have not been accomplished, and on which a repair has been accomplished, as specified in the service information identified in paragraph (o)(1), (o)(2), (o)(3), or (o)(4) of this AD: Within 30 days after the effective date of this AD, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; the EASA; or Airbus's EASA DOA.
(1) Airbus Service Bulletin A320-57-1082, dated October 31, 1996.
(2) Airbus Service Bulletin A320-57-1082, Revision 01, dated December 10, 1997.
(3) Airbus Service Bulletin A320-57-1082, Revision 02, dated July 26, 1999.
(4) Airbus Service Bulletin A320-57-1082, Revision 03, dated April 30, 2002.
At the applicable time specified in paragraphs (p)(1) and (p)(2) of this AD: Do an HFEC inspection for cracking of the lower surface panel on the WCB, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-57-1082, Revision 04, dated December 5, 2013. Repeat the inspection of the lower surface panel on the WCB thereafter at intervals not to exceed 7,200 flight cycles or 14,400 flight hours, whichever occurs first. Accomplishment of
(1) For airplanes on which the actions specified in Airbus Service Bulletin A320-57-1043 have not been done: At the later of the times specified in paragraphs (p)(1)(i) and (p)(1)(ii) of this AD.
(i) Before the accumulation of 20,700 flight cycles or 41,400 flight hours, whichever occurs first since first flight of the airplane.
(ii) Within 7,200 flight cycles or 14,400 flight hours, whichever occurs first after doing the most recent inspection as specified in the service information specified in paragraph (o)(1), (o)(2), (o)(3), or (o)(4) of this AD.
(2) For airplanes on which the actions specified in Airbus Service Bulletin A320-57-1043 have been done: At the latest of the times specified in paragraphs (p)(2)(i), (p)(2)(ii), and (p)(2)(iii) of this AD.
(i) Within 7,200 flight cycles or 14,400 flight hours, whichever occurs first since doing the actions specified in Airbus Service Bulletin A320-57-1043.
(ii) Within 3,750 flight cycles or 7,500 flight hours, whichever occurs first after July 31, 2012 (as described in Airbus Service Bulletin A320-57-1082, Revision 04, dated December 5, 2013).
(iii) Within 850 flight cycles or 1,700 flight hours, whichever occurs first after the effective date of this AD.
If any crack is found during any inspection required by paragraph (p) of this AD: Before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; the EASA; or Airbus's EASA DOA.
Modification of an airplane, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-57-1043, Revision 06, dated December 5, 2013, constitutes terminating action for the actions required by paragraph (p) of this AD.
This paragraph provides credit for applicable actions required by paragraphs (g) through (n) of this AD, if those actions were performed before the effective date of this AD using the applicable Airbus Service Information provided in paragraphs (s)(1) through (s)(8) of this AD.
(1) Airbus Service Bulletin A320-57-1043, dated February 16, 1993, which is not incorporated by reference in this AD.
(2) Airbus Service Bulletin A320-57-1043, Revision 01, dated June 14, 1996, which is not incorporated by reference in this AD.
(3) Airbus Service Bulletin A320-57-1043, Revision 02, dated May 14, 1997, which was incorporated by reference on November 27, 1998 (63 FR 56542, October 22, 1998).
(4) Airbus Service Bulletin A320-57-1043, Revision 03, dated October 24, 1997, which is not incorporated by reference in this AD.
(5) Airbus Service Bulletin A320-57-1043, Revision 04, dated May 15, 1999, which is not incorporated by reference in this AD.
(6) Airbus Service Bulletin A320-57-1082, Revision 01, dated December 10, 1997, which was incorporated by reference on November 27, 1998 (63 FR 56542, October 22, 1998).
(7) Airbus Service Bulletin A320-57-1082, Revision 02, dated July 26, 1999, which is not incorporated by reference in this AD.
(8) Airbus Service Bulletin A320-57-1082, Revision 03, dated April 30, 2002, which was incorporated by reference on August 13, 2004 (69 FR 41398, July 9, 2004).
The following provisions also apply to this AD:
(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0065, dated March 14, 2014, for related information. This MCAI may be found in the AD docket on the Internet at
(2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (v)(6) and (v)(7) of this AD.
(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.
(3) The following service information was approved for IBR on February 18, 2016.
(i) Airbus Service Bulletin A320-57-1043, Revision 06, dated December 5, 2013.
(ii) Airbus Service Bulletin A320-57-1082, Revision 04, dated December 5, 2013. (4) The following service information was approved for IBR on August 13, 2004 (69 FR 41398, July 9, 2004).
(i) Airbus Service Bulletin A320-57-1043, Revision 05, dated April 30, 2002.
(ii) Airbus Service Bulletin A320-57-1082, Revision 03, dated April 30, 2002.
(5) The following service information was approved for IBR on November 27, 1998 (63 FR 56542, October 22, 1998).
(i) Airbus Service Bulletin A320-57-1043, Revision 02, dated May 14, 1997. Pages 1 through 6, 8, 13, and 14 of this service bulletin are marked Revision 02, dated May 14, 1997; pages 7, 9 through 12, and 15 of this service bulletin are from the original issue, dated February 16, 1993.
(ii) Airbus Service Bulletin A320-57-1082, Revision 01, dated December 10, 1997.
(6) For service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email
(7) 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.
(8) 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:
Federal Aviation Administration (FAA), Department of Transportation (DOT).
Final rule.
We are adopting a new airworthiness directive (AD) for all Fokker Services B.V. Model F.28 Mark
This AD becomes effective February 18, 2016.
The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of February 18, 2016.
You may examine the AD docket on the Internet at
For service information identified in this final rule, contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 (0)88-6280-111; email
Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149.
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Fokker Services B.V. Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes. The NPRM published in the
The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0109, dated May 8, 2014 (referred to after this the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Fokker Services B.V. Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes. The MCAI states:
Prompted by an accident * * *, the Federal Aviation Administration (FAA) published Special Federal Aviation Regulation (SFAR) 88 [(66 FR 223086, May 7, 2001)], and the Joint Aviation Authorities (JAA) published Interim Policy INT/POL/25/12.
The review conducted by Fokker Services on the Fokker F28 design, in response to these regulations, revealed that no controlled bonding provisions are present on a number of critical locations outside the fuel tank.
This condition, if not corrected, could create an ignition source in the fuel tank vapour space, possibly resulting in a fuel tank explosions and consequent loss of the aeroplane.
To address this potential unsafe condition, Fokker Services developed a set of fuel tank bonding modifications.
For the reasons described above, this [EASA] AD requires the installation of additional and improved bonding provisions. These modifications do not require opening of the fuel tank access panels.
More information on this subject can be found in Fokker Services All Operators Message AOF28.038#02.
We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (80 FR 34106, June 15, 2015) or on the determination of the cost to the public.
We reviewed the relevant data and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes:
• Are consistent with the intent that was proposed in the NPRM (80 FR 34106, June 15, 2015) for correcting the unsafe condition; and
• Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 34106, June 15, 2015).
Fokker Services B.V. has issued Fokker F28 Appendix SB SBF28-28-059/APP01, dated July 15, 2014, of Fokker F28 Proforma Service Bulletin SBF28-28-059, Revision 1, dated July 15, 2014. The service information describes procedures for the installation of additional bonding provisions outside the fuel tank. 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
We estimate that this AD affects 5 airplanes of U.S. registry.
We also estimate that it will take about 11 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 $140 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $5,375, or $1,075 per product.
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.
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.
You may examine the AD docket on the Internet at
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
This AD becomes effective February 18, 2016.
None.
This AD applies to Fokker Services B.V. Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes, certificated in any category, all serial numbers.
Air Transport Association (ATA) of America Code 28, Fuel.
This AD was prompted by a design review, which revealed that no controlled bonding provisions are present on a number of critical locations outside the fuel tank. We are issuing this AD to prevent an ignition source in the fuel tank vapor space, which could result in a fuel tank explosion and consequent loss of the airplane.
Comply with this AD within the compliance times specified, unless already done.
Within 24 months after the effective date of this AD, install additional and improved fuel system bonding provisions, in accordance with the Accomplishment Instructions of Fokker F28 Appendix SB SBF28-28-059/APP01, dated July 15, 2014, of Fokker F28 Proforma Service Bulletin SBF28-28-059, Revision 1, dated July 15, 2014.
At the later of the times specified in paragraphs (h)(1) and (h)(2) of this AD: Revise the airplane maintenance or inspection program, as applicable, by incorporating the fuel airworthiness limitation items and critical design configuration control limitations (CDCCLs) specified in paragraph 1.L.(1)(b) of Fokker F28 Appendix SB SBF28-28-059/APP01, dated July 15, 2014, of Fokker F28 Proforma Service Bulletin SBF28-28-059, Revision 1, dated July 15, 2014.
(1) Before further flight, after accomplishing the installation required by paragraph (g) of this AD.
(2) Within 30 days after the effective date of this AD.
After incorporating the revision required by paragraph (h) of this AD, no alternative actions (
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149. Information may be emailed to:
(2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Fokker B.V. Service's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.
Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0109, dated May 8, 2014, for related information. This MCAI may be found in the AD docket on the Internet at
(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) Fokker F28 Proforma Service Bulletin SBF28-28-059, Revision 1, dated July 15, 2014.
(ii) Fokker F28 Appendix SB SBF28-28-059/APP01, dated July 15, 2014.
(3) For service information identified in this AD, contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 (0)88-6280-111; email
(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:
Federal Aviation Administration (FAA), DOT.
Final rule; technical amendment.
This action makes an editorial change to the legal description of United States Area Navigation Route Q-35 to reverse the order of points listed in the route description in FAA Order 7400.9. This action is simply to comply with the standard format for describing routes. The existing alignment of the airway is not affected by this action.
Effective date 0901 UTC, March 31, 2016. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.
FAA Order 7400.9Z, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at
FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15.
Jason Stahl, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783.
The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it is merely an editorial change of the legal description of Q-35 to comply with existing administrative format procedures.
Airway and route legal descriptions are published in FAA Order 7400.9Z, Airspace Designations and Reporting Points. Current format guidelines for these legal descriptions require that the order of points in a description be listed from “west-to-east” or from “south-to-north,” as applicable. The description for Q-35 lists the points from “north-to-south.” This rule simply reverses the order of the points listed in Order 7400.9Z to a “south-to-north” format for standardization.
United States Area Navigation Routes are published in paragraph 2006 of FAA Order 7400.9Z, dated August 6, 2015, and effective September 15, 2015, which is incorporated by reference in 14 CFR 71.1. The United States Area Navigation Route listed in this document will be published subsequently in the Order.
This document amends FAA Order 7400.9Z, airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015. FAA Order 7400.9Z is publicly available as listed in the
This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by reversing the order of points listed in the legal description of United States Area Navigation Route Q-35 as published in FAA Order 7400.9Z, Airspace Designations and Reporting Points. This is only an editorial change revising the order “south to north” instead of “north to south” to comply with the standard route description format. The change does not alter the current alignment of Q-35 and the airway track is correct on aeronautical charts.
Since this action merely involves an editorial change in the legal description of United States Area Navigation Route Q-35 to standardize the format, and does not involve a change in the dimensions or operating requirements of the affected route, notice and public procedure under 5 U.S.C. 553(b) are unnecessary.
The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, paragraph 5-6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.
Airspace, Incorporation by reference, Navigation (air).
In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:
49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Final rule.
NMFS is issuing regulations to implement a resolution adopted by the Inter-American Tropical Tuna Commission (IATTC) that requires U.S. vessels fishing for tuna and tuna-like species with a capacity equal to or greater than 100 gross resister tons (GRT) to have an International Maritime Organization (IMO) number. The IMO number will be included with information the United States sends to the IATTC for vessels authorized to fish for tuna and tuna-like species in the IATTC Convention Area, and will enable more effective tracking of vessels that may be engaging in illegal, unreported, and unregulated fishing.
This final rule is effective February 13, 2016.
Written comments regarding the burden-hour estimates or other aspects of the collection of information requirements contained in this final rule may be submitted to Chris Fanning, NMFS West Coast Region and by email to
Chris Fanning, NMFS, West Coast Region, 562-980-4198.
On October 27, 2015, NMFS published a proposed rule in the
As a Contracting Party to the 1949 Convention for the Establishment of an Inter-American Tropical Tuna Commission, and a member of the IATTC, the United States is legally bound to implement decisions of the IATTC. The Tuna Conventions Act (TCA) (16 U.S.C. 951-962), as amended on November 5, 2015, by Title II of Public Law 114-81, directs the Secretary of Commerce, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the Department of Homeland Security, to promulgate such regulations as may be necessary to carry out the United States' international obligations under the IATTC Convention, including recommendations and decisions adopted by the IATTC. The Secretary's authority to promulgate such regulations has been delegated to NMFS. The proposed rule included background information on the TCA and the IATTC, the international obligations of the United States under the TCA, and the basis for the proposed regulations, and therefore, is not repeated here. There have been no changes from the proposed rule in this final rule.
For each of the subject fishing vessels, this final rule requires that the owner of the fishing vessel ensure that an IMO number has been issued for the vessel or apply to NMFS for an exemption from the requirement. In the event that a fishing vessel owner is unable to ensure that an IMO number is issued for the fishing vessel after following the instructions given by the designated manager of the IMO ship identification number scheme, the fishing vessel owner may request an exemption from the requirement from the West Coast Regional Administrator. Upon receipt of a request for an exemption, the West Coast Regional Administrator will assist the fishing vessel owner in requesting an IMO number. If the West Coast Regional Administrator determines that the fishing vessel owner has followed all appropriate procedures but is unable to obtain an IMO number for the fishing vessel, he or she will issue an exemption from the requirements for the vessel and its owner and notify the owner of the exemption. NMFS notes that IHS Maritime, the company that provides fishing vessels with an IMO number, is a private third party. Because of this, it is conceivable that an eligible vessel may not be able to complete the necessary steps and supply the required information, resulting in a denied vessel number request.
To minimize the burden on affected U.S. businesses, NMFS is not requiring that vessel owners report the IMO numbers associated with their vessel to NMFS. NMFS will collect that information from IHS Maritime directly and via data available from the United States Coast Guard.
The NMFS Assistant Administrator has determined that this final rule is consistent with the TCA and other applicable laws.
This final rule has been determined to be not significant for purposes of Executive Order 12866.
Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a Final Regulatory Flexibility Analysis was not required and none was prepared.
This action contains a collection-of-information requirement subject to PRA, which has been approved by the Office of Management and Budget (OMB) under OMB Control Number 0648-0387. A request for revision to account for the additional information that would be required pursuant to this rule is under OMB review. Public reporting burden for obtaining an IMO number, or for making an IMO exemption request are each estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate, or any other aspect of this data collection, including suggestions for reducing the burden, to NMFS (see
Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. All currently approved NOAA collections of information may be viewed at:
Reporting and recordkeeping requirements.
Administrative practice and procedure, Fish, Fisheries, Fishing, Marine resources, Vessels, Reporting and recordkeeping requirements, Treaties.
For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR part 300 are amended as follows:
44 U.S.C. 3501
(b) * * *
16 U.S.C. 951
(b) * * *
(3)
(ii)
(iii)
(iv)
(v)
Federal Bureau of Prisons.
Final rule.
The Bureau of Prisons (Bureau) removes rules which designated various offenses as sexual offenses for purposes of 18 U.S.C. 4042(c) because that provision, which necessitated regulations, has been repealed in relevant part.
This rule is effective on February 16, 2016.
Sarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202) 307-2105.
The Bureau removes rules which designated various offenses as sexual offenses for purposes of 18 U.S.C. 4042(c) because that provision, which necessitated regulations, has been repealed in relevant part. The Bureau published a proposed rule on this subject on February 8, 2013 (78 FR 9353). We received no comments on the proposed rule.
Previously, section 4042(c) of Title 18, United States Code, effective November 26, 1998, provided for notification of sex offender release and certain related functions to facilitate effective sex offender registration and tracking. Notifications were required to be made for persons convicted of the federal offenses noted in subsection (c)(4)(A) through (D). Subsection (c)(4)(E) authorized the Attorney General to designate other offenses as sexual offenses for purposes of subsection (c). The Attorney General delegated this authority to the Director of the Bureau of Prisons. (
The 1998 interim rule designated additional offenses which are to be considered sexual offenses for purposes of 18 U.S.C. 4042(c). These additional designations, listed in current § 571.72, include state sexual offenses, District of Columbia Code sexual offenses, and certain Uniform Code of Military Justice offenses.
The regulations, therefore, were specifically promulgated in accordance with language in § 4042(c)(4)(E) providing that offenses in addition to those specifically enumerated at § 4042(c)(4)(A)-(D) may be “designated by the Attorney General as a sexual offense for the purposes of this subsection.”
However, 18 U.S.C. 4042(c)(4) was repealed by the Sex Offender Registration and Notification Act (SORNA), which is Title I of the Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. 109-248). Because the revised § 4042(c) requires release notice for persons required to register under SORNA, the Bureau no longer needs to separately designate sexual offenses in addition to those set forth by the statute. The offenses previously listed in the regulation are generally incorporated in SORNA's comprehensive list of covered offenses, thereby rendering the Bureau's current regulations in subpart H of 28 CFR part 571 unnecessary. We therefore now remove and reserve 28 CFR part 571, subpart H.
This regulation has been drafted and reviewed in accordance with Executive Order 12866, “Regulatory Planning and Review” section 1(b), Principles of Regulation and in accordance with Executive Order 13563 “Improving Regulation and Regulatory Review” section 1(b) General Principles of Regulation.
The Department of Justice has determined that this rule is not a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review, and accordingly this rule has not been reviewed by the Office of Management and Budget.
Further, both Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Department has assessed the costs and benefits of this regulation and believes that the regulatory approach selected maximizes net benefits.
This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or on distribution of power and responsibilities among the various levels of government. Under Executive Order 13132, this rule does not have sufficient federalism implications for which we would prepare a Federalism Assessment.
The Director of the Bureau of Prisons, under the Regulatory Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation. By approving it, the Director certifies that it will not have a significant economic impact upon a substantial number of small entities because: This rule is about the correctional management of offenders committed to the custody of the Attorney General or the Director of the Bureau of Prisons, and its economic impact is limited to the Bureau's appropriated funds.
This rule will not cause State, local and tribal governments, or the private sector, to spend $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. We do not need to take action under the Unfunded Mandates Reform Act of 1995.
This rule is not a major rule as defined by § 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets.
Prisoners.
Under rulemaking authority vested in the Attorney General in 5 U.S.C. 301 and 28 U.S.C. 509, 510, and delegated to the Director, Bureau of Prisons in 28 CFR 0.96, we amend 28 CFR part 571 as set forth below.
5 U.S.C. 301; 18 U.S.C. 3565, 3568-3569 (Repealed in part as to offenses committed on or after November 1, 1987), 3582, 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 4161-4166 and 4201-4218 (Repealed as to offenses committed on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5031-5042; 28 U.S.C. 509, 510; U.S. Const., Art. II, Sec. 2; 28 CFR 0.95-0.99, 1.1-1.10.
Environmental Protection Agency (EPA).
Final rule.
Under the Federal Clean Air Act (CAA) the Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) submission from the State of Texas for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS). The submittal addresses how the existing SIP provides for implementation, maintenance, and enforcement of the 2008 Pb NAAQS (infrastructure SIP or i-SIP). This i-SIP ensures that the State's SIP is adequate to meet the state's responsibilities under the CAA, including the four CAA requirements for interstate transport of Pb emissions.
This final rule is effective on February 16, 2016.
The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2011-0864. All documents in the docket are listed on the
Tracie Donaldson, 214-665-6633,
Throughout this document “we,” “us,” and “our” means the EPA.
The background for this action is discussed in detail in our October 15, 2015, proposal (80 FR 62003). In that document, we proposed that the Texas i-SIP submittal for the 2008 Pb NAAQS met the requirements for an i-SIP, including the requirements for interstate transport of Pb emissions. This action is being taken under section 110 of the Act. We did not receive any comments regarding our proposed approval.
We are approving the September 8, 2011 and October 13, 2011, submissions from Texas, which address the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2008 Pb NAAQS. Specifically, we are approving these infrastructure elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). We are also approving the Texas demonstration that it meets the four statutory requirements for interstate transport of Pb emissions.
Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:
• Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501
• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601
• Does not contain any unfunded mandate or significantly or uniquely affect small governments, described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
• Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and
• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The Congressional Review Act, 5 U.S.C. 801
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 14, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposed of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)).
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead (Pb), Reporting and recordkeeping requirements.
40 CFR part 52 is amended as follows:
42 U.S.C. 7401
(e) * * *
Environmental Protection Agency (EPA).
Final rule.
The Environmental Protection Agency (EPA) is finalizing a partial approval and partial disapproval of revisions to the Clark County portion of the Nevada State Implementation Plan (SIP). The SIP revisions include rescission of four local rules that collectively apply to sources that emit volatile organic compounds (VOCs), oxides of sulfur (SO
This rule is effective on February 16, 2016.
The EPA has established docket number EPA-R09-OAR-2015-0673 for this action. Generally, documents in the docket for this action are available electronically at
Kevin Gong, EPA Region IX, (415) 972-3073,
Throughout this document, “we,” “us” and “our” refer to the EPA.
On November 5, 2015 (80 FR 68486), under section 110(k)(3) of the Clean Air Act (CAA or “Act”), the EPA proposed a partial approval and partial disapproval of the rescission of four local rules submitted by the Nevada Division of Environmental Protection (NDEP) on November 20, 2014 as a revision to the Clark County portion of the Nevada SIP.
Table 1 lists the rule rescissions that the EPA is approving in today's action, as currently ordered in the Nevada SIP.
Table 2 lists the rule rescissions that the EPA is disapproving in today's action, as currently ordered in the Nevada SIP.
We proposed approval of the rescission of CCAQR sections 29 and 30, as approved into the SIP, based on our conclusion that these rules were not specifically required under the CAA and that rescission would be consistent with section 110(l) of the CAA,
1. The rescission of Section 52 would allow an increase in VOC emissions from gasoline dispensing facilities that would not be controlled by other regulations.
2. The rescission of Section 60 would allow an increase in VOC emissions from the allowance of cutback asphalt use during summer months that would not be controlled by other regulations.
Our proposed action contains more information on the basis for this rulemaking and on our evaluation of the submittal.
The EPA's proposed action provided a 30-day public comment period. During this period, we received no comments.
Under section 110(k)(3) of the Act, the EPA is finalizing a partial approval and partial disapproval of the SIP revision submitted by NDEP on November 20, 2014. More specifically, we are approving the rescission of CCAQR Sections 29 and 30 from the Nevada SIP and we are disapproving the rescission of CCAQR Sections 52 and 60. Rescission of CCAQR Sections 29 and 30 means the removal of the rules from the Nevada SIP. Disapproval of the rescission of CCAQR Sections 52 and 60 means that the rules remain in the Nevada SIP.
This final partial disapproval does not trigger sanctions or a Federal Implementation Plan (FIP) clock. Sanctions will not be imposed under CAA section 179(b) because the SIP submittal that we are partially disapproving is not a required SIP submittal. The EPA will not promulgate a FIP in this instance under CAA section 110(c)(1) because the partial disapproval of the SIP revision retains existing SIP rules and does not reveal a deficiency in the SIP for the area that a FIP must correct.
Additional information about these statutes and Executive Orders can be found at
This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review.
This action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by state law.
I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by state law.
This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to state, local, or tribal governments, or to the private sector, will result from this action.
This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.
This action does not have tribal implications, as specified in Executive Order 13175, because the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action.
The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not impose additional requirements beyond those imposed by state law.
This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.
Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because application of those requirements would be inconsistent with the CAA.
The EPA lacks the discretionary authority to address environmental justice in this rulemaking.
This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 14, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)).
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows:
42 U.S.C. 7401
Environmental Protection Agency (EPA).
Direct final rule.
The Environmental Protection Agency (EPA) is approving a revision to the Arkansas State Implementation Plan (SIP) submitted to meet the Clean Air Act (CAA) emissions inventory (EI) requirement for the Crittenden County ozone nonattainment area. EPA is approving the SIP revision because it
This rule is effective on March 14, 2016 without further notice, unless the EPA receives relevant adverse comment by March 14, 2016. If the EPA receives such comment, the EPA will publish a timely withdrawal in the
Submit your comments, identified by Docket No. EPA-R06-OAR-2015-0647, at
Mr. Colin Schwartz, 214-665-7262,
Throughout this document “we,” “us,” and “our” means the EPA.
On March 12, 2008, the EPA revised the eight-hour ozone NAAQS from 0.08 parts per million (ppm) to 0.075 ppm. (73 FR 16436, March 27, 2008). The EPA designated Crittenden County as a nonattainment area for the 2008 ozone NAAQS (77 FR 30088, May 21, 2012).
CAA sections 172(c)(3) and 182(a)(1) require states to develop and submit as a SIP revision an emissions inventory for all areas designated as nonattainment for the ozone NAAQS. 42 U.S.C. 172(c) and 182(a). An emissions inventory is an estimation of actual emissions of air pollutants in an area. Ground-level ozone, O
On August 28, 2015, Arkansas submitted to the EPA the SIP revision addressing the emissions inventory requirement for Crittenden County under the 2008 ozone NAAQS. The inventory includes estimates of 2011 NO
Section 182(a)(1) of the CAA requires states with nonattainment areas to submit a comprehensive and accurate inventory of ozone precursor emissions from all sources within two years of the effective date of designation, which was July 20, 2012. Also, Section 172(c)(3) requires that such an inventory shall include a comprehensive accurate, current inventory of actual emissions from all sources of the relevant pollutant or pollutants in such area, including such periodic revisions as the Administrator may determine necessary to assure that the requirements of this part are met.
EPA reviewed the revision for consistency with the requirements of EPA regulations. A summary of EPA's analysis is provided below. For a full discussion of our evaluation, please see our Technical Support Document (TSD).
Sections 172(c)(3) and 182(a)(1) of the CAA require an inventory of actual emissions from all sources of relevant pollutants in the nonattainment area. The 2011 base year emission inventory data include all point, area, and non-road and on-road mobile sources in Crittenden County. Point source emissions were entered through the State and Local Emissions Inventory System (SLEIS) and area sources were developed in accordance with the federal Air Emissions Reporting Requirements (AERR) rule. Non-road mobile sources utilized the National Mobile Inventory Model (NMIM) while the on-road sources used the Motor Vehicle Emissions Simulator (MOVES2010b). The EPA has determined that the inventory was developed in accordance with CAA guidelines and that the revised 2011 base year emission inventory is approvable. The submittal meets the goal of reaching attainment by reducing O
We are approving revisions to the Arkansas SIP that pertain to the 2008 ozone SIP emissions inventory for Crittenden County, as are listed in Table 1.
The EPA is publishing this rule without prior proposal because we view this as a non-controversial amendment and anticipate no adverse comments. However, in the proposed rules section of this
Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:
• Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501
• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601
• Does not contain any unfunded mandate or significantly or uniquely affect small governments, described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
• Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and
• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The Congressional Review Act, 5 U.S.C. 801
Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 14, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
Samuel Coleman was designated the Acting Regional Administrator on December 30, 2015 through the order of succession outlined in Regional Order R6-1110.1, a copy of which is included in the docket for this action.
Environmental protection, Air pollution control, Incorporation by
40 CFR part 52 is amended as follows:
42 U.S.C. 7401
The addition reads as follows:
(e) * * *
Environmental Protection Agency (EPA).
Direct final rule.
The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State Implementation Plan (SIP) submitted by the State of Missouri consisting of the Early Progress Plan and motor vehicle emissions budgets (MVEBs) for volatile organic compounds (VOCs) and oxides of nitrogen (NO
This direct final rule will be effective March 14, 2016, without further notice, unless EPA receives adverse comment by February 16, 2016. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2015-0587, to
Steven Brown, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7718 or by email at
Throughout this document “we,” “us,” or “our” refer to EPA. This section provides additional information by addressing the following:
EPA's final rule designating nonattainment areas and associated classifications for the 2008 ozone National Ambient Air Quality Standards (NAAQS) was published in the
EPA allows for the establishment of MVEBs for the 8-hour ozone standard prior to a state submitting its first required 8-hour ozone SIP that would include new MVEBs. Although voluntary, these “early” MVEBs must be established through a plan, known as the “Early Progress Plan,” that meets all the requirements of a SIP submittal. The preamble of the July 1, 2004, final transportation conformity rule (see, 69 FR 40019) reads as follows:
“The first 8-hour ozone SIP could be a control strategy SIP required by the Clean Air Act (
The Early Progress Plan must demonstrate that the SIP revision containing the MVEBs, when considered with emissions from all sources, and when projected from the base year to a future year, shows some progress toward attainment. EPA has previously indicated that a 5 percent to 10 percent reduction in emissions from all sources could represent a significant level of emissions reductions from current levels (69 FR 40019). This allowance is provided so that areas have an opportunity to use the budget test to demonstrate conformity as opposed to the interim conformity tests (
It should also be noted that the Early Progress Plan is not a required plan and does not substitute for required submissions such as an attainment demonstration or rate-of-progress plan, if such plans become required for the St. Louis 8-hour ozone area.
In August 2013, the State submitted to EPA an Early Progress Plan for the purpose of establishing MVEBs for the St. Louis 8-hour ozone area. The submittal utilizes a base year of 2008, and a projected year of 2015 to establish NO
The state submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, the revision meets the substantive SIP requirements of the CAA, including Section 110 and implementing regulations.
Through this rulemaking, EPA is approving the 2015 regional MVEBs for NO
EPA found these MVEBs adequate for transportation conformity purposes in an earlier action (March 5, 2014, 79 FR 12504). As of March 19, 2014, the effective date of EPA's adequacy finding for these MVEBs, conformity determinations in St. Louis must meet the budget test using these 8-hour MVEBs, instead of the 1-hour ozone MVEBs. It should be noted that the previous adequacy finding does not relate to the merits of the SIP submittal, nor does it indicate whether the submittal meets the requirements for approval. This EPA rulemaking action takes formal action on the Early Progress Plan SIP revision.
EPA is taking direct final action to approve this SIP revision. We are publishing this rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. However, in the “Proposed Rules” section of this
Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:
• Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501
• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601
• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and
• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801
Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 14, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
For the reasons stated in the preamble, EPA amends 40 CFR part 52 as set forth below:
42 U.S.C. 7401
(e) * * *
Environmental Protection Agency (EPA).
Direct final rule; technical amendment.
The Environmental Protection Agency (EPA) inadvertently approved and codified this action under both part 52 (Approval and Promulgation of Implementation Plans) and part 70 (State Operating Permit Programs). This technical amendment removes the part 52 approval and codification and makes a clarification to part 70.
This action is effective January 14, 2016.
Lachala Kemp at (913) 551-7214, or by email at
On January 27, 2014 (79 FR 4274), EPA published a direct final rule approving a SIP revision for Kansas that included revisions to K.A.R. 28-19-202 “Annual Emission Fees.” The rule revision amended KAR 28-19-202 “Annual Emissions Fees” to align the state's reporting requirements with EPA's reporting requirements, and was incorrectly approved and codified under part 52 and part 70.
This rule also included revisions to the operating permits program, K.A.R 28-19-517 “Class I Operating Permits; Annual Emissions Inventory.” This part 70 appendix A revision added new paragraph (f) “The Kansas Department of Health and Environment submitted revisions to Kansas Administrative Record (KAR) 28-19-202 and 28-19-517 on April 15, 2011; approval of section (c) effective March 28, 2014.”
This technical amendment removes the erroneous part 52 approval of KAR 28-19-202 “Annual Emissions Fees” and recodifies the table. This action also revises paragraph (f) to read as follows: (f) “The Kansas Department of Health and Environment submitted revisions to Kansas Administrative Record (KAR) 28-19-202 and 28-19-517 on April 15, 2011; effective March 28, 2014.”
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Administrative practice and procedure, Air pollution control, Intergovernmental relations, Operating permits, Reporting and recordkeeping requirements.
Chapter I, title 40 of the Code of Federal Regulations is amended as follows:
42 U.S.C. 7401
42 U.S.C. 7401
(f) The Kansas Department of Health and Environment submitted revisions to Kansas Administrative Record (KAR) 28-19-202 and 28-19-517 on April 15, 2011; effective March 28, 2014.
Environmental Protection Agency (EPA).
Final rule.
This regulation establishes a time-limited exemption from the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(a) requirement of a tolerance for residues of the pesticide
This regulation is effective January 14, 2016. Objections and requests for hearings must be received on or before March 14, 2016, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the
The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2015-0538, is available at
Susan T. 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:
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).
You may access a frequently updated electronic version of 40 CFR part 180 through the Government Printing Office's e-CFR site at
Under section 408(g) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2015-0538 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before March 14, 2016. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b).
In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA-HQ-OPP-2015-0538, by one of the following methods:
•
•
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Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at
EPA, on its own initiative, in accordance with FFDCA sections 408(e) and 408(l)(6), 21 U.S.C. 346a(e) and 346a(1)(6), is establishing a time-limited exemption from the requirement of a tolerance for residues of
Section 408(l)(6) of FFDCA requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA under FIFRA section 18. Such tolerances or exemptions from the requirement of a tolerance must be consistent with the safety standard in 408(b)(2) and (c)(2), respectively, and can be established without providing notice or period for public comment. EPA does not intend for its actions on FIFRA section 18 related time-limited tolerances or exemptions from the requirement of a tolerance to set binding precedents for the application of FFDCA section 408 and the safety standard to other tolerances and exemptions. Section 408(e) of FFDCA allows EPA to establish a tolerance or an exemption from the requirement of a tolerance on its own initiative,
Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an exemption from the requirement of a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the exemption is “safe.” Section 408(c)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. In evaluating the safety of an exemption, section 408(c)(2)(B) requires EPA to take into account the considerations set forth in 408(b)(2)(C) and (D). Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .”
Section 18 of FIFRA authorizes EPA to exempt any Federal or State agency from any provision of FIFRA, if EPA determines that “emergency conditions exist which require such exemption.” EPA has established regulations governing such emergency exemptions in 40 CFR part 166.
The California Department of Pesticide Regulation asserted that an emergency condition, brought on by an ongoing drought in California, existed in accordance with the criteria for approval of an emergency exemption, and utilized a crisis exemption under FIFRA section 18 to allow the use of
As part of its evaluation of the emergency exemption application, EPA assessed the potential risks presented by residues of
Because this time-limited exemption from the requirement of a tolerance is being approved under emergency conditions, EPA has not made any decisions about whether
Consistent with the FFDCA section 408(b)(2)(D), the EPA reviewed the available scientific data and other relevant information for
The toxicological profile of
In examining aggregate exposure, FFDCA section 408 directs the EPA to consider available information concerning exposures from the pesticide residue in food and all other non-occupational exposures, including drinking water from ground water or surface water and exposure through pesticide use in gardens, lawns, or buildings (residential and other indoor uses).
Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the EPA consider “available information concerning the cumulative effects of a particular pesticide's . . . residues and other substances that have a common mechanism of toxicity.”
The EPA has not found
In considering the establishment of a time-limited exemption from the requirement of a tolerance for a pesticide chemical residue, FFDCA section 408(b)(2)(C) requires that EPA assess the available information about consumption patterns among infants and children, special susceptibility of infants and children to pesticide chemical residues, and the cumulative effects on infants and children of the residues and other substances with a common mechanism of toxicity. In addition, FFDCA section 408(b)(2)(C) provides that EPA shall apply an additional tenfold (10X) margin of exposure (safety) for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the database on toxicity and exposure unless EPA determines that a different margin of exposure (safety) will be safe for infants and children. This additional margin of exposure (safety) is commonly referred to as the Food Quality Protection Act Safety Factor. In applying this provision, EPA either retains the default value of 10X or uses a different additional safety factor when reliable data available to EPA support the choice of a different factor.
In this instance, based on all the available information, EPA concludes that there are no effects of concern to infants, children, or adults when
Moreover, based on the data and EPA analysis presented in this document, the Agency is able to conclude that there is a reasonable certainty that no harm will result to the U.S. population, including infants and children, from aggregate exposure to the residues of
An analytical method is not required for enforcement purposes since the Agency is establishing an exemption from the requirement of a tolerance without any numerical limitation.
The EPA concludes that there is a reasonable certainty that no harm will result to the U.S. population, including infants and children, from aggregate exposure to residues of
This action establishes an exemption from the requirement of a tolerance under FFDCA sections 408(e) and 408(l)(6). The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled “Regulatory Planning and Review” (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501
Since tolerances and exemptions that are established in accordance with FFDCA sections 408(e) and 408(l)(6), such as the exemption in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601
This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501
This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note).
Pursuant to the Congressional Review Act (5 U.S.C. 801
Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.
Therefore, 40 CFR chapter I is amended as follows:
21 U.S.C. 321(q), 346a and 371.
(d)
Federal Emergency Management Agency, DHS.
Final rule.
This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the
The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables.
If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4149.
The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction
In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA's initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified.
Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days.
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is amended as follows:
42 U.S.C. 4001
Federal Emergency Management Agency, DHS.
Final rule.
This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has
The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables.
If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4149.
The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the
In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA's initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified.
Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days.
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is amended as follows:
42 U.S.C. 4001
Federal Communications Commission.
Final rule; announcement of effective date.
In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's
Amendment of §§ 5.59, 5.61, 5.63, 5.64, 5.65, 5.73, 5.79, 5.81, 5.107, 5.115, 5.121, 5.123, 5.205, 5.207, 5.217(b), 5.307, 5.308, 5.309, 5.311, 5.404, 5.405, 5.406, 5.504, and 5.602, published at 78 FR 25138, April 29, 2013, are effective January 14, 2016.
Rodney Small, Office of Engineering and Technology Bureau, at (202) 418-2452, or email:
This document announces that, on December 17, 2015, OMB approved, for a period of three years, the information collection requirements relating to the streamlining rules contained in the Commission's
As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received final OMB approval on December 17, 2015, for the information collection requirements contained in the modifications to the Commission's rules in 47 CFR part 5. Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number is 3060-0065. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents are as follows:
Fish and Wildlife Service, Interior.
Final rule.
We, the U.S. Fish and Wildlife Service (Service), finalize a rule under authority of section 4(d) of the Endangered Species Act of 1973 (Act), as amended, that provides measures that are necessary and advisable to provide for the conservation of the northern long-eared bat (
This rule is effective February 16, 2016.
This final 4(d) rule, the final environmental assessment, biological opinion, and list of references are available on the Internet at
Peter Fasbender, Field Supervisor, U.S. Fish and Wildlife Service, Twin Cities Ecological Services Field Office, 4101 American Blvd. East, Bloomington, MN 55425; telephone (612) 725-3548, ext. 2210; or facsimile (612) 725-3609. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.
On April 2, 2015, we published a document that is both a final rule to list the northern long-eared bat as a threatened species and an an interim 4(d) rule to provide measures that are necessary and advisable to provide for the conservation of the northern long-eared bat. At that time, we opened a 90-day public comment period on the interim rule, and we committed to publish a final 4(d) rule by December 31, 2015, and to complete review pursuant to the National Environmental Policy Act (NEPA). Previously, on January 16, 2015, we published a proposed 4(d) rule with a 60-day public comment period. Therefore,we have had two comment periods totaling 150 days on two versions of the 4(d) rule.
Incidental take resulting from otherwise lawful activities will not be prohibited in areas not yet affected by white-nose syndrome (WNS). WNS is a fungal disease affecting many hibernating U.S. bat species. Ninety- to one-hundred-percent mortality has been seen in bats affected by the disease in the eastern United States.
Take of northern long-eared bats in their hibernacula (which includes caves, mines, and other locations where bats hibernate in winter) is prohibited in areas affected by WNS, unless permitted under section 10(a)(1)(A) of the Act. Take of northern long-eared bats inside of hibernacula may include disturbing or disrupting hibernating individuals when they are present as well as the physical or other alteration of the hibernaculum's entrance or environment when bats are not present if the result of the activity will impair essential behavioral patterns, including sheltering northern long-eared bats.
For northern long-eared bats outside of hibernacula, we have established separate prohibitions from take for activities involving tree removal and activities that do not involve tree removal. Incidental take of northern long-eared bats outside of hibernacula resulting from activities other than tree removal is not prohibited. Incidental take resulting from tree removal is prohibited if it: (1) Occurs within a 0.25 mile (0.4 kilometer) radius of known northern long-eared bat hibernacula; or (2) cuts or destroys known occupied maternity roost trees, or any other trees within a 150-foot (45-meter) radius from the known maternity tree during the pup season (June 1 through July 31). Incidental take of northern long-eared bats as a result of the removal of hazardous trees for the protection of human life and property is also not prohibited.
Please refer to the proposed (78 FR 61046; October 2, 2013) and final (80 FR17974; April 2, 2015) listing rules for the northern long-eared bat for a detailed description of previous Federal actions concerning this species. On January 16, 2015, we published a proposed 4(d) rule (80 FR 2371) for the northern long-eared bat and on April 2, 2015, we published an interim 4(d) rule (80 FR 17974) for this species.
The northern long-eared bat is a wide-ranging species that is found in a variety of forested habitats in summer and hibernates in caves, mines, and other locations in winter. WNS is the main threat to this species and has caused a precipitous decline in bat numbers (in many cases, 90-100 percent) where the disease has occurred. Declines in the numbers of northern long-eared bats are expected to continue as WNS extends across the species' range. For more information on the northern long-eared bat, its habitat, and WNS, please refer to the October 2, 2013, proposed listing (78 FR 61046) and the April 2, 2015, final listing (80 FR 17974) rules.
The Act (16 U.S.C. 1531
In addition, for threatened species, under the authority of section 4(d) of the Act, the Service may develop prohibitions and exceptions that are tailored to the specific conservation needs of the species. In such cases, some of the prohibitions and authorizations under 50 CFR 17.31 and 17.32 may be appropriate for the species and be incorporated into a separate, species-specific, rule under section 4(d) of the Act. These rules will also include provisions that are tailored to the specific conservation needs of the threatened species and may be more or less restrictive than the general provisions at 50 CFR 17.31.
This final rule uses several definitions and provisions contained in the Act and its implementing regulations.
The Act and its implementing regulations (50 CFR part 17) define take as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct.
The term “harass” (50 CFR 17.3) means an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering.
The term “harm” (50 CFR 17.3) means an act which actually kills or injures wildlife. Such act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.
“Purposeful take” includes the capture and handling of individual bats. Take in this manner includes both capture and handling to remove bats from human structures and take that is for research purposes (
“Human structures” are defined as houses, garages, barns, sheds, and other buildings designed for human entry.
“Incidental take” is defined at 50 CFR 17.3 as any taking otherwise prohibited, if such taking is incidental to, and not the purpose of, an otherwise lawful activity. Examples of incidental take (or non-purposeful take as it is sometimes referred to in this rule) include land-management actions, such as implementation of forestry practices, where bats may be harmed, harassed, or killed as a result of those otherwise lawful actions. The actions contemplated in this rule include a wide range of actions for purposes such as right-of-way development and maintenance, forestry, land use for development unrelated to wildlife management, management of lands as habitats other than bat habitat (
Incidental take within the context of this rule is regulated in distinct and separate manners relative to the geographic location of the activity in question. For the purposes of this rule, we have developed a map associated with the occurrence and spread of WNS. This map will be updated by the first of each month as the disease spreads throughout the range of the species and
“Known hibernacula” are defined as locations where northern long-eared bats have been detected during hibernation or at the entrance during fall swarming or spring emergence.
“Known, occupied maternity roost trees” are defined as trees that have had female northern long-eared bats or juvenile bats tracked to them or the presence of females or juveniles is known as a result of other methods.
“Tree removal” is defined as cutting down, harvesting, destroying, trimming, or manipulating in any other way the trees, saplings, snags, or any other form of woody vegetation likely to be used by northern long-eared bats.
The WNS zone, as mapped, provides the boundary for the distinction of implementation of this rule. To estimate the area impacted by WNS, we have used data on the presence of the fungus causing the disease, called
Over the past 5 years, an average of 96 percent of the new
Based on information we received in comment periods on the proposed and interim 4(d) rules (see Summary of Comments and Recommendations below), we revised the provisions of the interim 4(d) rule to better reflect the disproportionate effect that the disease, WNS, has had and will continue to have, we believe, on northern long-eared bat populations.
In the interim rule, we used the term “white-nose syndrome buffer zone” to identify “the portion of the range of the northern long-eared bat” within 150 miles (241 km) of the boundaries of U.S. counties or Canadian districts where the fungus
The interim 4(d) rule generally applies the prohibitions of 50 CFR 17.31 and 17.32 to the northern long-eared bat, which means that the interim rule, among other things, prohibits the purposeful take of northern long-eared bats throughout the species' range, but the interim rule includes exceptions to the purposeful take prohibition. The exceptions for purposeful take are: (1) In instances of removal of northern long-eared bats from human structures (if actions comply with all applicable State regulations); and (2) for authorized capture, handling, and related activities of northern long-eared bats by individuals permitted to conduct these same activities for other bat species until May 3, 2016. Under the interim rule, incidental take is not prohibited outside the WNS zone if the incidental take results from otherwise lawful activities. Inside the WNS zone, there are exceptions for incidental take for the following activities, subject to certain conditions: Implementation of forest management; maintenance and expansion of existing rights-of-way and transmission corridors; prairie management; minimal tree removal; and removal of hazardous trees for the protection of human life and property.
This final 4(d) rule does not generally apply the prohibitions of 50 CFR 17.31 to the northern long-eared bat. This rule continues to prohibit purposeful take of northern long-eared bats throughout the species' range, except in certain cases, including instances of removal of northern long-eared bats from human structures and for authorized capture, handling, and related activities of northern long-eared bats by individuals permitted to conduct these same activities for other bat species until May 3, 2016. After May 3, 2016, a permit pursuant to section 10(a)(1)(A) of the Act is required for the capture and handling of northern long-eared bats. Under this rule, incidental take is still not prohibited outside the WNS zone.
We have revised the interim rule's language concerning incidental take inside the WNS zone. Under this final rule, within the WNS zone, incidental take is prohibited only if: (1) Actions result in the incidental take of northern long-eared bats in hibernacula; (2) actions result in the incidental take of northern long-eared bats by altering a known hibernaculum's entrance or interior environment if the alteration impairs an essential behavioral pattern, including sheltering northern long-eared bats; or (3) tree-removal activities result in the incidental take of northern long-eared bats when the activity either occurs within 0.25 mile (0.4 kilometer) of a known hibernaculum, or cuts or destroys known occupied maternity roost trees, or any other trees within a 150-foot (45-meter) radius from the maternity roost tree, during the pup season (June 1 through July 31). Take of northern long-eared bats in their hibernacula may include disturbing or disrupting hibernating individuals when they are in the hibernacula. Take of northern long-eared bat also includes the physical or other alteration of the hibernaculum's entrance or environment when bats are not present if the result of the activity will impair essential behavioral patterns, including sheltering northern long-eared bats. Any take resulting from otherwise lawful activities outside known hibernacula, other than tree removal, is not prohibited, as long as it does not change the bat's access to or quality of a known hibernaculum for the species. This final rule makes these revisions because, in areas impacted by WNS, the most important conservation actions for the northern long-eared bat are to protect bats in hibernacula and maternity roost trees, and to continue to monitor populations in summer habitat (
Under this rule, we individually set forth prohibitions on possession and other acts with unlawfully taken northern long-eared bats, and on import and export of northern long-eared bats. These prohibitions were included in the interim 4(d) through the general application of the prohibitions of 50 CFR 17.31 to the northern long-eared bat. Under this rule, take of the northern
For a threatened species, the Act does not specify prohibitions, or exceptions to those prohibitions, relative to take of the species. Instead, under Section 4(d) of the Act, the Secretary has discretion to issue regulations deemed to be necessary and advisable for the conservation of a threatened species. By regulation, the Secretary has determined that take prohibitions for endangered species are also applicable to threatened species unless a special rule is issued under section 4(d) for a particular threatened species. Under this 4(d) rule, we have applied several of the prohibitions specified in the Act for endangered species and the provisions of 50 CFR 17.32 (permit regulations) to the northern long-eared bat as described below.
For this 4(d) rule, the Service has completed a biological opinion under Section 7 of the Act on our action of finalizing this rule. In addition, the biological opinion provides for streamlined consultation for all federal agency actions that may affect the northern long-eared bat; therefore, the scope of the biological opinion included the finalization and implementation of the 4(d) rule. The biological opinion resulted in a non-jeopardy determination. Provided Federal action agencies follow the criteria outlined in this rule and implement the streamlined consultation process outlined in the biological opinion, their section 7 consultation requirements will be met. If unable to follow these criteria, standard section 7 procedures will apply.
We have exempted the purposeful take of northern long-eared bats related to the protection of human health and safety. A very small percentage of bats may be infected with rabies or other diseases that can be transmissible to humans. When there is the possibility that a person has been exposed to a diseased bat, it is important that they coordinate with medical professionals (
We have also exempted the purposeful take of northern long-eared bats related to removing the species from human structures, but only if the actions comply with all applicable State regulations. Northern long-eared bats have occasionally been documented roosting in human-made structures, such as houses, barns, pavilions, sheds, cabins, and bat houses (Mumford and Cope 1964, p. 480; Barbour and Davis 1969, p. 77; Cope and Humphrey 1972, p. 9; Amelon and Burhans 2006, p. 72; Whitaker and Mumford 2009, p. 209; Timpone et al. 2010, p. 119; Joe Kath 2013, pers. comm.). We conclude that the overall impact of bat removal from human structures is not expected to adversely affect conservation and recovery efforts for the species. In addition, we provide the following recommendations:
• Minimize use of pesticides (
• Conduct exclusions during spring or fall unless there is a perceived public health concern from bats present during summer and/or winter.
• Contact a nuisance wildlife specialist for humane exclusion techniques.
We have exempted the purposeful take that results from actions relating to capture, handling, and related activities for northern long-eared bats by individuals permitted to conduct these same activities for other species of bats until May 3, 2016. Under the interim rule, for a period of 1 year from the interim rule's effective date (May 3, 2016), we had exempted the purposeful take that is caused by the authorized capture, handling, and related activities (
Incidental take in areas that have not yet been impacted by WNS (
Our approach to designing the regulatory provisions for the northern long-eared bat inside the WNS zone reflects the significant role WNS plays as the central threat affecting the species. For other threatened species, habitat loss or other limiting factors usually contribute to the decline of a species. In these situations, regulations are needed to address either the habitat loss or the other limiting factors.
The northern long-eared bat is not habitat-limited and has demonstrated a great deal of plasticity within its environment (
As WNS continues to move across the range of the species, northern long-eared bat populations have declined and will continue to decline. Declines in northern long-eared bat populations in WNS-positive regions have been significant, and northern long-eared bats are now relatively rare on those landscapes. As populations decline as a result of WNS, the chances of any particular activity affecting northern long-eared bats becomes more remote. Therefore, in the WNS zone, we focused the regulatory provisions on sensitive life stages at known, occupied maternity roost trees and hibernacula.
We developed regulations that provide some level of protection to the species where it persists in the face of WNS. However, we have provided flexibility so that the regulated public will seek to conserve the species and foster its recovery at sites where it has been lost should tools to address WNS become available or where the species shows signs of resilience. Further, because we believe recovery of this species will require many partnerships across the species' range, minimizing regulatory impacts on activities inconsequential to northern long-eared bat populations provides an important step in building partnerships for the species' recovery.
The northern long-eared bat is a forest-dependent species, typically roosting in trees. In establishing regulations that are necessary and advisable for the conservation of the species, we have tailored species-specific regulatory provisions toward potential impacts to trees. For the incidental take of bats outside of hibernacula, we have specifically established two sets of provisions: the first set applies to activities that do not involve tree removal and the second applies to activities that do involve tree removal. By tree removal, we mean cutting down, harvesting, destroying, trimming, or manipulating in any other way the trees, saplings, snags, or any other form of woody vegetation that is likely to be used by the northern long-eared bat.
In this final 4(d) rule, we have limited the prohibition of incidental take of northern long-eared bats to specific circumstances. This does not mean that all activities that could result in the incidental take of the northern long-eared bat will do so. The relative exposure of the species and the species response to a potential stressor are critical considerations in evaluating the potential for incidental take to occur. For example, under the discussion of tree removal, below, we describe what is prohibited by the final 4(d) rule in the WNS zone and provide examples of how other activities could be implemented in a way that avoids the potential for incidental take.
Northern long-eared bats predominantly overwinter in hibernacula that include caves and abandoned mines. For additional details about the characteristics of the hibernacula selected by northern long-eared bats, see the final listing determination (80 FR 17974; April 2, 2015). Northern long-eared bats have shown a high degree of philopatry (using the same site over multiple years) for a hibernaculum (Pearson 1962, p. 30), although they may not return to the same hibernaculum in successive seasons (Caceres and Barclay 2000, p. 2).
Hibernacula are so significant to the northern long-eared bat that they are considered a primary driver in the species distribution (
In general, bats select hibernacula because they have characteristics that allow the bats to meet specific life-cycle requirements. Factors influencing a hibernaculum's suitability include its physical structure (
Overwinter survival can be a particularly challenging period in the northern long-eared bat's life cycle. Hibernating bats appear to balance their physical condition (
In general, northern long-eared bats arrive at hibernacula in August or September, enter hibernation in October and November, and emerge from the hibernacula in March or April (Caire et al. 1979, p. 405; Whitaker and Hamilton 1998, p. 100; Amelon and Burhans 2006, p. 72). However, hibernation may begin as early as August (Whitaker and Rissler 1992b, p. 56). Northern long-eared bats have been observed moving among hibernacula throughout the winter (Griffin 1940a, p. 185; Whitaker and Rissler 1992a, p. 131; Caceres and Barclay 2000, pp. 2-3). Whitaker and Mumford (2009, p. 210) found that this species flies in and out of some mines and caves in southern Indiana throughout the winter.
Human disturbance of hibernating bats has long been considered a threat to cave-hibernating bat species like the northern long-eared bat. Modifications to bat hibernacula can affect the microclimate (
Hibernacula and surrounding forest habitats play important roles in the life cycle of the northern long-eared bat beyond the time when the bats are overwintering. In both the early spring and fall, the hibernacula and surrounding forested habitats are the focus of bat activity in two separate periods referred to as “spring staging” and “fall swarming.”
During the spring staging, bats begin to gradually emerge from hibernation, exit the hibernacula to feed, but re-enter the same or alternative hibernacula to resume daily bouts of torpor (Whitaker and Hamilton 1998, p. 100). The staging period for the northern long-eared bat is likely short in duration (Whitaker and Hamilton 1998, p. 100; Caire et al. 1979, p. 405). In Missouri, Caire et al. (1979, p. 405) found that northern long-eared bats moved into the staging period in mid-March through early May. In Michigan, Kurta et al. (1997, p. 478) determined that by early May, two-thirds of the
Beginning in mid to late summer, after their young have gained some level of independence, northern long-eared bats exhibit a behavior near hibernacula referred to as swarming. Both male and female northern long-eared bats are present at swarming sites (often with other species of bats). During this period, heightened activity and congregation of transient bats around caves and mines is observed, followed later by increased sexual activity and bouts of torpor prior to winter hibernation (Fenton 1969, p. 601; Parsons et al. 2003, pp. 63-64; Davis and Hitchcock 1965, pp. 304-306). The purposes of swarming behavior may include introduction of juveniles to potential hibernacula, copulation, and stopping over sites on migratory pathways between summer and winter regions (Kurta et al. 1997, p. 479; Parsons et al. 2003, p. 64; Lowe 2012, p. 51; Randall and Broders 2014, pp. 109-110). The swarming season for some species of the genus
Based on the importance of hibernacula to northern long-eared bats, take is prohibited in and around the hibernacula within the WNS zone, including activities that may alter the hibernacula at any time of the year. Further, we have determined that when the conservation measures for the northern long-eared bat included in this final 4(d) rule are applied to areas within 0.25 mile (0.4 km) of the hibernacula, the potential for negative impacts to individuals is significantly reduced.
Under this final 4(d) rule, activities within the WNS zone not involving tree removal are not prohibited provided they do not result in the incidental take of northern long eared bats in hibernacula or otherwise impair essential behavioral patterns at known hibernacula. In our final listing determination (80 FR 17974; April 2, 2015), we identified a number of activities not involving tree removal that may have direct or indirect effects on northern long-eared bats. These activities have the potential to cause the incidental take of northern long-eared bats and include activities such as the operation of utility-scale wind-energy turbines, application of pesticides, and prescribed fire (this is not an exhaustive list; it is merely representative of activities that may result in take of northern long-eared bats).
At the time of our listing determination and the interim 4(d) rule (80 FR 17974; April 2, 2015), we stated that we had no compelling evidence that these activities would have significant effects on the northern long-eared bat when considered alone. However, we thought these factors may have a cumulative effect on this species when considered in concert with WNS. After additional consideration and our review of public comments received on the proposed and interim 4(d) rules, we did not find compelling evidence that regulating these potential cumulative effects would result in significant impacts at the species level. Effects to relatively small numbers of individuals are not anticipated to impair conservation efforts or the recovery potential of the species.
Wind-energy facilities are found scattered throughout the range of the northern long-eared bat, and many new facilities are anticipated to be constructed over the next 15 years (United States Department of Energy 2008, unpaginated). We reviewed post-construction mortality monitoring studies conducted at various times from 1998 through 2014 at 81 unique operating wind-energy facilities in the range of the northern long-eared bat in the United States and Canada (Service 2015, unpublished data). In these studies, 43 northern long-eared bat mortalities were documented at 19 of the sites. The northern long-eared bat fatalities comprised less than 1 percent of all documented bat mortalities. In most cases, the level of effort for most post-construction monitoring studies is not sufficient to confidently exclude the possibility that infrequent fatalities are being missed, but finding none or only small numbers over many sites and years can suggest the order of what may be missed. Thus while sustained mortality at particular facilities could potentially cause declines in local populations of the northern long-eared bat, if that is in fact occurring, it does not appear to be wide-spread at least when compared to other bat species which are nearly always found in fatality monitoring at wind facilities. At those sites with a northern long-eared bat fatality where multiple years of monitoring data were also available for review (n = 12), fatalities of northern long-eared bats were only reported in multiple years at two of the sites and for the other 10 sites only a single fatality was reported over multiple years of monitoring. For example, one site reported one northern long-eared bat fatality in 2008, but none in 2009, 2010, or 2011. Further, the number of fatalities of northern long-eared bats found at any given site has been relatively small (
We recognize that several wind energy facilities have completed, or are currently working to complete, habitat conservation plans (HCPs; permit pursuant to section 10(a)(1)(B) of the Act) for other listed bat species where the number of fatalities reported is also very low. When the take of an endangered species is reasonably certain to occur, we recommend that a project proponent secure incidental take coverage pursuant to section 10 of the Act. Over the operational life of a wind energy facility (typically anticipated to be at least 20 to 30 years), the take of listed species may be reasonably certain to occur, even if the level of mortalities annually is anticipated to be quite low. However, this does not mean that prohibiting that incidental take in the case of a threatened species is necessary and advisable for the conservation of such a species. For the northern long-eared bat, we do not anticipate that the fatalities that will be caused by wind energy would meaningfully change the species' status in the foreseeable future.
In addition, the wind industry has recently published best management practices establishing voluntary operating protocols, which they expect “to reduce impacts to bats from operating wind turbines by as much as 30 percent” (AWEA 2015, unpaginated). Given the large numbers of other bat species impacted by wind energy (Hein et al. 2013, p. 12) and the economic importance of bats in controlling agricultural or forest pest species (Boyles et al. 2011, pp. 41-42; Maine and Boyles, 2015, p. 12442), we anticipate that these new standards will be adopted by the wind-energy sector and ultimately required by wind-energy-siting regulators at State and local levels. We recommend that wind facilities adopt these operating protocols.
Our primary reason for not establishing regulatory criteria for wind-energy facilities is that the best available information does not indicate significant impacts to northern long-eared bats from such operations. We conclude that there may be adverse effects posed by wind-energy development to individual northern long-eared bats; however, there is no evidence suggesting that effects from wind-energy development has led to significant declines in this species, nor is there evidence that regulating the incidental take that is occurring would meaningfully change the conservation or recovery potential of the species in the face of WNS. Furthermore, with the adoption by wind-energy facilities of the new voluntary standards, risk to all bats, including the northern long-eared bat, should be further reduced.
Environmental contaminants, in particular insecticides, pesticides, and inorganic contaminants, such as mercury and lead, may also have detrimental effects on individual northern long-eared bats. However, across the wide-range of the species, it is unclear whether environmental contaminants, regardless of the source (
Although there is the potential for direct and indirect contaminant-related effects, mortality or other population-level impacts have not been reported for northern long-eared bats. Long-term sublethal effects of environmental contaminants on bats are largely unknown; however, environmentally relevant exposure levels of various contaminants have been shown to impair nervous system, endocrine, and reproductive functioning in other wildlife (Yates et al. 2014, p. 52; Köhler and Triebskorn 2013, p. 761; Colborn et al. 1993, p. 378). Moreover, bats' high metabolic rates, longevity, insectivorous diet, migration-hibernation patterns of fat deposition and depletion, and immune impairment during hibernation, along with potentially exacerbating effects of WNS, likely increase their risk of exposure to and accumulation of environmental toxins (Secord et al. 2015, p. 411, Yates et al. 2014, p. 46, Geluso et al. 1976, p. 184; Quarles 2013, p. 4, O'Shea and Clark 2002, p. 238). Following WNS-caused population declines in northeastern little brown bats, Kannan et al. (2010) investigated whether exposure to toxic contaminants could be a contributing factor in WNS-related mortality. Although high concentrations of polychlorinated biphenyls (PCBs), PBDEs, polybrominated biphenyls (PBBs), and chlordanes were found in the fat tissues of WNS-infected bats in New York, relative concentrations in bats from an uninfected population in Kentucky were also high (Kannan et al. 2010, p. 615). The authors concluded that the study's sample sizes were too small to accurately associate contaminant exposure with the effects of WNS in bats (Kannan et al. 2010, p. 618), but argued that additional research is needed. Despite the lack of knowledge on the effects of various contaminants on northern long-eared bats, we recognize the potential for direct and indirect consequences.
Prescribed fire is a useful forest-management tool. However, there are potential negative effects from prescribed burning, including direct mortality to the northern long-eared bat. Therefore, when using prescribed burning as a management tool, fire frequency, timing, location, and intensity all need to be considered to lower the risk of incidental take of bats. Carter et al. (2002, pp. 140-141) suggested that the risk of direct injury and mortality to southeastern forest- dwelling bats resulting from summer prescribed fire is generally low. During warm temperatures, bats are able to arouse from short-term torpor quickly. Northern long-eared bats use multiple roosts, switch roost trees often, and could likely use alternative roosts in unburned areas, should fire destroy the current roost. Non-volant pups are likely the most vulnerable to death and injury from fire. Although most eastern bat species are able to carry their young for some time after they are born (Davis 1970, pp. 187-189), the degree to which this behavior would allow females to relocate their young if fire threatens the nursery roost is unknown. The potential for death or injury resulting from prescribed burning depends largely on site-specific circumstances,
Bats are known to take advantage of fire-killed snags and continue roosting in burned areas. Boyles and Aubrey (2006, pp. 111-112) found that, after years of fire suppression, initial burning created abundant snags, which evening bats (
The use of prescribed fire, where warranted, will, in any given year, impact only a small proportion of the northern long-eared bat's range during the bats active period. In addition, there are substantial benefits of prescribed fire for maintaining forest ecosystems. For example, the U.S. Forest Service's Southern Region manages approximately 10.9 million acres (4.4 million hectares (ha)) of land, and the maximum estimate of acres where prescribed fire is employed annually during the active period of northern-long eared bats (April through October) was 320,577 acres (129,732 ha), which is less than 3 percent of the National Forest regional lands. Similarly, the Forest Service's Eastern Region manages 15 Forests in 13 States that include about 12.2 million acres (4.88 million ha), of which 11.3 million acres (4.52 million ha) are forested habitat. The U.S. Forest Service anticipates applying prescribed burning to 107,684 acres (43,073 ha) or about 1percent of the forested habitat across the eastern region annually. In addition, only 17,342 acres (6937 ha) (
Further, there are substantial benefits of prescribed fire for maintaining forest ecosystems, such as providing the successional and disturbance processes that renew the supply of suitable roost trees (Silvis et. al. 2012, pp.6-7), as well as helping to ensure a varied and reliable prey base (Dodd et. al. 2012, p. 269). There is no evidence that prescribed fire has led to population-level declines in this species nor is there evidence that regulating the incidental take that might occur would meaningfully change the conservation status or recovery potential of the species in the face of WNS.
Under this final 4(d) rule, incidental take that is caused by removal and management of hazardous trees is not prohibited. The removal of these hazardous trees may be widely dispersed, but limited, and should result in very minimal incidental take of northern long-eared bats. We recommend, however, that removal of hazardous trees be done during the winter, wherever possible, when these trees will not be occupied by northern long-eared bats. We conclude that the overall impact of removing hazardous trees is not expected to adversely affect conservation and recovery efforts for the species.
We issued the interim species-specific rule under section 4(d) of the Act in recognition that WNS is the primary threat to the species' continued existence. We further recognized that all other (non-WNS) threats cumulatively were not impacting the species at the population level. Therefore, we apply the take prohibitions only to activities that we have determined may impact the species in its most vulnerable life stages, allowing for management flexibility and a limited regulatory burden.
In this final 4(d) rule, we have determined that the conservation of the northern long-eared bat is best served by limiting the prohibitions to the most vulnerable life stages of the northern long-eared bat (
Forest management maintains forest habitat on the landscape, and the impacts from management activities are, for the most part, temporary in nature. Forest management is the practical application of biological, physical, quantitative, managerial, economic, social, and policy principles to the regeneration, management, utilization, and conservation of forests to meet specified goals and objectives (Society of American Foresters,
The best available data indicate that the northern long-eared bat shows a varied degree of sensitivity to timber-harvesting practices. For example, Menzel et al. (2002, p. 112) found northern long-eared bats roosting in intensively managed stands in West Virginia, indicating that there were sufficient suitable roosts (primarily snags) remaining for their use. At the same study site, Owen et al. (2002, p. 4) concluded that northern long-eared bats roosted in areas with abundant snags, and that in intensively managed forests in the central Appalachians, roost availability was not a limiting factor. Northern long-eared bats often chose black locust and black cherry as roost trees, which were quite abundant and often regenerate quickly after disturbance (
Certain levels of timber harvest may result in canopy openings, which could result in more rapid development of young bats. In central Arkansas, Perry and Thill (2007, pp. 223-224) found female bat roosts were more often located in areas with partial harvesting than males, with more male roosts (42 percent) in unharvested stands than female roosts (24 percent). They postulated that females roosted in relatively more open forest conditions because they may receive greater solar radiation, which may increase developmental rates of young or permit young bats a greater opportunity to conduct successful initial flights (Perry and Thill 2007, p. 224). Cryan et al. (2001, p. 49) found several reproductive and non-reproductive female northern long-eared bat roost areas in recently harvested (less than 5 years) stands in the Black Hills of South Dakota in which snags and small stems (diameter at breast height (dbh)) of 2 to 6 inches (5 to 15 centimeters) were the only trees left standing; however, the largest colony (n = 41) was found in a mature forest stand that had not been harvested in more than 50 years.
Forest size and continuity are also factors that define the quality of habitat for roost sites for northern long-eared bats. Lacki and Schwierjohann (2001, p. 487) stated that silvicultural practices could meet both male and female roosting requirements by maintaining large-diameter snags, while allowing for regeneration of forests. Henderson et al. (2008, p. 1825) also found that forest fragmentation affects northern long-eared bats at different scales based on sex; females require a larger unfragmented area with a large number of suitable roost trees to support a colony, whereas males are able to use smaller, more fragmented areas. Henderson and Broders (2008, pp. 959-960) examined how female northern long-eared bats use the forest-agricultural landscape on Prince Edward Island, Canada, and found that bats were limited in their mobility and activities are constrained when suitable forest is limited. However, they also found that bats in a relatively fragmented area used a building for colony roosting, which suggests an alternative for a colony to persist in an area with fewer available roost trees.
In addition to impacts on roost sites, we considered effects of forest-management practices on foraging and traveling behaviors of northern long-eared bats. In southeastern Missouri, the northern long-eared bat showed a preference for contiguous tracts of forest cover (rather than fragmented or wide open landscapes) for foraging or traveling, and different forest types interspersed on the landscape increased likelihood of occupancy (Yates and Muzika 2006, p. 1245). Similarly, in West Virginia, female northern long-eared bats spent most of their time foraging or travelling in intact forest, diameter-limit harvests (70 to 90 year-old stands with 30 to 40 percent of basal area removed in the past 10 years), and road corridors, with no use of deferment harvests (similar to clearcutting) (Owen et al. 2003, p. 355). When comparing use and availability of habitats, northern long-eared bats preferred diameter-limit harvests and forest roads. In Alberta, Canada, northern long-eared bats avoided the center of clearcuts and foraged more in intact forest than expected (Patriquin and Barclay 2003, p. 654). On Prince Edward Island, Canada, female northern long-eared bats preferred open areas less than forested areas, with foraging areas centered along forest-covered creeks (Henderson and Broders 2008, pp. 956-958). In mature forests in South Carolina, 10 of the 11 stands in which northern long-eared bats were detected were mature stands (Loeb and O'Keefe 2006, p. 1215). Within those mature stands, northern long-eared bats were more likely to be recorded at points with sparse or medium vegetation rather than points with dense vegetation, suggesting that some natural gaps within mature forests can provide good foraging habitat for northern long-eared bats (Loeb and O'Keefe 2006, pp. 1215-1217). However, in southwestern North Carolina, Loeb and O'Keefe (2011, p. 175) found that northern long-eared bats rarely used forest openings, but often used roads. Forest trails and roads may provide small gaps for foraging and cover from predators (Loeb and O'Keefe 2011, p. 175). In general, northern long-eared bats appear to prefer intact mixed-type forests with small gaps (
Impacts to northern long-eared bats from forest management would be expected to vary depending on the timing of tree removal, location (within or outside northern long-eared bat home range), and extent of removal. While bats can flee during tree removal, removal of occupied roosts (during spring through fall) may result in direct injury or mortality to some percentage of northern long-eared bats. This percentage would be expected to be greater if flightless pups or inexperienced flying juveniles were also present. Forest management outside of northern long-eared bat summer home ranges or away from hibernacula would not be expected to affect the conservation of the species.
Forest management is not usually expected to result in a permanent loss of suitable roosting or foraging habitat for northern long-eared bats. On the contrary, forest management is expected to maintain a forest over the long term for the species. However, localized temporary reductions in suitable roosting and/or foraging habitat can occur from various forest practices (
As we documented in the interim 4(d) rule, forestry management and silviculture are vital to the long-term survival and recovery of the species. Based on information obtained during comment periods, approximately 2 percent of forests in States within the range of the northern long-eared bat are impacted by forest management activities annually (Boggess et al., 2014, p.9). Of this amount, in any given year, a smaller fraction of forested habitat would be impacted during the active season when female bats and pups are most vulnerable. Therefore, we have determined that when the prohibitions for the northern long-eared bat included in this final 4(d) rule are applied to forest management activities, the potential impacts will be significantly reduced.
In our listing determination for the northern long-eared bat, we noted that current and future forest conversion may have negative additive impacts where the species has been impacted by WNS (80 FR 17991; April 2, 2015). Our assessment was based largely on the species' summer-home-range fidelity and the potential for increased energetic demands for individuals where the loss of summer habitat had been removed or degraded (
Many of the comments on the proposed and interim 4(d) rules noted that habitat is not limiting for the northern long-eared bat. As we documented in the final listing determination (80 FR 1802; April 2, 2015), the extent of conversion from forest to other land cover types has been fairly consistent with conversion to forest (cropland reversion/plantings). Further, the recent past and projected amounts of forest loss to conversion was, and is anticipated to be, only a small percentage of the total amount of forest habitat. For example by 2060, 4 to 8 percent of the forested area found in 2007 across the conterminous United States is expected to be lost (U.S Forest Service 2012, p. 12). The northern long-eared bat has been documented to use a wide variety of forest types across its wide range. Therefore, we agree that the availability of forested habitat does not now, nor will it likely in the future, limit the conservation of the northern long-eared bat.
We have determined that when the prohibitions for the northern long-eared bat included in this final 4(d) rule are applied to forest-conversion activities, the potential for negative additive impacts to individuals or colonies is significantly reduced. As WNS impacts bat populations, unoccupied, suitable forage and roosting habitat will be increasingly available for remaining bats.
Under this final 4(d) rule, incidental take within the WNS zone involving tree removal is not prohibited if two conservation measures are followed. The first measure is the application of a 0.25 mile (0.4 km) buffer around known occupied northern long-eared bat hibernacula. The second conservation measure is that the activity does not cut or destroy known occupied maternity roost trees, or any other trees within a 150-foot (45-m) radius around the maternity roost tree, during the pup season (June 1 through July 31). The rationale for these measures is discussed below.
“Known hibernacula” are defined as locations where one or more northern long-eared bats have been detected during hibernation or at the entrance during fall swarming or spring emergence. Given the documented challenges of surveying for northern long-eared bats in the winter (use of cracks, crevices that are inaccessible to surveyors), any hibernacula with northern long-eared bats observed at least once, will continue to be considered “known hibernacula” as long as the hibernacula remains suitable for the northern long-eared bat. A hibernaculum remains suitable for northern long-eared bats even when
We have adopted the 0.25-mile (0.4-km) buffer around known northern long-eared bat hibernacula for several reasons: (1) It will help to protect micro-climate characteristics of the hibernacula; (2) for many known hibernacula, bats use multiple entrances that may not be reflected in the primary location information (
The microclimate, temperature, humidity, and air and water flow within a hibernaculum are all important variables that could potentially be impacted by forest management or other activities when conducted in proximity to a hibernaculum. A 0.25-mile (0.4-km) buffer will protect the hibernaculum's microclimate. Studies that have evaluated the depth of edge influence from forest edge or tree removal on temperature, humidity, wind speed, and light penetration suggest that although highly variable among forest types and other site-specific factors (such as aspect and season), the depth of edge influence can range from 164 feet (50 m) (Matlack 1993, p. 193) to over 1,312 feet (400 m) (Chen et al. 1995, p. 83). However, the hibernacula often selected by northern long-eared bats are “large, with large passages” (Raesly and Gates 1987, p. 20), and may be less affected by relatively minor surficial micro-climatic changes that might result from the limited exempted activities outside of the 0.25-mile (0.4-km) buffer. Further, bats rarely hibernate near the entrances of structures (Grieneisen 2011, p. 10), as these areas can be subject to greater
Northern long-eared bat hibernacula can be large and complex and, spatially, may not be fully represented in locational information contained in species records by State or Federal agencies or by natural heritage programs. A 0.25-mile (0.4-km) buffer will help protect the spatial extent of many known hibernacula. For example, one limestone mine in Ohio used by northern long-eared bats had approximately 44 miles (71 km) of passages and multiple entrances (Brack 2007, p. 740). In northern Michigan, bats (including northern long-eared bats) occupied mines that were more structurally complex and longer (1,007 ft ± 2,837 ft (307m ± 865 m) than mines that were unoccupied, and the occupied mines had a total length of passages that ranged from 33 feet to 4 miles (10 meters to 6.4 kilometers) (Kurta and Smith 2014, p. 592).
Only a relatively small proportion of the areas where swarming northern long-eared bats may occur are likely to be affected by tree-removal activity. There are over 1,500 known hibernacula for the species in the United States (Service 2015, unpublished data), several known in Canada, and potentially many others yet to be identified. Lowe (2012, p. 58) reported that the roosts of northern long-eared bats were evenly distributed over distances within 4.6 miles (7.3 km) from a swarming site. If the northern long-eared bat's potential swarming habitat (including foraging habitat during that period) can be approximated as the forest habitat within 5 miles (8.1 km) of hibernacula, that equates to a 50,265 acre (20,342 ha) area per hibernaculum. In any given year, only a small proportion of the forest habitat within the potential swarming habitat is likely to be impacted by tree-removal activities (
Outside of the maternity period, northern long-eared bats have demonstrated the ability to respond successfully to forest-management-related and other types of disturbances. Therefore, the limited disturbance associated with incidental-take exceptions outside of the 0.25-mile (0.4-km) buffer on hibernacula is consistent with the conservation of the species. For example, Silvis et al.'s (2015, p.1) experimental removal of roosts suggested that the “loss of a primary roost or 20 percent of secondary roosts in the dormant season may not cause northern long-eared bats to abandon roosting areas or substantially alter some roosting behaviors in the following active season when tree-roosts are used.”
Prior to WNS, the most significant risk identified for northern long-eared bat conservation was direct human disturbance while bats are hibernating (
We have prohibited incidental take of northern long-eared bats under specific tree-removal circumstances; however, that does not mean that all activities involving tree-removal activities within the 0.25-mile (0.4-k) buffer of hibernacula will result in take. For example, a timber harvest might be conducted within 0.25 miles (0.4 km) of a hibernaculum at a time when bats are unlikely to be roosting in trees within the buffer (
Female northern long-eared bats roost communally in trees in the summer (Foster and Kurta 1999, p. 667) and exhibit fission-fusion behavior (Garroway and Broders 2007, p. 961), where members frequently roost together (fusion), but the composition and size of the groups is not static, with individuals frequently departing to be solitary or to form smaller or different groups (fission) (Barclay and Kurta 2007, p. 44). As part of this behavior, northern long-eared bats switch tree roosts often (Sasse and Pekins 1996, p. 95), typically every 2 to 3 days (Foster and Kurta 1999, p. 665; Owen et al. 2002, p. 2; Carter and Feldhamer 2005, p. 261; Timpone et al. 2010, p. 119). In Missouri, the longest time spent roosting in one tree was 3 nights (Timpone et al. 2010, p. 118). Bats switch roosts for a variety of reasons, including temperature, precipitation, predation, parasitism, sociality, and ephemeral roost sites (Carter and Feldhamer 2005, p. 264).
Maternity colonies, consisting of females and young, are generally small, numbering from about 30 (Whitaker and Mumford 2009, p. 212) to 60 individuals (Caceres and Barclay 2000, p. 3); however, one group of 100 adult females was observed in Vermilion County, Indiana (Whitaker and Mumford 2009, p. 212) and Lereculeur (2013, p. 25) documented a colony of at least 116 northern long-eared bats. In West Virginia, maternity colonies in two studies had a range of 7 to 88 individuals (Owen et al. 2002, p. 2) and 11 to 65 individuals, with a mean size of 31 (Menzel et al. 2002, p. 110). Lacki and Schwierjohann (2001, p. 485) found that the number of bats within a given roost declined as the summer progressed. Pregnant females formed the largest aggregations (mean=26) and post-lactating females formed the smallest aggregation (mean=4). Their largest overall reported colony size was 65 bats.
Northern long-eared bats change roost trees frequently, but use roost areas repeatedly and to a lesser extent, reuse specific roosts (
The northern long-eared bat's tendency for frequent roost switching may help them avoid or respond effectively to disturbance by people outside of the maternity season. The frequent-roost-switching behavior of northern long-eared bat suggests that they are adapted to responding quickly to changes in roost availably (ephemeral roosts), changing environmental conditions (temperature), prey availability, or physiological needs (torpor, reproduction). In a study of radio-tracked northern long-eared bats responding to the disturbance from prescribed fire (Dickinson et al. 2009, pp. 55-57), the bats appeared “to limit their exposure to conditions created by fire. At no point did they fly outside of their typical home range area, nor did they travel far from the burn itself.” While some of the bats soon returned to areas recently burned, by day 6 and 7 post burn, they “appeared to return to pre-burn norms in terms of emergence time, length of foraging bouts, and use of the burn unit and adjacent habitats.” Carter et al. (2000, pp 139-140), noted that “During the summer months, bats are able to arouse quickly as the difference between the ambient temperature and active body temperature of bats is less. Most bat species utilizing trees and snags have multiple roosts throughout the forest (Sasse and Pekins 1996; Callahan et al. 1997; Menzel et al. 1998; Foster and Kurta 1999, Menzel et al. 2001), providing alternate roosts should the current roost be destroyed by fire.” Sparks et al. (2008, pp. 207-208) documented that northern long-eared bats released in the open during the day demonstrated a successful rapid “flight-to-cover” response.
Adult females give birth to a single pup (Barbour and Davis 1969, p. 104). Birthing within the colony tends to be synchronous, with the majority of births occurring around the same time (Krochmal and Sparks 2007, p. 654). Parturition (birth) likely occurs in late May or early June (Caire et al. 1979, p. 406; Easterla 1968, p. 770; Whitaker and Mumford 2009, p. 213), but may occur as late as July (Whitaker and Mumford 2009, p. 213). Upon birth, the pups are unable to fly, and females return to nurse the pups between foraging bouts at night. In other
Known occupied maternity roost trees are defined as trees that have had female northern long-eared bats or juvenile bats tracked to them or the presence of female or juvenile bats is known as a result of other methods. Once documented, northern-long eared bats are known to continue to use the same roosting areas. Therefore, a tree will be considered to be a “known, occupied maternity roost” as long as the tree and surrounding habitat remain suitable for northern long-eared bats. The incidental take prohibition for known, occupied maternity roosts trees applies only during the during the pup season (June 1 through July 31).
In addition to protecting the known roosts, we have also included in this conservation measure avoiding the cutting or destroying of any other trees within a 150-foot (45-meter) radius from the known, occupied maternity roost tree during the pup season (June 1 through July 31). Leaving a buffer of other trees around the maternity roost tree will help to protect the roost tree from damage or destruction that may be caused by other nearby trees being removed as well as helping protect the roost tree from wind throw and micro-climate changes. O'Keefe (2009 p. 42) documented that a 39-foot (12-meter) buffer around a maternity roost tree during a harvest in May allowed the roost to be successfully used through late July and that one buffered tree was used 2 years in a row. We have adopted a standard for exception of take that is almost four times that which proved effective in this example, in order to better account for the variation in forest types used by the northern long-eared bat and a variety of slopes that might influence how large a buffer may need to be in order to prove effective. Roost trees used by northern long-eared bats are often in fairly close proximity to each other within the species' summer home range. For female northern long-eared bats, the mean distance between roosts was reported as 63m to 600m from a variety of studies published 1996 through 2014 (Foster and Kurta 1999 p. 665; Cryan et al. 2001, p. 46; Swier 2003, pp. 58-59; Jackson 2004, p. 89; Henderson and Broders 2008, p. 958; Johnson et al. 2009, p. 240; Badin 2014, p. 76; Bohrman and Fecske, unpublished data). Further, within that data, the distance between roosts was reported as small as 5 meters in one study (Badin 2014, p. 76) and 36 meters in another (Jackson 2004, p. 89). As Sasse 1995, p. 23, noted “some roost sites appeared to be 'clustered' together.” Therefore, even this modest additional buffer may also protect other roosts trees used by female northern long-eared bats during the maternity period that have not yet been documented. In addition, because colonies occupy more than one maternity roost in a forest stand and individual bats frequently change roosts, in some cases a portion of a colony or social network is likely to be protected by multiple 150-foot buffers during the maternity season.
Currently, since most States and natural heritage programs do not track roosts and many have not tracked any northern long-eared bat occurrences, we recognize that not all northern long-eared bat maternity roost sites are known. Therefore, this measure will not protect an unknown maternity roosts unless it falls under one of the buffers related to protecting a known roost or hibernaculum.
Although not fully protective of every individual, the conservation measures identified in this final rule help protect maternity colonies. This final species-specific rule under section 4(d) of the Act provides the regulatory flexibility for certain activities to occur that have not been the cause of the species' imperilment, while allowing us to focus conservation efforts on WNS, promoting
In this final 4(d) rule we carry forward other standard prohibitions and exceptions that are typically applied to threatened species and are currently applicable under the interim rule for the northern long-eared bat. These prohibitions included the possession of and other acts with unlawfully taken northern long-eared bats, as well as import and export. We also included standard exemptions, including all the permitting provisions of 50 CFR 17.32 and the exemption for employees or agents of the Service, of the National Marine Fisheries Service, or of a State conservation agency when acting in the course of their official duties to take northern long-eared bats covered by an approved cooperative agreement to carry out conservation programs.
The northern long-eared bat was listed as a threatened species under the Act, with an interim rule under section 4(d) of the Act, on April 2, 2015 (80 FR 17974). At that time, the Service invited public comments on the interim 4(d) rule for 90 days, ending July 1, 2015. The Service had already received comments for 60 days on its proposed 4(d) rule (80 FR 2371, January 16, 2015). In total, the Service received approximately 40,500 comments on the proposed and interim 4(d) rules. We discuss them below.
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With respect to the Center's proposed 4(d) language, we note that the proposed language defines specific prohibitions and would make a regulatory determination of “take” to include a number of actions. These include cave and mine entry without implementing decontamination protocols; transporting equipment into caves and mines or between caves and mines between the WNS zone and non-WNS zone; cave and mine entry during hibernation periods; activities associated with hydraulic fracturing within 5 miles of a hibernaculum, within 1.5 miles of an occupied roost tree, or within 3 miles of an acoustic detection or bat capture record; noise disturbance activities within a 0.5-mile radius of a hibernaculum during the hibernation period; and disruption of water sources within hibernacula. With respect to protection of hibernacula, take of northern long-eared bats is prohibited. Establishing the causal connection between a variety of activities such as those the Center proposed to be defined as prohibitions is beyond the scope of this rule. We have addressed hibernacula protection provisions in this rule under the section entitled
In addition to the Center's suggested language for hibernacula prohibitions, they recommended language regarding prohibitions for prescribed burning and aerial spraying. Based on our analysis, we conclude that prescribed burning and aerial spraying do not have a measurable population-level impact on the species and regulation of those activities will not meaningfully impact the species' ability to recover. For further information on prescribed fire impacts, see Prescribed Fire above. For further information on aerial spraying of pesticides, please see the Environmental Contaminants section above.
The final prohibition suggested by the Center was the operation of utility-scale wind projects, specifically during the hours from dusk to sunrise during the fall swarming season, at low wind speeds, and within 5 miles of a hibernaculum. Incidental take resulting from the operation of wind energy facilities is not prohibited by this final 4(d) rule and a complete discussion of known impacts to the species may be found in the Wind Energy Facilities section above.
Finally, the Center provided suggested regulatory text for exemptions from prohibitions that included language for seasonal restrictions, clearing restrictions, mandatory measures for hibernacula protection (gate installation), water quality protection measures, and data collection and reporting requirements. We recognize the effort that has gone into the development of this alternative language. However, we have carefully considered the measures that are necessary for the protection of the species. Our final rule has been developed based on the Service's desire to implement protective measures that will make a meaningful impact on species conservation and recovery. As stated elsewhere in this document (see Determination section, below), we have provided regulatory flexibility while implementing protective measures where we have determined those measures to be necessary and advisable for conservation of the species.
Section 4(d) of the Act states that “the Secretary shall issue such regulations as she deems `necessary and advisable to provide for the conservation' ” of species listed as threatened species. Conservation is defined in the Act to mean “to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to [the Act] are no longer necessary.”
The courts have recognized the extent of the Secretary's discretion under this standard to develop rules that are appropriate for the conservation of a species. For example, the Secretary may find that it is necessary and advisable not to include a taking prohibition, or to include a limited taking prohibition. See Alsea Valley Alliance v Lautenbacher, 2007 U.S. Dist. Lexis 60203 (D. Or. 2007); Washington Environmental Council v. National Marine Fisheries Service, 2002 U.S. Dist. Lexis 5432 (W.D. Wash. 2002). In addition, as affirmed in State of Louisiana v. Verity, 853 F. 2d 322 (5th Cir. 1988), the rule need not address all the threats to the species. As noted by Congress when the Act was initially enacted, “once an animal is on the threatened list, the Secretary has an almost infinite number of options available to him [her] with regard to the permitted activities for those species. [She] may, for example, permit taking, but not importation of such species,” or she may choose to forbid both taking and importation but allow the transportation of such species, as long as the prohibitions, and exceptions to those prohibitions, will “serve to conserve, protect, or restore the species concerned in accordance with the purposes of the Act” (H.R. Rep. No. 412, 93rd Cong., 1st Sess. 1973).
Section 9 prohibitions make it illegal for any person subject to the jurisdiction of the United States to violate any regulation pertaining to any threatened species of fish or wildlife listed pursuant to section 4 of the Act and promulgated by the Secretary pursuant to authority provided by the Act. Under this final 4(d) rule, incidental take of the northern long-eared bat will not be prohibited outside the WNS zone. Incidental take also will not it be prohibited within the WNS zone, outside of hibernacula, provided that it occurs more than 0.25 miles (0.4 km) from a known hibernacula and does not result from an activity that cuts or destroys known occupied maternity roost trees, or any other trees within a 150-foot (45-m) radius from the maternity tree, during the pup season (June 1 through July 31).
Accordingly, we have determined that this provision is necessary and advisable for the conservation of the northern long-eared bat as explained below.
Although not fully protective of every individual, the conservation measures identified in this final rule help protect maternity colonies. This final species-specific rule under section 4(d) of the Act provides the flexibility for certain activities to occur that have not been the cause of the species' imperilment, while still promoting conservation of the species across its range.
The northern long-eared bat was listed as a threatened species under the Act, with an interim rule under section 4(d), on April 2, 2015 (80 FR 17974). At that time, the Service invited public comment on the interim 4(d) rule for 90 days, ending July 1, 2015. The Service had already received comments for 60 days on its proposed 4(d) rule (80 FR 2371; January 16, 2015). In total, the Service received approximately 40,500 comments on the proposed and interim 4(d) rules. For a complete discussion of the comments, as well as the Service's response to comments, see Summary of Comments and Recommendations on the Proposed and Interim 4(d) Rules, above.
Because the primary threat to the northern long-eared bat is a fungal disease known as WNS, the Service has tailored the final 4(d) rule to prohibit the take of northern long-eared bats from certain activities within areas where they are in decline, as a result of WNS, and within these areas we apply incidental take protection only to known, occupied maternity roost trees and known hibernacula. These protections will help to conserve the northern long-eared bat during its most vulnerable life stages (from birth to flight, or volancy) and during spring and fall swarming (near hibernacula).
In summary, this 4(d) rule is necessary and advisable to provide for the conservation of the northern long-eared bat because it provides for protection of known maternity roost trees and known hibernacula within the WNS zone. In addition, promulgation of this rule allows the conservation community to provide for species conservation where it can affect change, namely during the northern long-eared bat's most vulnerable life stages and where hibernation occurs. This final 4(d) rule allows the regulated public to manage lands in a manner that is lawful and compatible with species' survival, and it allows for protection of the species in a manner that the Secretary deems to be necessary and advisable for the conservation of the northern long-eared bat. By this rule, the Secretary deems that the prohibition of certain take, which is incidental to otherwise lawful activities that take bat habitat, is not necessary for the long-term survival of the species. Furthermore, she acknowledges the importance of addressing the threat of WNS as the primary measure to arrest and reverse the decline of the species. Nothing in this 4(d) rule affects other provisions of the Act, such as designation of critical habitat under section 4, recovery planning under section 4(f), and consultation requirements under section 7.
Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget will review all significant rules. OIRA has determined that this rule is not significant. Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this final 4(d) rule in a manner consistent with these requirements.
Listing and status determinations under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531
Under the Regulatory Flexibility Act, whenever an agency must publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effects of the rule on small entities (small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of the agency certifies the rule will not have a significant economic impact on a substantial number of small entities. SBREFA amended the RFA to require Federal agencies to provide a statement of the factual basis for certifying that the rule will not have a significant economic impact on a substantial number of small entities. Thus, for a regulatory flexibility analysis to be required, impacts must exceed a threshold for “significant impact” and a threshold for a “substantial number of small entities.” See 5 U.S.C. 605(b). Based on the information that is available to us at this time, we certify that this rule will not have a significant economic impact on a substantial number of small entities. The following discussion explains our rationale.
On April 2, 2015 (80 FR 17974), we published the final determination to list the northern long-eared bat as a threatened species and an interim 4(d) rule. That rule became effective on May 4, 2015, and the interim 4(d) rule will remain in effect until this final rule becomes effective (see
This final 4(d) rule does not generally apply the prohibitions of 50 CFR 17.31 to the northern long-eared bat. This rule continues to prohibit purposeful take of
We completed an analysis of the forested land area that may be impacted by this rulemaking. There are approximately 400,000,000 acres (161,874,256 ha) of forested habitat across the range of the northern long-eared bat, which includes 37 States and the District of Columbia. This rule may restrict land use activities on approximately 200,000 acres (80,937 ha). This area constitutes less than 0.05 percent of all forested habitat across the extensive range of the northern long-eared bat. Any impact in this very small portion of forested habitat is not expected to affect a substantial number of entities in any given sector, nor result in a significant economic impact on any given entity. For the above reasons, we certify that the final rule will not have a significant economic impact on a substantial number of small entities. Therefore, a final regulatory flexibility analysis is not required.
Executive Order 13211 (Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use) requires agencies to prepare Statements of Energy Effects when undertaking certain actions. For reasons discussed within this final rule, we believe that the rule will not have any effect on energy supplies, distribution, or use. Therefore, this action is not a significant energy action, and no Statement of Energy Effects is required.
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
(1) This final rule will not produce a Federal mandate. In general, a Federal mandate is a provision in legislation, statute, or regulation that would impose an enforceable duty upon State, local, or Tribal governments, or the private sector, and includes both “Federal intergovernmental mandates” and “Federal private sector mandates.” These terms are defined in 2 U.S.C. 658(5)-(7). “Federal intergovernmental mandate” includes a regulation that “would impose an enforceable duty upon State, local, or [T]ribal governments” with two exceptions. It excludes “a condition of Federal assistance.” It also excludes “a duty arising from participation in a voluntary Federal program,” unless the regulation “relates to a then-existing Federal program under which $500,000,000 or more is provided annually to State, local, and [T]ribal governments under entitlement authority,” if the provision would “increase the stringency of conditions of assistance” or “place caps upon, or otherwise decrease, the Federal Government's responsibility to provide funding,” and the State, local, or Tribal governments “lack authority” to adjust accordingly. At the time of enactment, these entitlement programs were: Medicaid; AFDC work programs; Child Nutrition; Food Stamps; Social Services Block Grants; Vocational Rehabilitation State Grants; Foster Care, Adoption Assistance, and Independent Living; Family Support Welfare Services; and Child Support Enforcement. “Federal private sector mandate” includes a regulation that “would impose an enforceable duty upon the private sector, except (i) a condition of Federal assistance or (ii) a duty arising from participation in a voluntary Federal program.”
(2) This final 4(d) rule will result in less restrictive regulations under the Act, as it pertains to the northern long-eared bat, than would otherwise exist without a 4(d) rule or under the interim 4(d) rule. As a result, we do not believe that this rule will significantly or uniquely affect small government entities. Therefore, a Small Government Agency Plan is not required.
In accordance with Executive Order 12630, this final rule will not have significant takings implications. We have determined that the rule has no potential takings of private property implications as defined by this Executive Order because this 4(d) rule will result in less-restrictive regulations under the Act than would otherwise exist. A takings implication assessment is not required.
In accordance with Executive Order 13132, this final 4(d) rule does not have significant Federalism effects. A federalism summary impact statement is not required. This rule will not have substantial direct effects on the State, on the relationship between the Federal Government and the State, or on the distribution of power and responsibilities among the various levels of government.
In accordance with Executive Order 12988, the Office of the Solicitor has determined that this final rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order.
This rule does not contain collections of information that require approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act. This rule will not impose recordkeeping or reporting requirements on State or local governments, individuals, businesses, or organizations. 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.
We have prepared a final environmental assessment, as defined under the authority of the National Environmental Policy Act of 1969. For information on how to obtain a copy of the final environmental assessment, see
In accordance with the President's memorandum of April 29, 1994 (Government-to-Government Relations with Native American Tribal Governments; 59 FR 22951), Executive Order 13175 (Consultation and Coordination With Indian Tribal Governments), and the Department of the Interior's manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. In accordance with Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act), we readily acknowledge our responsibilities to work directly with tribes in developing programs for healthy ecosystems, to acknowledge that tribal lands are not subject to the same controls as Federal public lands, to remain sensitive to Indian culture, and to make information available to tribes.
In October 2013, Tribes and multi-tribal organizations were sent letters inviting them to begin consultation and coordination with the service on the proposal to list the northern long-eared bat. In August 2014, several Tribes and multi-tribal organizations were sent an additional letter regarding the Service's intent to extend the deadline for making a final listing determination by 6 months. A conference call was also held with Tribes to explain the listing process and discuss any concerns. Following publication of the proposed rule, the Service established three interagency teams (biology of the northern long-eared bat, non-WNS threats, and conservation measures) to ensure that States, Tribes, and other Federal agencies were able to provide input into various aspects of the listing rule and potential conservation measures for the species. Invitations for inclusion in these teams were sent to Tribes within the range of the northern long-eared bat and a few tribal representatives participated on those teams. Two additional conference calls (in January and March 2015) were held with Tribes to outline the proposed species-specific 4(d) rule and to answer questions. Through this coordination, some Tribal representatives expressed concern about how listing the northern long-eared bat may impact forestry practices, housing development programs, and other activities on Tribal lands.
A complete list of references cited in this document is available on the Internet at
The primary authors of this document are the staff members of the Midwest Region of the U.S. Fish and Wildlife Service.
Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation.
Accordingly, we amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as follows:
16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless otherwise noted.
(o) Northern long-eared bat (
(1)
(i) Purposeful take of northern long-eared bat, including capture, handling, or other activities.
(ii) Within the WNS zone:
(A) Actions that result in the incidental take of northern long-eared bats in known hibernacula.
(B) Actions that result in the incidental take of northern long-eared bats by altering a known hibernaculum's entrance or interior environment if it impairs an essential behavioral pattern, including sheltering northern long-eared bats.
(C) Tree-removal activities that result in the incidental take of northern long-eared bats when the activity:
(
(
(iii) Possession and other acts with unlawfully taken northern long-eared bats. It is unlawful to possess, sell, deliver, carry, transport, or ship, by any means whatsoever, any northern long-eared bat that was taken in violation of this section or State laws.
(iv) Import and export.
(2)
(ii) Any person may take a northern long-eared bat that results from the removal of hazardous trees for the protection of human life and property.
(iii) Any person may take a northern long-eared bat by removing it from human structures, but only if the actions comply with all applicable State regulations.
(iv) Purposeful take that results from actions relating to capture, handling, and related activities for northern long-eared bats by individuals permitted to
(v) All of the provisions of § 17.32 apply to the northern long-eared bat.
(vi) Any employee or agent of the Service, of the National Marine Fisheries Service, or of a State conservation agency that is operating a conservation program pursuant to the terms of a cooperative agreement with the Service in accordance with section 6(c) of the Act, who is designated by his agency for such purposes, may, when acting in the course of his official duties, take northern long-eared bats covered by an approved cooperative agreement to carry out conservation programs.
In proposed rule document 2015-32312 beginning on page 79724 in the issue of Wednesday, December 23, 2015 make the following corrections:
1. On page 79728 the table heading “Chart A— Categories and Regulations Addressed in this Fourth
2. On page 79731, the table heading “Chart B—Newly Listed Rules” preceding the text “1. Applications and Reporting” was omitted.
Federal Aviation Administration (FAA), DOT.
Notice of proposed rulemaking (NPRM).
This action would establish a new noise standard for certain subsonic jet airplanes and subsonic transport category large airplanes. This noise standard, known as Stage 5, would apply to any person submitting an application for a new airplane type design with a maximum certificated takeoff weight of 121,254 pounds (55,000 kg) or more on or after December 31, 2017; or with maximum certificated takeoff weight of less than 121,254 pounds (55,000 kg) on or after December 31, 2020. This change would reduce the noise produced by new airplanes and harmonize the noise certification standards for those airplanes certificated in the United States with the new International Civil Aviation Organization noise standard in Annex 16, Chapter 14, effective July 14, 2014.
Send comments on or before April 13, 2016.
Send comments identified by docket number FAA-2015-3782 using any of the following methods:
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For technical questions concerning this action, contact Mehmet Marsan, Office of Environment and Energy (AEE-100), Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-7703; facsimile (202) 267-5594; email
The FAA's authority to issue rules on aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart III, Section 44715, Controlling aircraft noise and sonic boom. Under that section, the FAA is charged with prescribing regulations to measure and abate aircraft noise. This regulation is within the scope of that authority since it would establish stricter noise limits for certain newly certificated airplanes. Applicants for type certificates and changes in type design made after the dates proposed in this rulemaking would be required to comply with the new regulation when adopted.
The FAA is proposing to amend Title 14, Code of Federal Regulations (14 CFR) parts 36 and 91 to add a new noise standard to be known as Stage 5. This noise standard would apply to any person submitting an application for a new airplane that has a maximum certificated takeoff weight of 121,254 pounds (55,000 kg) or more on or after December 31, 2017; or that has a maximum certificated takeoff weight of less than 121,254 pounds (55,000 kg) on or after December 31, 2020. A certification applicant could choose to use this standard on a voluntary basis after the rule is effective but before the new limits are required.
The FAA anticipates that by the time this proposed rule would become effective (after December 31, 2017 for subsonic transport category large airplanes and subsonic jet airplanes, and after December 31, 2020 for smaller versions of the subject airplanes), existing noise reduction technologies will allow subject airplanes to comply with these proposed requirements. Accordingly, the proposed rule would have minimal, if any, cost.
In October 2001, the 33rd Session of The International Civil Aviation Organization (ICAO) Assembly adopted Resolution A33-7, which outlined the basic components of a “Balanced Approach” process for managing aircraft noise at international airports. The Balanced Approach to noise mitigation includes (i) the reduction of noise at its source (
As source noise reduction technology evolves, ICAO introduces new standards to encourage its application. In March 2014, ICAO published a new, more stringent noise standard (which it designated Chapter 14) for subsonic jet airplanes and subsonic transport category large airplanes. This new standard became applicable on January 1, 2015 in those countries that use Annex 16 Volume I as the basis for their aircraft noise certification regulations. As an active member of ICAO, the United States supported the development of this quieter, more stringent aircraft noise standard.
Since the new Chapter 14 is effective and can be used by other ICAO member countries when certifying aircraft in the future, delay in harmonizing U.S. regulations with the standards of Chapter 14 could create a situation in which an airplane certification applicant would have to show compliance with two different standards—the Stage 4 requirement in 14 CFR part 36 and the Chapter 14 requirements of countries that have adopted Annex 16. This circumstance could significantly increase the financial burden on applicants without any benefit.
The adoption of the Stage 5 noise standard for new airplane type designs should not be interpreted as signaling the start of an action aimed at phasing out the existing noise standards that apply to the production or operation of current airplane models. There are no operational restrictions nor production cut-offs on the use of Stage 3 or Stage 4 airplanes in the United States. The adoption of the Stage 5 noise standard for new airplane type designs does not impact either of these existing noise standards that apply to the production or operation of current airplane models in the United States.
• 1969—The FAA promulgated the first aircraft noise regulations in 14 CFR part 36 (“Noise Standards: Aircraft Type Certification”). The new part 36 became effective on December 1, 1969, and set a limit on noise emissions of large aircraft of new type design by establishing Stage 2 certification standards.
• 1972—The U.S. Congress enacted the Noise Control Act, which gave the FAA authority to set limits for aircraft noise emissions. Under this authority, the FAA amended part 36 in 1973 to give a noise stage designation to all newly produced airplanes.
• 1976—The FAA amended the aircraft operating rules of 14 CFR part 91 by adding a new Subpart E entitled “Operating Noise Limits.” This regulation established a phased compliance program for U.S. domestic operators that required them to achieve compliance with Stage 2 or Stage 3 certification standards for all four-engine jet airplanes by January 1, 1985.
• 1977—The FAA amended part 36 to provide for three stages of aircraft noise, each with specified limits. This regulation required applicants for new type certificates applied for on or after November 5, 1975, to comply with “Stage 3” noise limits, which were stricter than the noise limits then being applied. Airplanes in operation at the time that did not meet the Stage 3 noise limits were designated “Stage 2” airplanes.
• 1980—Congress enacted the Aviation Safety and Noise Abatement Act of 1979 (ASNA). The ASNA required the FAA to promulgate regulations that extended the application of the January 1, 1985, cutoff date for the domestic operation of four-engine Stage 1 jet airplanes to apply to U.S. and foreign operators. In 1980, the 1985 operation deadline was made applicable to both domestic and international operations arriving to or departing from a point in the United States.
• 1990—Recognizing the need to both expand airport capacity and provide relief from aviation noise, Congress enacted the Airport Noise and Capacity Act of 1990 (ANCA) on November 5, 1990 (now codified at 49 U.S.C. 47521-47533). The statute required that, after December 31, 1999, all jet airplanes over 75,000 pounds operating in the contiguous United States comply with Stage 3. The regulations implementing the part of the ANCA known as the Stage 3 transition rule became effective on September 25, 1991, and are codified in part 91. The 1991 regulations provided two options to transition domestic fleets to meet this requirement. One option allowed an operator to phase out its Stage 2 airplanes to specified percentages at each compliance date. The second option allowed operators to begin with a fleet that was at least 55 percent Stage 3 and increase that percentage at each compliance date. A new entrant operator (one that did not conduct operations on or before November 5, 1990) was required to have a fleet of at least 25 percent Stage 3 airplanes at the first compliance date and increase the percentage thereafter. All operators were required to operate 100 percent Stage 3 fleets after December 31, 1999. The transition percentages did not apply to non-U.S. operators, though they too remain subject to the operating limitation after December 31, 1999.
• 1991—Congress enacted a separate Stage 2 restriction for operations in Hawaii.
• 2005—The FAA amended part 36 to establish a new quieter noise standard to be known as Stage 4. This noise standard applied to any person submitting an application for a new airplane type design on and after January 1, 2006. Previous Stage 2 and Stage 3 stringencies specified reductions at each noise certification measurement point (flyover, lateral, and approach). Stage 4 combined the three traditional measurement points allowing a total cumulative reduction without specifying reductions at any one measurement point.
• 2012—Congress prohibited the operation of jet airplanes weighing less than 75,000 pounds from operating in the contiguous United States after December 31, 2015, unless the airplane met Stage 3 noise levels.
Much of the background for the development of a Stage 5 noise standard has taken place in the international arena through ICAO. The environmental activities of ICAO are largely undertaken through the Committee on Aviation Environmental Protection (CAEP), which was established by ICAO in 1983, and which superseded the
In 2010, the CAEP Working Group for Noise (WG1) was tasked to develop options to further reduce airplane noise levels. The WG1 met several times over two years to accomplish the task. Representatives of Working Group 2 for Airports and Operations, the Modeling and Databases Group, and the Forecast Economic Analysis Support Group participated in the WG1 meetings to acquaint themselves with noise stringency options and to help WG1 define noise data requirements.
The WG1 considered five more stringent noise certification options for analysis. The new stringency options for analysis were based on the “cumulative” concept of Chapter 4, rather than the “traditional” option with specified reductions at each noise certification measurement point (flyover, lateral, and approach) of Stage 2 and Stage 3. The five cumulative options analyzed were 3, 5, 7, 9 and 11 decibel reductions from the Chapter 4/Stage 4 levels respectively.
In reaching a recommendation for a new ICAO noise standard for subsonic jet and large transport airplanes, the CAEP considered estimates of comprehensive costs and benefits associated with the five options. The technical working groups charged by the CAEP to conduct the costs and benefits analysis used several supporting studies conducted by other CAEP working groups.
A CAEP Steering Group met in July 2012 to review the results of the analysis prepared by the CAEP working groups and to formulate specific recommendations on the new standard and on applicability options that were to be forwarded to the full CAEP.
In February of 2013, the comprehensive costs and benefits analyses of the five stringency options that were prepared by the working groups and the parallel analysis prepared by the United States were presented at the ninth meeting of CAEP (CAEP9) in February 2013. After lengthy discussions, the CAEP9 agreed to approve an amendment to Annex 16, Volume I that included an increase in stringency of 7 EPNdB (cumulative) relative to the current Chapter 4 levels. In addition, the CAEP9 approved the WG1 recommendation to increase the stringency for takeoff weights less than 19,000 pounds (8618Kg).
At the 201st Session of the ICAO Council on March 3, 2014, the new Chapter 14 noise standard in Annex 16 was adopted. The new noise standard, which became effective July 14, 2014, applies to any application for new type designs submitted on or after December 31, 2017 for aircraft weighing 55,000Kg or more; for aircraft weighing less than 55,000Kg at takeoff, the applicability date is December 31, 2020.
The FAA is proposing to establish a new Stage 5 noise standard in part 36 for subsonic jet airplanes and subsonic transport category large airplanes. This new noise standard would ensure that the noise from new airplane designs continues to decline, and anticipates the incorporation of the latest available noise reduction technology. The proposed Stage 5 noise standard mirrors the ICAO Annex 16, Chapter 14 noise standard. The following is a discussion of the specific proposed changes to the certification standards in part 36 and its appendices and the operating rules of part 91 that are necessary to establish the proposed Stage 5 noise standard.
The FAA is proposing to add the following three terms to both § 36.1(f) and § 91.851: “Stage 5 noise level”, “Stage 5 airplane” and “Chapter 14 noise level.” In § 36.1(f), these terms would be designated as paragraphs (f)(12), (f)(13), and (f)(14) respectively. In § 91.851, the defined terms are listed alphabetically and these three new terms would be inserted accordingly.
The first term, Stage 5 Noise Level, is the designation for maximum permitted noise levels for the proposed standard. The second term, Stage 5 airplane, is the designation given to an airplane that complies with the proposed standard. The third term, “Chapter 14 noise level”, is the ICAO Annex 16, Volume 1 designation that corresponds to the Stage 5 noise level.
The FAA is proposing to add a new paragraph (c)(4) to § 36.6 to incorporate by reference ICAO Annex 16, Volume 1, Aircraft Noise, Seventh Edition, July 2014, Amendment 11-B. This change allows full reference to the 2014 version of the ICAO document that includes the Chapter 14 requirements for noise measurement and evaluation and the maximum acceptable noise levels. Amendment 11-B introduced the more stringent standard designated Chapter 14 (proposed here as Stage 5 in the United States) and includes a new Chapter 13 for tiltrotor aircraft noise standards. The Annex 16 documents are available for purchase by any interested person from ICAO.
The FAA is proposing to amend § 36.7 to include the Stage 5 designation. The regulation prohibits certificated airplanes from adopting a design change that increases noise to the point that a lower noise stage designation is needed.
Accordingly, a new paragraph (e)(5) is proposed to specify that a Stage 3 airplane that becomes a Stage 5 airplane would have to remain a Stage 5 airplane. Paragraph (f) would be redesignated (f)(1), and a new paragraph (f)(2) would be added to specify that a Stage 4 airplane that becomes a Stage 5 airplane would have to remain a Stage 5 airplane. A new paragraph (g) would be added to specify that a Stage 5 airplane that underwent a change in type design would have to remain a Stage 5 airplane. Each of these sections apply when an applicant proposes a change to a type design that would increase noise levels under the acoustical change process described in 14 CFR 21.93(b).
The date the proposed Stage 5 noise limits would apply differs depending on the maximum certificated take‐off weight of airplane for which type certification is sought:
• For airplanes with a maximum certificated takeoff weight of 121,254 pounds (55,000 kg) or more, the new noise limits would apply to applications made on and after December 31, 2017;
• For airplanes with a maximum certificated takeoff weight less than 121,254 pounds (55,000 kg), the new noise limits would apply to applications made on and after December 31, 2020.
As the dates for the new Stage 5 standard approaches, an applicant may find that its airplane meets the Stage 5 noise limits before they are required. Once the Stage 5 standard is effective, the applicant may choose to have the airplane certificated to Stage 5 earlier than required. The FAA is proposing to amend § 36.103(c) to indicate that Stage 4 certification will end on the dates
The FAA is proposing to add new § 36.106 entitled “Flight Manual statement of Chapter 14 noise level equivalency”. The need for a noise level equivalency statement evolved from problems experienced by U.S. operators when they were operating outside the United States. Because the FAA does not issue noise certificates, some foreign entities were confused as to the noise status of U.S. aircraft, and questioned whether Stage 3 references in the flight manual were sufficient to meet Chapter 3 requirements (especially since the two standards were not identical). When the FAA adopted Stage 4 in 2005, we included in § 36.105 a requirement to include a statement in the manual that the noise levels represent compliance with Stage 4. It then states that the FAA considered Stage 4 noise levels to be equivalent to the Chapter 4 noise levels required by ICAO countries. It is an important distinction that the FAA was not making a finding of compliance with Chapter 4, as we have no authority to do so. The statement acknowledges that the noise levels are considered by the FAA to be the same for the two certification bases.
Accordingly, we are proposing a similar statement for Chapter 5 noise levels being the equivalent to the noise levels of Chapter 14. Users of the information are encouraged to provide feedback on how often this statement has been referenced, and whether any other information that might be useful could be included, as a comment to this action.
Appendix A to part 36 prescribes the conditions under which airplane noise certification tests must be conducted and describes the measurement procedures that must be used in the measurement of airplane noise during certification testing. The most recent published ICAO measurement procedures that correspond to part 36, Appendix A are in Appendix 2 to ICAO Annex 16, Environmental Protection, Volume I, Aircraft Noise, Third Edition, July 2014, Amendment 11-B, that became applicable January 1, 2015. Before this version was adopted by ICAO earlier this year, there had been no substantive changes to the measurement procedures in either document since their harmonization in 2002.
To account for the changes to Annex 16, the FAA is proposing to add a new paragraph to Appendix A, A36.1.5, that would specify Appendix 2 to ICAO Annex 16, Environmental Protection, Volume I, Aircraft Noise, Third Edition, July 2014, Amendment 11-B, effective July 14, 2014, as an acceptable alternative for noise measurement and evaluation for Stage 5 airplanes. Specifying this acceptable alternative will harmonize the noise certification measurement procedures of part 36 with Annex 16, Volume 1 for Stage 5 airplanes. Since 2002, the FAA has allowed the Annex 16 noise measurement and evaluation procedures as an alternative to those in part 36 for subsonic jet airplanes and subsonic transport category large airplanes in part 36. This use creates a nearly uniform noise certification standard for airplanes certified both in the United States and in the countries that recognize the Annex as their national standard.
Appendix B to Part 36 contains the maximum noise levels for transport category and jet airplanes, and the noise certification test reference procedures and conditions. To comply with Appendix B, an applicant must show that noise levels were measured and evaluated using the procedures of Appendix A of this part, or an approved equivalent procedure.
In 2005 when the Stage 4 requirements were adopted, section B36.1 was amended to include the ICAO Annex 16 requirements for noise measurement and evaluation as an alternative. We are now proposing to amend section B36.1 to include an acceptable alternative for Stage 5 noise measurement and evaluation. The proposed alternative is Appendix 2 to ICAO Annex 16, Environmental Protection, Volume I, Aircraft Noise, Third Edition, July 2014, Amendment 11-B, applicable January 1, 2015.
The maximum noise levels for each stage airplane are specified in Section B36.5. The FAA is proposing to add the maximum noise levels for Stage 5 airplanes as paragraph B36.5(e).
The Airport Noise and Capacity Act of 1990 prohibited the operation of civil subsonic jet airplanes over 75,000 pounds in the contiguous United States after December 31, 1999, unless they complied with Stage 3 noise levels. This restriction was codified in the operating rules in § 91.853. That section was amended in 2005 to include the operation of Stage 4 airplanes when that standard was adopted. The FAA is proposing to add the phrase “or Stage 5” to include airplanes certificated to the new standard.
Similarly, in 2012, Congress prohibited the operation of civil subsonic jet airplanes weighing less than 75,000 pounds from operating in the contiguous United States after December 31, 2015, unless they comply with Stage 3 noise levels. That restriction was codified in § 91.881, to which the FAA now proposes to add the phrase “Stage 4 or Stage 5 noise levels” to include airplanes certificated to the quieter standards.
Similar changes to account for newer certifications are proposed for §§ 91.855, 91.858, 91.859, 91.881, and 91.883.
This proposed rule would add a definition to § 81.851 for “Chapter 14 noise levels” to incorporate by reference the definition found in ICAO Annex 16, (details). That document is described in section III B, above. A change to the format of § 91.851 is being made to account for the addition of a second incorporation by reference within the definitions. The section will now include the definitions themselves in paragraph (a) and the references for the incorporated documents in paragraph (b).
The noise limits adopted by ICAO for Chapter 4 were 10dB lower at every weight than the then-existing Chapter 3. However, Chapter 14 imposes the stringency requirements at different times for different aircraft weights it identifies. In addition, for aircraft less than 8618kgs, the stringencies adopted are not parallel to the Stage 4 standards.
The FAA understands the Chapter 14 requirements, proposed here as Stage 5, as follows:
a. An airplane's maximum flyover, lateral and approach noise levels are each subtracted from the maximum permitted noise levels for Chapter 3 airplanes defined in Annex 16. The differences obtained are the noise limit margins which must be 17 EPNdB or greater when added together; and
b. An airplane's maximum noise levels (flyover, lateral, and approach) have to be at least 1 EPNdB less than the maximum permitted noise levels for Chapter 3 airplanes.
The new standard would apply to new airplane types submitted for certification after December 31, 2017 (or December 31, 2020, for airplanes
Annex 16 includes a second applicability date of December 31, 2020, for airplanes with a takeoff weight less than 55,000kg. The later compliance date was adopted to accommodate regional jet and propeller driven aircraft manufacturer's request for time to improve their products to meet the new stringency. The manufacturers asserted to CAEP that the technologies available for larger aircraft were not available for their lighter products because of technical constraints or economical unfeasibility. The 2020 applicability date is intended to account for the delayed changes in technology for lighter airplanes.
Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 and Executive Order 13563 direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, the Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with the base year of 1995).
Department of Transportation Order DOT 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If the expected impact is so minimal that a proposed or final rule does not warrant a full evaluation, this order permits that a statement to that effect and the basis for it being included in the preamble if a full regulatory evaluation of the costs and benefits is not prepared. Such a determination has been made for this proposed rule. The reasoning for that determination follows.
This proposed rule would establish a new Stage 5 noise standard for subsonic jet airplanes and subsonic transport category large airplanes. The proposed noise standard would apply to new type designs for which application is made on or after December 31, 2017, for airplanes with a maximum certificated takeoff weight of 121,254 pounds (55,000 kilograms) or more, and December 31, 2020, for airplanes with a maximum certificated takeoff weight of less than 121,254 pounds (55,000 kilograms).
The proposed noise standard would provide more stringent noise certification standards for Stage 5 airplanes certificated in the United States and would be consistent with those for airplanes certificated under the new International Civil Aviation Organization (ICAO) Annex 16 Chapter 14 noise standards.
The development of the new ICAO rule was summarized above. Additional documents describing the development of the new ICAO rule in more detail, including cost analyses used by ICAO, are available in the docket. These documents include:
1. Cost-benefit Analysis of CAEP9 Noise Stringency Options, presented by U.S. CAEP Member, COMMITTEE ON AVIATION ENVIRONMENTAL PROTECTION (CAEP), NINTH MEETING, Montreal, 4 to 15 February 2013.
2. Report of the Ninth Meeting, COMMITTEE ON AVIATION ENVIRONMENTAL PROTECTION (CAEP), NINTH MEETING, Montreal, 4 to 15 February 2013.
Several airplanes currently in production that have a maximum certificated takeoff weight of more than 121, 254 pounds already meet the proposed Stage 5 noise limits. These airplanes include the Airbus A-380 and A-350, and the Boeing 747-8 and 787 models.
The applicability date of December 31, 2020, for airplanes with a maximum certificated takeoff weight of less than 121,254 pounds was adopted by the ICAO to accommodate the requests of the manufacturers of lighter jet and propeller-driven airplanes for more time to meet the new requirements. These manufacturers asserted that the technologies available for heavier airplanes were not available for their products because of technical restraints or economic unfeasibility.
Aerospace technology is continually evolving. As performance improvements are introduced in airplanes for competitive reasons, they often result in less noise. For many of the new airplane programs announced prior to CAEP9 (2013), analyses show that such airplanes will be able to meet the proposed Stage 5 standard without any additional cost.
Recently, there have been technological advances in the lower weight classes such as the geared turbofan engine and the development of quieter control surfaces. Given these recent technological advances in lighter airplanes, the FAA expects all manufacturers to be able meet the new standards by the December 31, 2020, date. As this expectation is crucial to the minimal cost determination, the FAA requests comments regarding whether the existing and expected technological advancements will be sufficient to allow the manufacturers to achieve compliance with the provisions of the proposed rule by 2020.
In 2017 and 2020, when the proposed rule would become effective, all new type design subsonic transport category large airplanes, followed by smaller airplanes, will be able to meet the Stage 5 noise limits by using then-current available noise reduction technologies. Therefore, the proposed rule would have minimal, if any, cost.
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objective of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the business, 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. The RFA covers a wide range of small entities, including small businesses, not-for-profit organizations and small governmental jurisdictions.
Agencies must perform a review to determine whether a rule will have a significant economic impact on a
However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear.
In 2017 and 2020, when the proposed rule would become effective, all new type design subsonic transport category large airplanes, followed by smaller airplanes, will be able to meet the Stage 5 noise limits by using then-current available noise reduction technologies. Therefore, the proposed rule would have minimal, if any, cost.
If an agency determines that a rulemaking will not result in a significant economic impact on a substantial number of small entities, the head of the agency may so certify under section 605(b) of the RFA. Therefore, as provided in section 605 (b), the head of the FAA certifies that this rulemaking would not result in a significant economic impact on a substantial number of small entities.
The FAA invites industry comments on this determination and requests that all comments be accompanied with clear and detailed supporting data.
The Trade Agreement Act of 1979 (Pub. L. 96-39), as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards.
The FAA has assessed the potential effect of this proposed rule and determined that it would reduce impediments to international traded by aligning United States standards with ICAO standards.
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (in 1995 dollars) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a “significant regulatory action.” The FAA currently uses an inflation-adjusted value of $155 million in lieu of $100 million.
For the reasons stated above regarding the expected minimal cost of this proposed standard, this proposed rule does not contain such a mandate. Therefore, the requirements of Title II of the Act do not apply.
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the Public. The noise stringency requirement proposed here would not require any new collection of information and none is associated with this proposed rule. The FAA has determined that there would be no new requirement for information collection associated with this proposed rule.
In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. The FAA has reviewed the corresponding ICAO Standards and Recommended Practices and has identified no differences with these proposed regulations.
Executive Order (E.O.) 13609, Promoting International Regulatory Cooperation, (77 FR 26413, May 4, 2012) promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policy and agency responsibilities of Executive Order 13609, Promoting International Regulatory Cooperation. The agency has determined that this action would adopt the same regulatory standards as ICAO has adopted for Stage 5 (ICAO Chapter 14) noise certification, preventing any unnecessary difference in requirements between the United States and countries that use ICAO standards as their regulatory requirements.
FAA Order 1050.1E identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this rulemaking action qualifies for the categorical exclusion identified in paragraph 312d of the Order and involves no extraordinary circumstances.
Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat. 3213) requires the Administrator, when modifying 14 CFR regulations in a manner affecting intrastate aviation in Alaska, to consider the extent to which Alaska is not served by transportation modes other than aviation, and to establish appropriate regulatory distinctions. Because this proposed rule would apply to all newly certificated airplanes after the dates specified, it could, if adopted, affect intrastate aviation in Alaska. The FAA, therefore, specifically requests comments on whether there is justification for applying the proposed rule differently in intrastate operations in Alaska.
The FAA has analyzed this proposed rule under the principles and criteria of Executive Order 13132, Federalism. The agency has determined that this action would not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, would not have Federalism implications.
The FAA analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The agency has determined that it would not be a “significant energy action” under the executive order and would not be
The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. The agency also invites comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time.
The FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The agency may change this proposal in light of the comments it receives.
Commenters should not file proprietary or confidential business information in the docket. Such information must be sent or delivered directly to the person identified in the
Under 14 CFR 11.35(b), if the FAA is aware of proprietary information filed with a comment, the agency does not place it in the docket. It is held in a separate file to which the public does not have access, and the FAA places a note in the docket that it has received it. If the FAA receives a request to examine or copy this information, it treats it as any other request under the Freedom of Information Act (5 U.S.C. 552). The FAA processes such a request under Department of Transportation procedures found in 49 CFR part 7.
An electronic copy of rulemaking documents may be obtained from the Internet by—
1. Searching the Federal eRulemaking Portal (
2. Visiting the FAA's Regulations and Policies Web page at
3. Accessing the Government Printing Office's Web page at
Copies may also be obtained by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Commenters must identify the docket or notice number of this rulemaking.
All documents the FAA considered in developing this proposed rule, including economic analyses and technical reports, may be accessed from the Internet through the Federal eRulemaking Portal referenced in item (1) above.
Aircraft, Aviation safety, Life-limited parts, Incorporation by reference, Reporting and recordkeeping requirements.
Aircraft, Aviation safety, Life-limited parts, Incorporation by reference, Reporting and recordkeeping requirements.
In consideration of the foregoing, the Federal Aviation Administration proposes to amend chapter I of title 14, Code of Federal Regulations as follows:
42 U.S.C. 4321
(f) * * *
(12) A “Stage 5 noise level” means a noise level at or below the Stage 5 noise limit prescribed in section B36.5(e) of Appendix B of this part.
(13) A “Stage 5 airplane” means an airplane that has been shown under this part not to exceed the Stage 5 noise limit prescribed in section B36.5(e) of Appendix B of this part.
(14) A “Chapter 14 noise level” means a noise level at or below the Chapter 14 maximum noise level prescribed in Chapter 14 of the International Civil Aviation Organization (ICAO) Annex 16, Volume I, Amendment 11-B, applicable January 1, 2015. (Incorporated by reference, see § 36.6).
(c) * * *
(4) International Standards and Recommended Practices entitled “Environmental Protection, Annex 16 to the Convention on International Civil Aviation, Volume I, Aircraft Noise”, Seventh Edition, July 2014, amendment 11-B, effective July 14, 2014.
(e) * * *
(5) If an airplane is a Stage 3 airplane prior to a change in type design, and becomes a Stage 5 airplane after the change in type design, the airplane must remain a Stage 5 airplane.
(f)(1) * * *
(2) If an airplane is a Stage 4 airplane prior to a change in type design, and becomes a Stage 5 airplane after the change in type design, the airplane must remain a Stage 5 airplane.
(g)
(c) Type certification applications between January 1, 2006, and the date specified in paragraph (d) or (e) of this section, as applicable for airplane weight. If application is made on or after January 1, 2006, and before the date specified in paragraph (d) or (e) of this section (as applicable for airplane weight), it must be shown that the noise levels of the airplane are no greater than the Stage 4 noise limit prescribed in section B36.5(d) of appendix B of this
(d) For airplanes with a maximum certificated takeoff weight of 121,254 pounds (55,000 kg) or more, type certification applications on or after December 31, 2017. If application is made on or after December 31, 2017, it must be shown that the noise levels of the airplane are no greater than the Stage 5 noise limit prescribed in section B36.5(e) of Appendix B of this part. Prior to December 31, 2017, an applicant may seek voluntary certification to Stage 5. If Stage 5 certification is chosen, the requirements of § 36.7(g) of this part will apply.
(e) For airplanes with a maximum certificated take-off weight of less than 121,254 pounds (55,000 kg), type certification applications on or after December 31, 2020. If application is made on or after December 31, 2020, it must be shown that the noise levels of the airplane are no greater than the Stage 5 noise limit prescribed in section B36.5(e) of Appendix B of this part. Prior to December 31, 2020, an applicant may seek voluntary certification to Stage 5. If Stage 5 certification is chosen, the requirements of § 36.7(g) of this part will apply.
For each airplane that meets the requirements for Stage 5 certification, the Airplane Flight Manual or operations manual must include the following statement: “The following noise levels comply with part 36, Appendix B, Stage 5 maximum noise level requirements and were obtained by analysis of approved data from noise tests conducted under the provisions of part 36, Amendment [insert part 36 amendment number to which the airplane was certificated]. The noise measurement and evaluation procedures used to obtain these noise levels are considered by the FAA to be equivalent to the Chapter 14 noise levels required by the International Civil Aviation Organization (ICAO) in Annex 16, Volume 1, Appendix 2, Amendment 11-B, applicable January 1, 2015.” (Incorporated by reference, see § 36.6).
A36.1.5 For Stage 5 airplanes, an acceptable alternative for noise measurement and evaluation is Appendix 2 to the International Civil Aviation Organization (ICAO) Annex 16, Environmental Protection, Volume I, Aircraft Noise, Seventh Edition, July 2014, Amendment 11-B, effective July 14, 2014. (Incorporated by reference, see § 36.6).
(b) For Stage 4 airplanes, an acceptable alternative to paragraph (a) of this section for noise measurement and evaluation is Appendix 2 to the International Civil Aviation Organization ICAO) Annex 16, Environmental Protection, Volume I, Aircraft Noise, Third Edition, July 1993, Amendment 7, effective March 21, 2002. (Incorporated by reference, see § 36.6).
(c) For Stage 5 airplanes, an acceptable alternative to paragraph (a) of this section for noise measurement and evaluation is Appendix 2 to the International Civil Aviation Organization ICAO) Annex 16, Environmental Protection, Volume I, Aircraft Noise, Seventh Edition, July 2014, Amendment 11-B,, effective July 14, 2014. (Incorporated by reference, see § 36.6).
(e) For any Stage 5 airplane, the flyover, lateral, and approach maximum noise levels are prescribed in Chapter 14, Paragraph 14.4, Maximum Noise Levels, of the International Civil Aviation Organization (ICAO) Annex 16, Environmental Protection, Volume I, Aircraft Noise, Seventh Edition, July 2014, Amendment 11-B, effective July 14, 2014. (Incorporated by reference, see § 36.6).
49 U.S.C. 106(f), 106(g), 1155, 40103, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 47534, articles 12 and 29 of the Convention on International Civil Aviation (61 Stat. 1180), (126 Stat. 11).
The revisions and additions read as follows:
(a) * * *
(b) The Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 approved the incorporation by reference of these documents. Copies may be reviewed at the U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590 or 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:
(1) International Civil Aviation Organization (ICAO), Document Sales Unit, 999 University Street, Montreal, Quebec H3C 5H7, Canada,
(i) ICAO Annex 16, Volume I, Amendment 7, effective March 21, 2002.
(ii) ICAO Annex 16, Volume I, Seventh Edition, July 2014, Amendment 11-B, effective July 14, 2014.
(2) [Reserved]
Except as provided in § 91.873, after December 31, 1999, no person shall operate to or from any airport in the contiguous United States any airplane subject to § 91.801(c) of this subpart, unless that airplane has been shown to comply with Stage 3, Stage 4, or Stage 5 noise levels.
(a) The airplane complies with Stage 3, Stage 4, or Stage 5 noise levels.
(a) * * *
(2) Obtain modifications to meet Stage 3, Stage 4, or Stage 5 noise levels.
For an airplane subject to § 91.801(c) of this subpart and otherwise prohibited from operation to or from an airport in the contiguous United States by § 91.855, any person may apply for a special flight authorization for that airplane to operate in the contiguous United States for the purpose of obtaining modifications to meet Stage 3, Stage 4, or Stage 5 noise levels.
Except as provided in § 91.883, after December 31, 2015, a person may not operate to or from an airport in the contiguous United States a civil subsonic jet airplane subject to § 91.801(e) of this subpart that weighs less than 75,000 pounds unless that airplane has been shown to comply with Stage 3, Stage 4, or Stage 5 noise levels.
(a) * * *
(3) To obtain modifications to the airplane to meet Stage 3, Stage 4, or Stage 5 noise levels.
Postal Regulatory Commission.
Proposed rulemaking.
The Commission is proposing rules which amend the existing Commission rules concerning ex parte communications. The proposed rules are brought up to date to be consistent with the recommended approach to agency treatment of ex parte communications and reorganized for clarity. The Commission invites public comment on the proposed rules.
David A. Trissell, General Counsel, at 202-789-6820.
This rulemaking is initiated by the Postal Regulatory Commission (Commission) to fulfill its responsibilities under the Postal Accountability and Enhancement Act (PAEA), Public Law 109-435, 120 Stat. 3218 (2006). The proposed rules amend existing Commission rules concerning ex parte communications
The ex parte communications rules currently appear in three areas of the Commission's applicable Code of Federal Regulations (CFR). This rulemaking proposes to replace, in their entirety, the rules currently appearing at 39 CFR, part 3000, subpart B. This rulemaking also proposes to reorganize the rules currently appearing at § 3001.7, including a definition appearing at § 3001.5(o), and moves this material to a new 39 CFR part 3008.
Applying ex parte communications principles promotes transparency and openness in government concerning its interactions with public stakeholders.
By statute, the Commission is only required to place restrictions on ex parte communications where the Commission must provide an opportunity for hearing on the record pursuant to 5 U.S.C. 556-557. Under the PAEA, this is limited to nature of postal service cases pursuant to 39 U.S.C. 3661.
Historically, the Commission's regulations also extended restrictions on ex parte communications to post office appeal cases pursuant 39 U.S.C. 404(d)(5,6) and complaint cases pursuant to 39 U.S.C. 3662. The Commission views this as appropriate because of the potential impact on participants and their associated rights that may result under these types of proceedings. The proposed rules continue to impose restrictions on ex parte communications for the same statutorily required and historical proceedings described above.
Many other types of proceedings come before the Commission other than nature of service, post office closing, and complaint proceedings that are mentioned above.
The proposed rules and the internal policy will be identical as far as prohibiting ex parte communications for matters before the Commission. They also will be identical in requiring a remedy of disclosure when an ex parte communication occurs. Because of the statutory requirements, there are differences in the types of sanctions, as will be explained below, that may be imposed when an ex parte communication occurs in a nature of service, post office closing, or complaint proceeding versus other types of proceedings. The Commission files the internal policy as Library Reference PRC-LR-RM2016-4/1 for comparison purposes.
The rules in 39 CFR part 3000 are applicable only to Commission personnel.
The proposed rule addresses these concerns by restructuring § 3000.735-501. First, the substance of existing § 3000.735-501 is moved to proposed part 3008 and consolidated with material from existing § 3001.7.
Finally, Commission personnel are directed to proposed part 3008.
Library Reference PRC-LR-RM2016-4/1 is a copy of the Commission's written employee policy regarding ex parte communications. The Commission intends to adopt this policy to further its goal of transparency and openness in all dockets. Though ex parte restrictions are only statutorily required by regulation for nature of service, post office appeals, and complaint matters, the Commission seeks to alleviate any real or perceived unfairness in its communications with stakeholders in all cases and thus creates this new ex parte policy.
The policy will be posted to the Commission Web site at
Pursuant to 39 U.S.C. 505, Patricia A. Gallagher is appointed the officer of the Commission (Public Representative) to represent the interests of the general public in the captioned docket.
Interested persons are invited to comment on the rules proposed in this rulemaking. Interested persons may also comment on the attached internal Commission policy concerning ex parte communications to ensure consistency with the proposed rules. Comments are due no later than 30 days, and reply comments no later than 45 days, after publication of this Notice in the
1. The Commission establishes Docket No. RM2016-4 for the purpose of considering changes to the Commission's rules governing ex parte communications.
2. The Commission proposes to amend existing ex parte communications rules appearing at 39 CFR part 3000, subpart B, and to move and amend existing ex parte communications rules previously appearing at § 3001.5(o) and § 3001.7 into new 39 CFR part 3008.
3. Pursuant to 39 U.S.C. 505, the Commission appoints Patricia A. Gallagher to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in these proceedings.
4. Interested persons may submit initial comments no later than 30 days from the date of publication of this Notice in the
5. Reply Comments may be filed no later than 45 days from the date of publication of this Notice in the
6. The Secretary shall arrange for publication of this Notice in the
By the Commission.
Conflicts of interests, Ex parte communications.
Administrative practice and procedure, Confidential business information, Ex parte communications, Freedom of information, Sunshine Act.
Administrative practice and procedure, Ex parte communications.
For the reasons discussed in the preamble, the Commission proposes to amend chapter III of title 39 of the Code of Federal Regulations as follows:
39 U.S.C. 503; 504, 3603; E.O. 12674; 54 FR 15159; 3 CFR,1989 Comp., p. 215, as modified by E.O. 12731, 56 FR 42547, 3 CFR, 1990 Comp., p. 396, 5 CFR parts 2634 and 2635.
(a) The Commission maintains a written employee policy regarding ex parte communications applicable to all interactions, oral or in writing (including electronic), between Commission decision-making personnel, and the United States Postal Service or public stakeholders in matters before the Commission. It is the responsibility of all Commission personnel to comply with this policy, including the responsibility to inform persons not employed by the Commission of this policy when required. The policy is available for review on the Commission's Web site at
(b) Additional ex parte communications requirements, applicable to specific docket types, are described in part 3008 of this chapter.
39 U.S.C. 404(d); 503; 504; 3661.
39 U.S.C. 404(d)(5); 503; 504; 3661(c); 3662.
(a) The rules in this section are applicable to the Commission proceedings identified in paragraphs (b) through (e) of this section.
(b) The nature of postal service proceedings conducted pursuant to 39 U.S.C. 3661(c).
(c) The appeals of Postal Service decisions to close or consolidate any post office conducted pursuant to 39 U.S.C. 404(d)(5).
(d) Rate or service complaints conducted pursuant to 39 U.S.C. 3662.
(e) Any other matter in which the Commission, in its discretion, determines that it is appropriate to apply the rules of this section.
(a) Subject to the exceptions specified in paragraph (b) of this section, ex parte communications include all communications, oral or written (including electronic), between Commission decision-making personnel, and the Postal Service or public stakeholders regarding matters before the Commission.
(b) Ex parte communications do not include:
(1) Documents filed using the Commission's docketing system;
(2) Communications during the course of Commission meetings or hearings, or other widely publicized events where the Commission provides advance public notice of the event indicating the matter to be discussed, the event is open to all persons participating in the matter before the Commission, and a summary of the event is provided for the record;
(3) Communications during the course of off-the-record technical conferences associated with a matter before the Commission, or the pre-filing conference for nature of service cases required by § 3001.81 of this chapter, where advance public notice of the event is provided indicating the matter to be discussed, and the event is open to all persons participating in the matter before the Commission;
(4) Questions concerning Commission procedures, the status of a matter before the Commission, or the procedural schedule of a pending matter, where these issues are not contested matters before the Commission; and
(5) Communications not material to the matter before the Commission.
(a) A matter is before the Commission at such time as the Commission may designate, but in no event later than the earlier of the filing of a request to initiate a proceeding or the Commission noticing a proceeding.
(b) A matter is also before the Commission at such time as the person responsible for the communication has knowledge that a request to initiate a proceeding is expected to be filed.
(c) The following explanations apply:
(1) A matter is no longer before the Commission upon the issuance of the final order or decision in the docketed matter;
(2) A matter is again before the Commission upon the filing of a request for reconsideration. The matter remains before the Commission until resolution of the matter under reconsideration;
(3) A matter is again before the Commission upon the remand of a Commission's final decision or order by an appellate court. The matter remains before the Commission until resolution of the matter under remand; and
(4) The mere potential that a request may be filed does not place a matter before the Commission. An affirmative action announcing, or actively preparing, an actual request with the intent to file within a reasonable period of time must be present.
(a) Commission decision-making personnel include:
(1) The Commissioners and their staffs;
(2) The General Counsel and staff;
(3) The Director of the Office of Accountability and Compliance and staff;
(4) Contractors, consultants, and others hired by the Commission to assist with the Commission's analysis and decision; and
(5) Any other employee who may reasonably be expected to be involved in the decisional process.
(b) The Postal Service includes all Postal Service employees, contractors, consultants, and others with an interest in a matter before the Commission. Any interaction between the Postal Service and Commission decision-making personnel concerning a matter before the Commission expresses an interest in the matter before the Commission.
(c) Public stakeholders include all other persons not previously described, with an interest in a matter before the Commission. This includes the Commission non-decision-making personnel identified in paragraph (d) of this section. Any interaction between a public stakeholder and Commission decision-making personnel concerning a matter before the Commission expresses an interest in the matter before the Commission.
(d) Commission non-decision-making personnel include:
(1) All Commission personnel other than decision-making personnel;
(2) Commission personnel not participating in the decisional process owing to the prohibitions of § 3001.8 of this chapter regarding no participation by investigative or prosecuting officers;
(3) The Public Representative and other Commission personnel assigned to
(4) Contractors, consultants, and others hired by the Commission to provide an independent analysis of issues before the Commission (and Commission employees assigned thereto).
(a) Ex parte communications between Commission decision-making personnel, and the Postal Service or public stakeholders is prohibited.
(b) Commission decision-making personnel shall not rely upon any information obtained through ex parte communications.
(c) Paragraph (a) of this section does not constitute authority to withhold information from Congress.
(a) Commission decision-making personnel who receive ex parte communications relevant to the merits of the proceeding shall decline to listen to such communications and explain that the matter is pending for determination. Any recipient thereof shall advise the communicator that the communication will not be considered, and shall promptly and fully inform the Commission in writing of the substance of and the circumstances attending the communication, so that the Commission will be able to take appropriate action.
(b) Commission decision-making personnel who receive, or who make or knowingly cause to be made, ex parte communications prohibited by this part shall promptly place, or cause to be placed, on the public record of the proceeding:
(1) All such written communications;
(2) Memoranda stating the substance of all such oral communications; and
(3) All written responses, and memoranda stating the substance of all oral responses, to the materials described in (b)(1) and (2) of this section.
(c) Requests for an opportunity to rebut, on the record, any facts or contentions contained in an ex parte communication which have been placed on the public record of the proceeding pursuant to paragraph (b) of this section may be filed in writing with the Commission. The Commission will grant such requests only where it determines that the dictates of fairness so require. In lieu of actually receiving rebuttal material, the Commission may in its discretion direct that the alleged factual assertion and the proposed rebuttal be disregarded in arriving at a decision.
(a) Upon notice of a communication knowingly made or knowingly caused to be made by a participant in violation of § 3008.5(a), the Commission or presiding officer may, to the extent consistent with the interests of justice and the policy of the underlying statutes, require the participant to show cause why his/her claim or interest in the proceeding should not be dismissed, denied, disregarded, or otherwise adversely affected on account of such violation.
(b) The Commission may, to the extent consistent with the interests of justice and the policy of the underlying statutes administered by the Commission, consider a violation of § 3008.5(a) sufficient grounds for a decision adverse to a party who has knowingly committed such violation or knowingly caused such violation to occur.
Environmental Protection Agency (EPA).
Proposed rule.
The Environmental Protection Agency (EPA) is proposing to approve a revision to the Arkansas State Implementation Plan (SIP) submitted to meet the Clean Air Act (CAA) emissions inventory (EI) requirement for the Crittenden County ozone nonattainment area. EPA is approving the SIP revision because it satisfies the CAA EI requirement for Crittenden County under the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). The inventory includes emission data for Nitrogen Oxides (NOx) and Volatile Organic Compounds (VOCs). EPA is approving the revisions pursuant to section 110 and part D of the CAA and EPA's regulations.
Written comments should be received on or before February 16, 2016.
Comments may be mailed to Ms. Mary Stanton, Chief, State Implementation B, Ozone and Infrastructure Section (6MM-AB), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the
Colin Schwartz, (214) 665-7262,
In the final rules section of this
For additional information, see the direct final rule which is located in the rules section of this
Environmental Protection Agency (EPA).
Proposed rule.
The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) submitted by the State of
Comments on this proposed action must be received in writing by February 16, 2016.
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2015-0587, to
Steven Brown, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7718, or by email at
In the final rules section of this
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
January 20, 2016, 1:00 p.m. EST.
U.S. Chemical Safety Board, 1750 Pennsylvania Ave. NW., Suite 910, Washington, DC 20006.
Open to the public.
The Chemical Safety and Hazard Investigation Board (CSB) will convene a public meeting on January 20, 2016, starting at 1:00 p.m. EST in Washington, DC, at the CSB offices located at 1750 Pennsylvania Avenue NW., Suite 910. The Board will discuss ongoing investigations and operational activities, the status of the FY 2016 Action Plan, and agency deployment procedures. An opportunity for public comment will be provided.
The meeting is free and open to the public. If you require a translator or interpreter, please notify the individual listed below as the “Contact Person for Further Information,” at least three (3) business days prior to the meeting.
A conference call line will be provided for those who cannot attend in person. Please use the following dial-in number to join the conference: 1 (888) 862-6557, confirmation number 41610699.
The CSB is an independent federal agency charged with investigating accidents and hazards that result, or may result, in the catastrophic release of extremely hazardous substances. The agency's Board Members are appointed by the President and confirmed by the Senate. CSB investigations look into all aspects of chemical accidents and hazards, including physical causes such as equipment failure as well as inadequacies in regulations, industry standards, and safety management systems.
The time provided for public statements will depend upon the number of people who wish to speak. Speakers should assume that their presentations will be limited to three minutes or less, but commenters may submit written statements for the record.
Amy McCormick, Board Affairs Specialist,
U.S. Commission on Civil Rights.
Notice of meeting.
Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the North Carolina (State) Advisory Committee will hold a meeting on Friday, January 29, 2016, for the purpose of continuing discussion of potential project topics.
Members of the public can listen to the discussion. This meeting is available to the public through the following toll-free call-in number: 888-576-4387, conference ID: 644751. Any interested member of the public may call this number and listen to the meeting. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-977-8339 and providing the Service with the conference call number and conference ID number.
Member of the public are also invited and welcomed to make statements at the end of the conference call. In addition, members of the public are entitled to submit written comments; the comments must be received in the regional office by February 29, 2016. Written comments may be mailed to the Southern Regional Office, U.S. Commission on Civil Rights, 61 Forsyth Street, Suite 16T126, Atlanta, GA 30303. They may also be faxed to the Commission at (404) 562-7005, or emailed to Regional Director, Jeffrey Hinton at
The meeting will be held on Friday, January 29, 2016, 12:00 p.m. EST.
Toll-free call-in number: 888-576-4387, conference ID: 644751.
Jeff Hinton, DFO, at 404-562-7006 or
U.S. Commission on Civil Rights.
Notice of meeting.
Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the South Carolina (State) Advisory Committee will hold a meeting on Wednesday, January 27, 2016, at 12:00 p.m. CST for the purpose of continuing committee and discussing potential voting rights project.
The meeting will take at the Hilary J. Boone Center, 500 Rose St, Lexington, KY 40508. This meeting is free and open to the public. Individuals with disabilities requiring reasonable accommodations should contact the Southern Regional Office a minimum of ten days prior to the meeting to request appropriate arrangements.
Members of the public can also listen to the discussion. This meeting is available to the public through the following toll-free call-in number: 1-888-438-5453, conference ID: 2362145. Any interested member of the public may call this number and listen to the meeting. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-977-8339 and providing the Service with the conference call number and conference ID number.
Member of the public are also invited and welcomed to make statements at the end of the meeting in person or via conference call. In addition, members of the public are entitled to submit written comments; the comments must be received in the regional office by February 27, 2016. Written comments may be mailed to the Southern Regional Office, U.S. Commission on Civil Rights, 61 Forsyth Street, Suite 16T126, Atlanta, GA 30303. They may also be faxed to the Commission at (404) 562-7005, or emailed to Regional Director, Jeffrey Hinton at
Records and documents discussed during the meeting will be available for public viewing prior to and after the meeting at:
Agenda:
The meeting will be held on Wednesday, January 27, 2016, from 12:00 p.m.-1:00 p.m. CST.
Hilary J. Boone Center, 500 Rose St., Lexington, KY 40508.
Public Call Information: Toll-free call-in number: 1-888-438-5453.
Conference ID: 2362145.
Jeff Hinton, DFO, at 404-562-7000 or
Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (the Department) is rescinding the administrative review of the antidumping duty order on certain oil country tubular goods from Turkey covering the period February 25, 2014, through August 31, 2015.
Effective date: January 14, 2016.
Yang Jin Chun, AD/CVD Operations Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5760.
On September 1, 2015, we published a notice of opportunity to request an administrative review of the antidumping duty order on certain oil country tubular goods from Turkey covering the period February 25, 2014, through August 31, 2015.
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, “in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review.” The petitioners withdrew their request for review within the 90-day time limit. Because we received no other requests for review of the companies identified above and no other requests for the review of the order on certain oil country tubular goods from Turkey with respect to other companies subject to the order, we are rescinding the administrative review of the order in full, in accordance with 19 CFR 351.213(d)(1).
The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of certain oil country tubular goods from Turkey. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP within 15 days after publication of this notice.
This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement may result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Enforcement and Compliance, International Trade Administration, Department of Commerce.
Effective date: January 14, 2016.
Minoo Hatten AD/CVD Operations Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) (202) 482-1690.
On August 3, 2015, the Department of Commerce (the Department) published a notice of opportunity to request an administrative review of the antidumping duty order on polyethylene retail carrier bags (PRCBs) from the People's Republic of China (PRC) for the period of review (POR) August 1, 2014, through July 31, 2015.
On August 31, 2015, the petitioners, the Polyethylene Retail Carrier Bag Committee and its individual members, Hilex Poly Co., LLC, and Superbag Corporation, requested an administrative review of the order with respect to Dongguan Nozawa Plastics Products Co., Ltd. and United Power Packaging, Ltd. (collectively, Nozawa).
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, “in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review.” The petitioners withdrew their request for review within the 90-day time limit. Because we received no other requests for review of Nozawa and no other requests for the review of the order on PRCBs from the PRC with respect to other companies subject to the order, we are rescinding the administrative review of the order in full, in accordance with 19 CFR 351.213(d)(1).
The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of PRCBs from the PRC during the POR at rates equal to the cash deposit or bonding rate of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment
This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4).
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Notice of open public meetings.
This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on issues outlined in the agenda below.
The meeting is scheduled for February 1, 2016, 3-4:30 p.m., Eastern Standard Time.
Conference call. Public access is available at 1315 East-West Highway, Silver Spring, MD 20910.
Any member of the public wishing to attend may contact Heidi Lovett, (301) 427-8034; email:
The MAFAC was established by the Secretary of Commerce (Secretary), and, since 1971, advises the Secretary on all living marine resource matters that are the responsibility of the Department of Commerce. The charter and other information are located online at
The Committee is convening to discuss and finalize two items for submission to the NOAA Fisheries Assistant Administrator: The findings of the retrospective analysis of endangered species recovery actions and factors that contribute to their success, and the continuation of the Aquaculture Task Force for a second year to complete its ongoing work. Other administrative matters may be considered. This agenda is subject to change.
These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Heidi Lovett, 301-427-8034 by January 25, 2016.
The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
Reporting injury to and/or mortalities of marine mammals is mandated under Section 118 of the Marine Mammal Protection Act. This information is required to determine the impacts of commercial fishing on marine mammal populations. This information is also used to categorize commercial fisheries into Categories I, II, or III. Participants in the first two categories must be authorized to take marine mammals, while those in Category III are exempt from that requirement. All categories must report injuries or mortalities on a National Marine Fisheries Service form.
This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.
Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Meetings of the North Pacific Fishery Management Council and its advisory committees.
The North Pacific Fishery Management Council (Council) and its advisory committees will meet February 1, 2016 through February 9, 2016.
The Council will begin its plenary session at 8 a.m. in the Mayfair Ballroom on Monday February 1st, continuing through Tuesday February 9, 2016. The Scientific and Statistical Committee (SSC) will begin at 8 a.m. in the Cambridge/Oxford room on Monday February 1st, and continue through Wednesday February 3rd, 2016. The Council's Advisory Panel (AP) will begin at 8 a.m. in the Crystal Ballroom on Tuesday February 2nd, and continue through Saturday February 6th, 2016. The Ecosystem Committee will meet on Tuesday February 2, 2016 at 1 p.m. (room to be determined). The Legislative Committee will meet on February 2, 2016 at 1 p.m. (room to be determined).
The meeting will be held at the Benson Hotel, 309 Southwest Broadway, Portland, OR 97205.
David Witherell, Council staff; telephone: (907) 271-2809.
The Advisory Panel will address most of the same agenda issues as the Council except B reports.
The SSC agenda will include the following issues:
In addition to providing ongoing scientific advice for fishery management decisions, the SSC functions as the Councils primary peer review panel for scientific information as described by the Magnuson-Stevens Act section 302(g)(1)(e), and the National Standard 2 guidelines (78 FR 43066). The peer review process is also deemed to satisfy the requirements of the Information Quality Act, including the OMB Peer Review Bulletin guidelines.
The Agenda is subject to change, and the latest version will be posted at
These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Shannon Gleason at (907) 271-2809 at least 7 working days prior to the meeting date.
16 U.S.C. 1801
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Notice of public meeting.
On November 4, 2015, NMFS published a notice inviting qualified commercial shark permit holders to submit applications to participate in the 2016 shark research fishery. The shark research fishery allows for the collection of fishery-dependent data for future stock assessments and cooperative research with commercial fishermen to meet the shark research objectives of the Agency. Every year, the permit terms and permitted activities (
A conference call will be held on January 15, 2016.
A conference call will be conducted. See
Karyl Brewster-Geisz, Delisse Ortiz, or Guý DuBeck at (301) 427-8503.
The Atlantic shark fisheries are managed under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The 2006 Consolidated Highly Migratory species (HMS) Fishery Management Plan (FMP) is implemented by regulations at 50 CFR part 635.
The final rule for Amendment 2 to the 2006 Consolidated HMS FMP (73 FR 35778, June 24, 2008, corrected at 73 FR 40658, July 15, 2008) established, among other things, a shark research fishery to maintain time-series data for
On November 4, 2015 (80 FR 68513), NMFS published a notice inviting qualified commercial shark directed and incidental permit holders to submit an application to participate in the 2016 shark research fishery. NMFS received 16 applications, of which 11 applicants were determined to meet all the qualifications. NMFS selected five qualified participants after considering how to meet research objectives in particular regions. NMFS expects to invite qualified commercial shark permit holders to submit an application for the 2017 shark research fishery later in 2016.
As with past years, the 2016 permit terms and permitted activities (
The conference call will be held on January 15, 2016, from 2 to 4 p.m. (EST). Participants and interested parties should call 1-888-324-3180 and use the passcode 9803191. Selected participants who do not attend will not be allowed to participate in the shark research fishery. While the conference call is mandatory for selected participants, other interested parties may call in and listen to the discussion.
Selected participants are encouraged to invite their captain, crew, or anyone else who may assist them in meeting the terms and conditions of the shark research fishery permit.
Department of Energy, Office of Energy Efficiency and Renewable Energy.
Notice of open teleconference.
This notice announces a teleconference call of the State Energy Advisory Board (STEAB). The Federal Advisory Committee Act (Pub. L. 92-463; 86 Stat. 770) requires that public notice of these meetings be announced in the
Thursday, February 18, 2016 from 3:30 p.m. to 4:30 p.m. (EDT). To receive the call-in number and passcode, please contact the Board's Designated Federal Officer at the address or phone number listed below.
Michael Li, Policy Advisor, Office of Energy Efficiency and Renewable Energy, US Department of Energy, 1000 Independence Ave. SW., Washington, DC 20585. Phone number 202-287-5718, and email
Take notice that the Commission received the following exempt wholesale generator filings:
Take notice that the Commission received the following electric rate filings:
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:
Take notice that on January 8, 2016, Emera Maine submitted tariff filing per: Refund Report to be effective N/A, pursuant to the Commission's Opinion No. 531-A, issued on October 16, 2014.
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 Applicant and all the parties in this proceeding.
The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at
This filing is accessible on-line at
Comment Date: 5:00 p.m. Eastern Time on January 29, 2016.
Take notice that on January 7, 2016, pursuant to Sections 206, 306, and 309 of the Federal Power Act (FPA), 16 U.S.C. 824e, 825e, and 825h (2012), and Rules 206 and 212 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.206 and 385.212 (2015), North Carolina Electric Membership Corporation, North Carolina Municipal Power Agency Number 1, Piedmont Municipal Power Agency, the City of Concord, North Carolina, and the City of Kings Mountain, North Carolina (Complainants) filed a formal complaint against Duke Energy Carolinas, LLC (DEC—Respondent) alleging that the 10.2% base return on common equity currently used to calculate DEC's annual transmission revenue requirement pursuant to Attachment H of the Joint Open Access Transmission Tariff of DEC, Duke Energy Florida, LLC, and Duke Energy Progress, LLC is unjust and unreasonable.
Complainants certify that copies of the complaint were served on the contacts for DEC as listed on the Commission's list of Corporate Officials as well as the North Carolina Utilities Commission and the South Carolina Public Service Commission.
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
This filing is accessible on-line at
Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:
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.
Any person desiring to protest in any of the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.
The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.
eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:
Take notice that the Commission received the following electric rate filings:
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:
As noticed on December 4, 2015, the Commission has directed Commission staff to conduct a technical conference in the above-referenced proceedings. The technical conference is scheduled for January 12, 2016, at the Commission's headquarters at 888 First Street NE., Washington, DC 20426 between 10:00 a.m. and 4:00 p.m. (Eastern Time).
In an order dated November 24, 2015,
A revised agenda with an updated list of selected Speakers is attached and will be available on the web calendar on the Commission's Web site,
The technical conference is open to the public. The Chairman and Commissioners may attend and participate in the technical conference.
Pre-registration through the Commission's Web site
This conference will also be transcribed. Interested persons may obtain a copy of the transcript for a fee by contacting Ace-Federal Reporters, Inc. at (202) 347-3700.
In addition, there will be a free audio cast of the conference. Anyone wishing to listen to the meeting should send an email to Sarah McKinley at
Persons listening to the technical conference may participate by submitting questions, either prior to or during the technical conference, by emailing
Commission conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an email to
For more information about this technical conference, please contact
Take notice that on January 7, 2016, pursuant to sections 206, 306, and 309 of the Federal Power Act (FPA), 16 U.S.C. 824e, 825e, and 825h (2012), and Rules 206 and 212 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.206 and 385.212 (2015), North Carolina Electric Membership Corporation, North Carolina Eastern Municipal Power Agency, and the Fayetteville Public Works Commission (Complainants) filed a formal complaint against Duke Energy Progress, LLC (Respondent or DEP) alleging that the 10.8 percent base return on common equity currently used to calculate DEP's annual transmission revenue requirement pursuant to Attachment H of the Joint Open Access Transmission Tariff of Duke Energy Carolinas, LLC, Duke Energy Florida, LLC, and DEP is unjust and unreasonable, as more fully explained in the complaint.
Complainants certify that copies of the complaint were served on the contacts for DEP as listed on the Commission's list of Corporate Officials as well as the North Carolina Utilities Commission and the South Carolina Public Service Commission.
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
This filing is accessible on-line at
Environmental Protection Agency (EPA).
Notice.
This notice announces EPA's approval of the State of Delaware's request to revise its National Primary Drinking Water Regulations Implementation EPA-authorized program to allow electronic reporting.
EPA's approval is effective February 16, 2016 for the State of Delaware's National Primary Drinking Water Regulations Implementation program, if no timely request for a public hearing is received and accepted by the Agency.
Karen Seeh, U.S. Environmental Protection Agency, Office of Environmental Information, Mail Stop 2823T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 566-1175,
On October 13, 2005, the final Cross-Media Electronic Reporting Rule (CROMERR) was published in the
On October 5, 2015, the Delaware Division of Public Health (DE DPH) submitted an application titled “Electronic Sample Entry Verify” for revision to its EPA-approved drinking water program under title 40 CFR to allow new electronic reporting. EPA reviewed DE DPH's request to revise its EPA-authorized program and, based on this review, EPA determined that the application met the standards for approval of authorized program revision set out in 40 CFR part 3, subpart D. In accordance with 40 CFR 3.1000(d), this notice of EPA's decision to approve Delaware's request to revise its Part 142 — National Primary Drinking Water Regulations Implementation program to allow electronic reporting under 40 CFR part 141 is being published in the
DE DPH was notified of EPA's determination to approve its application with respect to the authorized program listed above.
Also, in today's notice, EPA is informing interested persons that they may request a public hearing on EPA's action to approve the State of Delaware's request to revise its authorized public water system program under 40 CFR part 142, in accordance with 40 CFR 3.1000(f). Requests for a hearing must be submitted to EPA within 30 days of publication of today's
In the event a hearing is requested and granted, EPA will provide notice of the hearing in the
Environmental Protection Agency (EPA).
Notice.
EPA has received applications to register pesticide products containing an active ingredient, fluopyram included in currently registered pesticide products. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.
Comments must be received on or before February 16, 2016.
Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2015-0443 and the Registration Number of interest as shown in the body of this document, by one of the following methods:
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•
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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:
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).
1.
2.
EPA has received applications to register pesticide products containing an active ingredient, fluopyram included in currently registered pesticide products. Pursuant to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and
7 U.S.C. 136
The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than January 29, 2016.
A. Federal Reserve Bank of Minneapolis (Jacquelyn K. Brunmeier, Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:
1.
Board of Governors of the Federal Reserve System.
Notice.
The Board of Governors of the Federal Reserve System (Board) is providing this notice pursuant to the Board's rule regarding risk-based capital surcharges for global systemically important bank holding companies (GSIB surcharge rule). The GSIB surcharge rule provides that the Board will publish each year the aggregate global indicator amounts for purposes of a calculation required under the rule. Accordingly, and pursuant to the GSIB surcharge rule, the Board is hereby publishing the aggregate global indicator amounts for 2015.
Anna Lee Hewko, Deputy Associate Director, (202) 530-6260, Constance M. Horsley, Assistant Director, (202) 452-5239, Juan C. Climent, Manager, (202) 872-7526, or Holly Kirkpatrick, Supervisory Financial Analyst, (202) 452-2796, Division of Banking Supervision and Regulation; or Benjamin McDonough, Special Counsel, (202) 452-2036, or Mark Buresh, Senior Attorney, (202) 452-5270, Legal Division. Board of Governors of the Federal Reserve System, 20th and C Streets NW., Washington, DC 20551. For the hearing impaired only, Telecommunications Device for the Deaf (TDD) users may contact (202) 263-4869.
The Board's GSIB surcharge rule establishes a methodology to identify global systemically important bank holding companies in the United States (GSIBs) based on indicators that are correlated with systemic importance.
The aggregate global indicator amounts used in the score calculation under Method 1 are based on data collected by the Basel Committee on Banking Supervision (BCBS). The BCBS amounts are determined based on the sum of the systemic indicator scores of the 75 largest U.S. and foreign banking organizations as measured by the BCBS, and any other banking organization that the BCBS includes in its sample total for that year. The BCBS publicly releases these values in euros each year. To account for changes in currency values, the GSIB surcharge rule indicates that the Board will publish the aggregate global indicator amounts each year in U.S. dollars.
The aggregate global indicator amounts for purposes of the Method 1 score calculation under the GSIB surcharge rule for 2015, which were calculated as part of the end-2014 GSIB assessment, are:
12 U.S.C. 248(a), 321-338a, 481-486, 1462a, 1467a, 1818, 1828, 1831n, 1831o, 1831p-l, 1831w, 1835, 1844(b), 1851, 3904, 3906-3909, 4808, 5365, 5368, 5371.
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
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 February 8, 2016.
A. Federal Reserve Bank of Boston (Prabal Chakrabarti, Senior Vice President) 600 Atlantic Avenue, Boston, Massachusetts 02210-2204, or
1.
The Centers for Disease Control and Prevention (CDC) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The notice for the proposed information collection is published to obtain comments from the public and affected agencies.
Written comments and suggestions from the public and affected agencies concerning the proposed collection of
To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639-7570 or send an email to
Assessing the Impact of Organizational and Personal Antecedents on Proactive Health/Safety Decision Making—New—National Institute for Occupational Safety and Health (NIOSH), Centers for Disease Control and Prevention (CDC).
NIOSH, under Public Law 91-596, Sections 20 and 22 (Section 20-22, Occupational Safety and Health Act of 1977) has the responsibility to conduct research relating to innovative methods, techniques, and approaches dealing with occupational safety and health problems.
This research relates to the interplay of personal, organizational, and cultural influences on risk-taking and proactive decision-making behaviors among mine workers. The antecedents, or characteristics, that impact these behaviors are not well understood in mining. Understanding the degree to which antecedents influence decisions can inform the focus of future health and safety management interventions.
NIOSH proposes a project that seeks to empirically understand the following: What are the most important organizational antecedent characteristics needed to support worker health and safety (H&S) performance behaviors in the mining industry?
What are the most important personal antecedent characteristics needed to support worker health and safety (H&S) performance behaviors in the mining industry?
To answer the above questions, NIOSH researchers developed a psychometrically supported survey. Researchers identified seven worker perception-based `organizational values' and four `personal characteristics' that are presumed to be important in fostering H&S knowledge, motivation, proactive behaviors, and safety outcomes. Because these emergent, worker perception-based constructs have a theoretical and empirical history, psychometrically tested items exist for each of them.
NIOSH researchers will administer this survey at mine sites to as many participating mine workers as possible to answer the research questions. Upon data collection and analysis NIOSH researchers will revalidate each scale to ensure that measurement is valid. A quantitative approach, via a short survey, allows for prioritization, based on statistical significance, of the antecedents that have the most critical influence on proactive behaviors. Data collection will take place with approximately 1800 mine workers over three years. The respondents targeted for this study include any active mine worker at a mine site, both surface and underground. All participants will be between the ages of 18 and 75, currently employed, and living in the United States. Participation will require no more than 20 minutes of workers' time (5 minutes for consent and 15 minutes for the survey). There is no cost to respondents other than their time.
Upon collection of the data, it will be used to answer what organizational/personal characteristics have the biggest impact on proactive and compliant health and safety behaviors. Dominance and relative weights analysis will be used as the data analysis method to statistically rank order the importance of predictors in numerous regression contexts. Safety proactive and safety compliance will serve as the dependent variables in these regression analyses, with the organizational and personal characteristics as independent variables.
Findings will be used to improve the safety and health organizational values and focus of mine organizations, as executed through their health and safety management system for mitigating health and safety risks at their mine site. Specifically, if organizations are lacking in values that are of high importance among employees, site leadership knows where to focus new, innovative methods, techniques, and approaches to dealing with their occupational safety and health problems. Finally, the data can be directly compared to data from other mine organizations that administered the same standardized methods to provide broader context for areas in which the mining industry can focus more attention if trying to encourage safer work behavior.
An estimated sample of up to 1,800 mine employees will be collected from various mining operations which have agreed to participate. In order to reach a sample of 1,800, researchers will try to secure participation from approximately twenty-one mine operations. It is estimated that it will take about 5 minutes to recruit a particular mine and 5 minutes to consent the individual workers. The amount of time to complete the survey data collection instrument is about 15 minutes. There is no cost to respondents other than there time.
The Centers for Disease Control and Prevention (CDC) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The notice for the proposed information collection is published to obtain comments from the public and affected agencies.
Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address any of the following: (a) 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; (b) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Enhance the quality, utility, and clarity of the information to be collected; (d) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology,
To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639-7570 or send an email to
Prevent Hepatitis Transmission among Persons Who Inject Drugs—New—National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention (NCHHSTP), Centers for Disease Control and Prevention (CDC).
Hepatitis C virus (HCV) infection is the most common chronic blood borne infection in the United States; approximately three million persons are chronically infected. Identifying and reaching persons at risk for HCV infection is critical to prevent transmission and treat and cure if infected. CDC monitors the national incidence of acute hepatitis C through passive surveillance of acute, symptomatic cases of laboratory confirmed hepatitis C cases. Since 2006, surveillance data have shown a trend toward reemergence of HCV infection mainly among young persons who inject drugs (PWID) in nonurban counties. Of the cases reported in 2013 with information on risk factors 62% indicated injection drug use as the primary risk for acute hepatitis C. The prevention of HCV infection among PWIDs requires an integrated approach including harm reduction interventions, substance abuse treatment, and prevention of other blood borne infections, and care and treatment of HCV infection.
The purpose of the proposed study is to address the high prevalence of HCV infection by developing and implementing an integrated approach for detection, prevention, care and treatment of infection among persons aged 18-30 years who reside in non-urban counties. Awardees will develop and implement a comprehensive strategy to enroll young non-urban PWID, collect epidemiological information, test for viral hepatitis and HIV infection and provide linkage to primary care services, prevention interventions, and treatment for substance abuse and HCV infection. In addition to providing HCV testing, participants will be offered testing for the presence of co-infections with hepatitis B virus (HBV) and HIV. Adherence to prevention services and retention in care will be assessed through follow up interviews. Furthermore, re-infection with HCV will be evaluated through follow-up blood tests.
The project will recruit an estimated total of 995 young PWIDs to enroll 895 PWIDs. The participants will be recruited from settings where young PWIDs obtain access to care and treatment services. Recruitment will be direct and in-person by partnering with local harm reduction sites. Recruiters will enroll subjects across recruitment sites primarily through drug treatment programs and syringe exchange programs, as well as persons referred to these sites as a result of referral from other programs and respondent driven sampling. Those who consent to participate will be administered an eligibility interview questionnaire by trained field staff. If found eligible, the participant will take an interviewer-administered survey that includes information on initiation of drug use, injection practices, HCV, HBV and HIV infection status, access to prevention and medical care, desire to receive and barriers to receiving HCV treatment, and missed opportunities for hepatitis prevention. Participants will receive counselling regarding adherence to medical and/or drug treatment services and prevention services. Participants will be interviewed for a maximum of 5 times within any 12-month interval during the course of the study: consent and interview at enrollment/baseline for an estimated 60 minutes, and 30-minute follow-up interviews every 3 months thereafter. Participants will be interviewed throughout the study during the 3-year project. However, most of the recruitment will be spread over first two years to allow for one year follow up period of the later recruits.
Participation in interviews and responses to all study questions are totally voluntary and there is no cost to respondents other than their time. The annualized burden to participants is 974 hours.
Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).
Notice with comment period.
The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. This notice invites comment on the proposed information collection entitled “Young Men who have Sex with Men (YMSM) Study Thailand”. CDC is requesting a three-year approval for this new project.
Written comments must be received on or before March 14, 2016.
You may submit comments, identified by Docket No. CDC-2016-0004 by any of the following methods:
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All public comment should be submitted through the Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the address listed above.
To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact the Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email:
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the
Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.
Cohort Study of HIV, STIs and Preventive Interventions among Young MSM in Thailand—New—National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention (NCHHSTP), Centers for Disease Control and Prevention (CDC).
This is a new information collection request for 3 years of data collection.
In Thailand, there is a very high HIV incidence in men who have sex with men (MSM) and transgender women (TGW). It is estimated that over 50% of all new HIV infections are occurring in MSM and TGW. At Silom Community Clinic @Tropical Medicine (SCC @TropMed), there is a reported average HIV prevalence of 28% and HIV incidence of 8 per 100 person-years in young men.
An area with gaps of understanding regarding the HIV epidemic in Thailand, as well as globally, is the epidemiology, risk factors, and HIV beliefs and knowledge of gay identified and transgender youth. In 2013, UNAIDS reported that 95% of new HIV infections were in low- and middle-income countries, where more than one third were in young people (<18 years) who were unaware of their HIV status. Adolescents living with HIV are more
We propose a study of males aged 15-29 years at risk for HIV. The SCC @TropMed, the clinical site of the activity, is a Clinical Research Site (CRS) and that conducts HIV prevention research in network clinical trials supported by National Institute of Health (NIH). The data will be collected from young MSM and TGW in Bangkok, Thailand through the CRS that serves MSM and transgender women (TGW). Although there are other MSM and TGW clinic settings in Bangkok, there is no cohort data providing information on incidence and risk factors for HIV incidence in the young. Therefore, this study also includes a longitudinal assessment (cohort) to assess HIV and sexually transmitted infection incidence and prevalence. This study also includes a qualitative component to assess adolescent and key leaders HIV prevention knowledge and practices. A study of young men at risk in Thailand is urgently needed to provide needed data to assess and implement prevention strategies and inform policies for HIV prevention in Thailand, as well as globally. There is no cost to participants other than their time.
The total estimated annualized burden hours are 814.
The Centers for Disease Control and Prevention (CDC) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The notice for the proposed information collection is published to obtain comments from the public and affected agencies.
Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address any of the following: (a) 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; (b) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Enhance the quality, utility, and clarity of the information to be collected; (d) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology,
To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639-7570 or send an email to
Prevention Research Centers Program National Evaluation Reporting System (OMB No. 0920-0650, exp. 5/31/2016)—Revision—National Center for Chronic Disease Prevention and Health Promotion (NCCDPHP), Centers for Disease Control and Prevention (CDC).
In 1984, Congress passed Public Law 98-551 directing the Department of Health and Human Services (DHHS) to establish Centers for Research and Development of Health Promotion and Disease Prevention. In 1986, the CDC received lead responsibility for this program, referred to as the Prevention Research Centers (PRC) Program. PRC Program awardees are managed as a CDC cooperative agreement with awards made for five years.
In 2013, the CDC published program announcement DP14-001 for the current PRC Program funding cycle (September 30, 2014-September 29, 2019). Twenty-six PRCs were selected through a competitive, external, peer-review process; the program is currently in its second year of the five year funding cycle.
Each PRC is housed within an accredited school of public health or an accredited school of medicine or osteopathy with a preventive medicine residency program. The PRCs conduct outcomes-oriented, applied prevention research on a broad range of topics using a multi-disciplinary and community-engaged approach. Each PRC receives funding from the CDC to establish its core infrastructure and functions and support a core research project. In addition to core research projects, most PRCs are awarded funding to complete special interest projects (SIPs) and conduct other research projects.
The DP14-001 program announcement included language that was used to develop and operationalize a set of 25 PRC Program evaluation indicators. The PRC Program logic model identifies program inputs, activities, outputs, and outcomes. The list of indicators was revised to better reflect program needs and capture PRCs' center and research activities, outputs, and outcomes.
The CDC is currently approved to collect information from the PRCs through a structured telephone interview and a web-based survey hosted by a third-party. The web-based survey is designed to collect information on the PRCs' collaborations with health departments; formal training programs and other training activities; and other-funded research projects conducted separate from their core projects or SIP research. Structured telephone interviews with key PRC informants allow PRC Program staff to collect indicator data that do not lend themselves to a survey-based methodology and require a qualitative approach.
CDC requests OMB approval to revise the information collection plan as follows:
(1) The content of the web-based survey will be updated to more closely align with revised evaluation indicators. In addition, the web-based survey will be migrated from a third party platform to a web-based data collection system hosted on CDC servers. Although the estimated burden per response will increase, the revised data collection system will be comprehensive and will reduce the need for follow-up clarification by PRC Program awardees.
(2) CDC will discontinue telephone interviews and conduct key informant interviews (KII) every other year to capture qualitative information about PRC Network formation and cohesion.
CDC will continue to use the information reported by PRCs to identify training and technical assistance needs, respond to requests for information from Congress and other sources, monitor grantees' compliance with cooperative agreement requirements, evaluate progress made in achieving goals and objectives, and describe the impact and effectiveness of the PRC Program.
The CDC currently funds 26 PRCs. Each PRC will annually report the required information to the CDC. The annualized estimated burden is expected to increase. This increase equates to an estimated weekly burden of one hour per respondent and more fully accounts for the burden of preparing responses, as well as the burden of reporting responses. Web-based data collection will occur on an annual basis. The KIIs will take place in 2016 and 2018. This equates to two PRC Network KIIs per PRC Program awardee during the three year OMB approval period. Responses are annualized in the burden table below.
The proposed web-based data collection system will allow data entry during the entire year, which will enable respondents to distribute burden throughout each funding year. Response burden is expected to decrease in funding years 2 through 5, since the web-based data collection system will replicate a number of data elements from year-to-year, and respondents will only need to enter changes.
OMB approval is requested for three years. CDC plans to implement revised reporting requirements in March 2016. PRC Program awardees are required to participate in information collection. There are no costs to respondents other than their time. The total estimated annualized burden hours are 1,299.
Estimated Total Annual Burden Hours: 400.
In compliance with the requirements of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Administration, Office of Information Services, 370 L'Enfant Promenade SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. Email address:
The Department specifically requests comments 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) the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication.
Food and Drug Administration, HHS.
Notice of public workshop; request for comments.
The Food and Drug Administration (FDA) is announcing the following public workshop entitled “Patient and Medical Professional Perspectives on the Return of Genetic Test Results.” The purpose of this public workshop is to understand patient and provider perspectives on receiving potentially medically relevant genetic test results. The topic(s) to be discussed will focus on better defining the specific information patients and providers prefer to receive, with an emphasis on the type(s) and amount of evidence available to interpret the results for medical purposes, how those results should be returned, and what information is needed to understand the results in the event that they could effectively aid in medical decision making.
The public workshop will be held on March 2, 2016, from 8 a.m. to 4 p.m. Submit either electronic or written comments on the public workshop by March 31, 2016.
The public workshop will be held at FDA's White Oak Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993. Entrance for the public meeting participants (non-FDA employees) is through Building 1, where routine security check procedures will be performed. For parking and security information, please refer to
You may submit comments as follows:
Submit electronic comments in the following way:
• Federal eRulemaking Portal:
• 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”).
Submit written/paper submissions as follows:
•
• 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.”
• 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
Cara Tenenbaum, Center for Devices and Radiological Health, Food and Drug Administration, Bldg. 66, Rm. 5563, 10903 New Hampshire Ave., Silver Spring, MD 20993, 301-796-8456,
In his State of the Union address on January 20, 2015, President Obama launched the Precision Medicine Initiative (PMI),
NGS produces significant amounts of information, including some that may be difficult for patients and health care professionals to interpret with presently available scientific knowledge. In some cases, the evidence for association of many genetic variants with particular diseases is limited because of the rarity of the variant or because it partially contributes to a disease in combination with other factors. In other cases, the evidence may be contradictory or not be available currently, but may be clearer in the future. Additionally, some findings may be unexpected or incidental to what a physician is looking for. FDA seeks to learn, when results are generated in a CLIA-compliant laboratory, which results are of importance to patients and providers, how those results should be returned, and how much and what types of evidence supporting interpretation of those results is necessary. Thus, FDA is seeking public input from patients and health care professionals to inform its approach regarding the return of results of genetic tests.
In response to President Obama's PMI, the public workshop will consider the different uses of genetic testing. For example, tests that determine the risk of developing a condition, tests that diagnose hereditary genetic disorders, and tests that can guide treatment or therapeutic interventions. Additionally, the workshop and invited speakers will cover various topics, including which results (
FDA will present case studies as a starting point for discussion, which will be available on the meeting Web page in advance of the public meeting. Furthermore, the following will be considered in the context of different uses of genetic testing: Health literacy/numeracy of patients; genetics/genomics literacy of health care practitioners; the personal utility of knowing about the presence of a mutation or variant whether it is actionable or not; that a mutation or variant may have limited evidence at the time the test is initially run but evidence may be gathered that changes the interpretation of the mutation or variant; privacy concerns; demographic information and subpopulations; undiagnosed patients; and underserved populations.
If you need special accommodations due to a disability, please contact Susan Monahan, email:
To register for the public workshop, please visit FDA's Medical Devices News & Events—Workshops & Conferences calendar at
Food and Drug Administration, HHS.
Notice of availability.
The Food and Drug Administration (FDA or Agency) is announcing the availability of a document entitled “Revised Preventive Measures to Reduce the Possible Risk of Transmission of Creutzfeldt-Jakob Disease and Variant Creutzfeldt-Jakob Disease by Blood and Blood Products; Guidance for Industry.” The guidance document provides blood collecting establishments and manufacturers of plasma derivatives with comprehensive recommendations intended to minimize the possible risk of transmission of Creutzfeldt-Jakob Disease (CJD) and Variant Creutzfeldt-Jakob Disease (vCJD) from blood and blood products. The guidance amends the guidance document entitled “Guidance for Industry: Revised Preventive Measures to Reduce the Possible Risk of Transmission of Creutzfeldt-Jakob Disease (CJD) and Variant Creutzfeldt-Jakob Disease (vCJD) by Blood and Blood Products” dated May 2010 (2010 guidance) by finalizing and incorporating the recommendations from the draft document entitled “Draft Guidance for Industry: Amendment to 'Guidance for Industry: Revised Preventive Measures to Reduce the Possible Risk of Transmission of Creutzfeldt-Jakob Disease and Variant Creutzfeldt-Jakob Disease by Blood and Blood Products'” dated June 2012 (2012 draft guidance).
Submit either electronic or written comments on Agency guidances at any time.
You may submit comments as follows:
Submit electronic comments in the following way:
•
• 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”).
Submit written/paper submissions as follows:
•
• 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.”
• 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
Submit written requests for single copies of the guidance to the Office of Communication, Outreach, and Development, Center for Biologics Evaluation and Research (CBER), Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist the office in processing your requests. The guidance may also be obtained by mail by calling CBER at 1-800-835-4709 or 240-402-8010. See the
Tami Belouin, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.
FDA is announcing the availability of a document entitled “Revised Preventive Measures to Reduce the Possible Risk of Transmission of Creutzfeldt-Jakob Disease and Variant Creutzfeldt-Jakob Disease by Blood and Blood Products; Guidance for Industry.” The guidance document provides blood collecting establishments and manufacturers of plasma derivatives with comprehensive recommendations intended to minimize the possible risk of transmission of CJD and vCJD from blood and blood products. The guidance is the latest in a series of guidances addressing the risk of CJD and vCJD transmission by blood and blood products.
The guidance amends the 2010 guidance (May 27, 2010; 75 FR 29768) and finalizes the 2012 draft guidance (June 11, 2012; 77 FR 34390) by providing revised labeling recommendations for plasma-derived products, including albumin and products containing plasma-derived albumin. The guidance also provides manufacturers of plasma-derived products with recommendations on how to report the labeling changes to FDA under 21 CFR 601.12. Additional changes to the guidance include adding information in the background section relevant to the new labeling recommendations; providing updated information on the global vCJD and Bovine Spongiform Encephalopathy epidemics; clarifying the reentry criteria for a donor with a family history of CJD; clarifying the requirements related to biological product deviation reporting; and, updating, adding, and removing certain footnotes and references. FDA received four comments on the 2012 draft guidance, and those comments were considered in the finalization of the draft guidance.
This guidance does not address potential changes to the geographic exposure based deferrals for risk of vCJD. FDA discussed such potential changes with its Transmissible Spongiform Encephalopathies Advisory Committee in June 2015 and intends to address revised recommendations for geographic donor deferrals in future guidance documents.
This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on Revised Preventive Measures to Reduce the Possible Risk of Transmission of Creutzfeldt-Jakob Disease and Variant Creutzfeldt-Jakob Disease by Blood and Blood Products; Guidance for Industry. It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations.
This guidance refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR 601.12 have been approved under OMB control number 0910-0338; the collections of information in 21 CFR 606.100 have been approved under OMB control number 0910-0116; and the collections of information in 21 CFR 600.14 and 606.171 have been approved under OMB control number 0910-0458.
Persons with access to the Internet may obtain the guidance at either
In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the National Cancer Institute, the National Institutes of Health (NIH) will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget (OMB) for review and approval.
Written comments and/or suggestions from the public and affected agencies are invited to address one or more of the following points: (1) Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; (2) The accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) 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 the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.
OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 717.
U.S. Customs and Border Protection, Department of Homeland Security
60-Day notice and request for comments; extension of an existing collection of information.
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: Administrative Rulings. CBP is proposing that this information collection be extended with a change to the burden hours but no change to the information required. This document is published to obtain comments from the public and affected agencies.
Written comments should be received on or before March 14, 2016 to be assured of consideration.
Written comments may be mailed to U.S. Customs and Border Protection, Attn: Tracey Denning, Regulations and Rulings, Office of International Trade, 90 K Street NE., 10th Floor, Washington, DC 20229-1177.
Requests for additional information should be directed to Tracey Denning, U.S. Customs and Border Protection, Regulations and Rulings, Office of International Trade, 90 K Street NE., 10th Floor, Washington, DC 20229-1177, at 202-325-0265.
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:
U.S. Customs and Border Protection, Department of Homeland Security.
Notice of temporary change of office location.
The mail room servicing the Director, National Commodity Specialist Division, Regulations and Rulings, in the Office of International Trade, of U.S. Customs and Border Protection is relocating within New York and a temporary location has been established to receive correspondence. Until further notice, beginning on January 28, 2016, non-electronic correspondence should be sent to the Director, National Commodity Specialist Division, Regulations and Rulings, Office of International Trade, 1100 Raymond Boulevard, Newark, New Jersey 07102. Please note that e-rulings procedures will remain the same and will not be affected by the temporary change in office location.
Effective date: January 28, 2016.
Deborah Marinucci, Acting Director, National Commodity Specialist Division, Regulations and Rulings, Office of International Trade, (646) 733-3070.
The National Commodity Specialist Division (NCSD), Regulations and Rulings, in the Office of International Trade, U.S. Customs and Border Protection (CBP), is relocating. While the relocation process is underway, the address provided for the Director, National Commodity Specialist Division, Regulations and Rulings, in the Office of International Trade, at section 177.2(a) of title 19 of the Code of Federal Regulations (19 CFR 177.2(a)), will be inaccurate. Until the relocation process is complete, a temporary mailing location has been established and all correspondence to the NCSD should be sent to the following address: Director, National Commodity Specialist Division, Regulations and Rulings, Office of International Trade, 1100 Raymond Boulevard, Newark, New Jersey 07102. Mail received at this temporary location will be delivered to the appropriate NCSD location. Please note that e-rulings procedures will remain the same and will not be affected by the temporary change in office location.
When the relocation process is complete and a permanent address is established, CBP will publish in the
Federal Emergency Management Agency, DHS.
Notice.
This is a notice of the Presidential declaration of a major disaster for the State of Mississippi (FEMA-4248-DR), dated January 4, 2016, and related determinations.
Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.
Notice is hereby given that, in a letter dated January 4, 2016, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121
I have determined that the damage in certain areas of the State of Mississippi resulting from severe storms, tornadoes, straight-line winds, and flooding during the period of December 23-28, 2015, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121
In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.
You are authorized to provide Individual Assistance and Public Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation and Other Needs Assistance will be limited to 75 percent of the total eligible costs. Federal funds provided under the Stafford Act for Public Assistance also will be limited to 75 percent of the total eligible costs, with the exception of projects that meet the eligibility criteria for a higher Federal cost-sharing percentage under the Public Assistance Alternative Procedures Pilot Program for Debris Removal implemented pursuant to section 428 of the Stafford Act.
Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.
The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration.
The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Joe M. Girot, of
The following areas of the State of Mississippi have been designated as adversely affected by this major disaster:
Benton, Coahoma, Marshall, Quitman, and Tippah Counties for Individual Assistance.
Benton, Marshall, and Tippah Counties for Public Assistance.
All areas within the State of Mississippi are eligible for assistance under the Hazard Mitigation Grant Program.
The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.
Federal Emergency Management Agency, DHS.
Notice.
This is a notice of the Presidential declaration of an emergency for the State of Missouri (FEMA-3374-EM), dated January 2, 2016, and related determinations.
Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.
Notice is hereby given that, in a letter dated January 2, 2016, the President issued an emergency declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as follows:
I have determined that the emergency conditions in certain areas of the State of Missouri resulting from severe storms, tornadoes, straight-line winds, and flooding beginning on December 22, 2015, and continuing, are of sufficient severity and magnitude to warrant an emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121
You are authorized to provide appropriate assistance for required emergency measures, authorized under Title V of the Stafford Act, to save lives and to protect property and public health and safety, and to lessen or avert the threat of a catastrophe in the designated areas. Specifically, you are authorized to provide assistance for debris removal and emergency protective measures (Categories A and B), limited to direct Federal assistance, under the Public Assistance program.
Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Public Assistance will be limited to 75 percent of the total eligible costs. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal emergency assistance and administrative expenses.
Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.
The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, Department of Homeland Security, under Executive Order 12148, as amended, Michael L. Parker, of FEMA is appointed to act as the Federal Coordinating Officer for this declared emergency.
The following areas of the State of Missouri have been designated as adversely affected by this declared emergency:
The counties of Audrain, Barry, Barton, Bollinger, Boone, Butler, Callaway, Camden, Cape Girardeau, Carter, Cedar, Christian, Clark, Cole, Cooper, Crawford, Dallas, Dent, Douglas, Dunklin, Franklin, Gasconade, Greene, Hickory, Howard, Howell, Iron, Jasper, Jefferson, Laclede, Lawrence, Lewis, Lincoln, Madison, Maries, Marion, McDonald, Miller, Mississippi, Moniteau, Montgomery, Morgan, New Madrid, Newton, Oregon, Osage, Ozark, Pemiscot, Perry, Phelps, Pike, Polk, Pulaski, Ralls, Reynolds, Ripley, Scott, Shannon, St. Charles, St. Clair, St. Francois, St. Louis, Ste. Genevieve, Stoddard, Stone, Taney, Texas, Vernon, Warren, Washington, Wayne, Webster, and Wright and the Independent City of St. Louis for debris removal and emergency protective measures (Categories A and B), limited to direct federal assistance, under the Public Assistance program.
The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.
Federal Emergency Management Agency, DHS.
Notice.
The Federal Emergency Management Agency (FEMA) will submit the information collection abstracted below to the Office of Management and Budget for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission will describe the nature of the information collection, the categories of respondents, the estimated burden (
Comments must be submitted on or before February 16, 2016.
Submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments
Requests for additional information or copies of the information collection should be made to Director, Records Management Division, 500 C Street SW., Washington, DC 20472-3100, or email address
This proposed information collection previously published in the
Federal Emergency Management Agency, DHS.
Notice.
This notice amends the notice of an emergency declaration for the State of Missouri (FEMA-3374-EM), dated January 2, 2016, and related determinations.
Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.
The notice of an emergency declaration for the State of Missouri is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared an emergency by the President in his declaration of January 2, 2016.
Dade County for debris removal and emergency protective measures (Categories A and B), limited to direct federal assistance, under the Public Assistance program.
The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.
Federal Emergency Management Agency, DHS.
Notice.
This notice amends the notice of a major disaster declaration for the State of Texas (FEMA-4245-DR), dated November 25, 2015, and related determinations.
Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.
The notice of a major disaster declaration for the State of Texas is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of November 25, 2015.
Cameron County for Individual Assistance.
The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially
Office of the Special Trustee for American Indians, Interior.
Notice of deletion of an existing system of records.
The Department of the Interior is issuing public notice of its intent to delete the Office of the Special Trustee for American Indians Privacy Act system of records, “Accounting Reconciliation Tool (ART)—Interior, OS-11,” from its existing inventory.
This deletion will be effective on January 14, 2016.
Veronica Herkshan, Privacy Act Officer, Office of the Special Trustee for American Indians (OST), 4400 Masthead Street NE., Albuquerque, New Mexico 87109; by telephone at (505) 816-1645; or by email at
Pursuant to the provisions of the Privacy Act of 1974, 5 U.S.C. 552a, as amended, the Department of the Interior (DOI) Office of the Special Trustee for American Indians (OST) is deleting, “Accounting Reconciliation Tool (ART)—Interior, OS-11,” from its system of records inventory. A
Deleting the “Accounting Reconciliation Tool (ART)—Interior, OS-11” system of records notice will have no adverse impacts on individuals as the records are covered under the OST “Individual Indian Money (IIM) Trust Funds—Interior, OS-02” system of records notice. Individuals may continue to seek access or correction to their records under the “Individual Indian Money (IIM) Trust Funds—Interior, OS-02” system of records notice. This deletion will also promote the overall streamlining and management of Department of the Interior Privacy Act systems of records.
Bureau of Land Management.
Notice of realty action.
The Bureau of Land Management (BLM) has examined and found suitable for classification and lease to the City of Port Angeles under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, approximately 16.91 acres of public land in Clallam County, Washington, more commonly known as Ediz Hook. The City of Port Angeles proposes to use the area for public recreation and other public purposes.
Interested parties may submit written comments regarding the proposed classification and lease of public lands on or before February 29, 2016.
Written comments concerning this notice should be addressed to Linda Coates-Markle, Wenatchee Field Office Manager, BLM, Wenatchee Field Office, 915 Walla Walla Avenue, Wenatchee, WA 98801.
Linda Coates-Markle, Wenatchee Field Manager, 915 Walla Walla Avenue, Wenatchee, WA; by phone at 509-665-2100, or by email at
Additional information pertaining to this action can be reviewed in case file WAOR- 41737 located in the Wenatchee Field Office at the above address.
In accordance with the “Elwha River Ecosystem and Fisheries Restoration Act” (Pub. L. 102-495, 106 Stat. 3173.3177), the Secretary of the Interior is authorized by the U.S. Congress to issue a 99 year lease to the City of Port Angeles for the following described public lands, using the provisions of the R&PP Act, as amended (43 U.S.C. 969
The area described contains approximately 16.91 acres, more or less, in Clallam County, Washington.
The lease to be issued by the BLM will replace an expired 99 year lease that was authorized by the U.S. Coast Guard. The subject lands will continue to be used by the City for public recreation and other public purposes. Classification of the land prior to the BLM's issuance of a lease is a requirement of the R&PP Act, as amended (43 U.S.C. 969
The lease, when issued, will be subject to the following terms and conditions:
1. Provisions of the R&PP Act, as amended (43 U.S.C. 969
2. Requirement for lessee to have an approved, qualified Archaeologist on site during any new excavation activities to monitor potential effects to cultural resources.
3. Requirement for lessee to comply with navigable airspace obstruction standards established by the Federal Aviation Administration (FAA), commonly known as the “Federal Aviation Regulations,” which can be found in Part 77 of Title 14 of the Code of Federal Regulations (14 CFR 77), as
Any adverse comments will be reviewed by the BLM Oregon/Washington State Director who may sustain, vacate, or modify this realty action. In the absence of any adverse comments, the classification will become effective March 14, 2016. The land will not be available for lease until after the classification becomes effective.
U.S. International Trade Commission.
Notice.
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled
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 complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at EDIS,
General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at USITC.
The Commission has received a complaint and a submission pursuant to section 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of Covidien LP on January 8, 2016. The 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 surgical stapler devices and components thereof. The complaint names as a respondent Chongqing QMI Surgical Co., Ltd of China. The complainant requests that the Commission issue a limited exclusion order and a cease and desist order.
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 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
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. 3112”) in a prominent place on the cover page and/or the first page. (
Any person desiring to submit a document to the Commission in confidence must request confidential
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)).
By order of the Commission.
U.S. International Trade Commission.
Notice.
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 10, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Saxon Glass Technologies, Inc. of Alfred, New York. An amended complaint was filed on December 24, 2015. The amended complaint alleges violations of section 337 based upon the importation into the United States, or in the sale of certain electronic devices containing strengthened glass and packaging thereof, by reason of common law trademark infringement and dilution, the threat or effect of which is to destroy or substantially injure an industry in the United States. The amended complaint further 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 electronic devices containing strengthened glass and packaging thereof by reason of infringement of U.S. Trademark Registration No. 2,639,419 (“the '419 Mark”). The amended 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 a cease and desist order.
The amended 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
The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
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 (2015).
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine:
(a) Whether there is a violation of subsection (a)(1)(A) of section 337 based upon the importation into the United States, or in the sale of certain electronic devices containing strengthened glass and packaging thereof, by reason of common law trademark infringement or dilution, the threat or effect of which is to destroy or substantially injure an industry in the United States; and
(b) whether there is a violation of subsection (a)(1)(C) of section 337 based upon the importation into the United States, the sale for importation, or the sale within the United States after importation of certain electronic devices containing strengthened glass and packaging thereof by reason of infringement of the '419 Mark, 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: Saxon Glass Technologies, Inc., 200 N. Main Street, Alfred, NY 14802.
(b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the amended complaint is to be served: Apple Inc., 1 Infinite Loop, Cupertino, CA 95014.
(c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge.
Responses to the amended complaint and the notice of investigation must be submitted by the named respondent 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 amended complaint and the notice of investigation. Extensions of time for submitting responses to the amended complaint and the notice of investigation will not be granted unless good cause therefor is shown.
Failure of the respondent to file a timely response to each allegation in the amended complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the amended 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 amended 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.
United States International Trade Commission.
Notice.
The Commission hereby gives notice that it will proceed with full reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the antidumping and countervailing duty orders on certain coated paper suitable for high-quality print graphics using sheet-fed presses from China and Indonesia would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date.
Justin Enck (202-205-3363), 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 (
For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).
On January 4, 2016, the Commission determined that it should proceed to full reviews in the subject five-year reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)). With respect to the orders on subject merchandise from Indonesia, the Commission found that both the domestic and respondent interested party group responses to its notice of institution (80 FR 59189, October 1, 2015) were adequate and determined to proceed to full reviews of the orders. With respect to the orders on subject merchandise from China, the Commission found that the domestic group response was adequate and the respondent interested party group response was inadequate, but that circumstances warranted conducting full reviews. A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements will be available from the Office of the Secretary and at the Commission's Web site.
These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules.
By order of the Commission.
United States International Trade Commission.
Notice.
The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty and countervailing duty orders on seamless carbon and alloy steel standard, line, and pressure pipe from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Angela Newell (202) 708-5409), 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 (
For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).
In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.
These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules.
By order of the Commission.
United States International Trade Commission.
Notice.
The Commission hereby gives notice that it will proceed with full reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the countervailing duty order on heavy iron construction castings from Brazil, the antidumping duty order on heavy iron construction castings from Canada, and the antidumping duty orders on iron construction castings from Brazil and China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date.
Keysha Martinez (202-205-2136), 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 (
On January 4, 2016, the Commission determined that it should proceed to full reviews in the subject five-year reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)). With respect to the orders on subject imports from Brazil, the Commission concluded that both the domestic and the respondent interested party group responses to its notice of institution (80 FR 59192, October 1, 2015) were adequate. With respect to the orders on subject imports from Canada and China, the Commission concluded that the domestic interested party group response was adequate and the respondent interested party group responses were inadequate, but that circumstances warranted full reviews. A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements will be available from the Office of the Secretary and at the Commission's Web site.
These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules.
By order of the Commission.
United States International Trade Commission.
Notice.
The Commission hereby gives notice that it will proceed with full reviews pursuant to the Tariff Act of 1930, as amended, to determine whether revocation of the antidumping duty orders on seamless refined copper pipe and tube from China and Mexico would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date.
Carolyn Carlson (202-205-3002), 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 (
On January 4, 2016, the Commission determined that it should proceed to
These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules.
By order of the Commission.
National Endowment for the Arts, National Foundation on the Arts and the Humanities.
Notice of meeting.
Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Public Law 92-463), as amended, notice is hereby given that a meeting of the Federal Advisory Committee on International Exhibitions (FACIE) Panel will be held by teleconference from the National Endowment for the Arts, Constitution Center, 400 7th St. SW., Washington, DC, 20506 as follows (all meetings are Eastern time and ending times are approximate):
February 9, 2016—11:30 a.m. to 1:30 p.m.
Further information with reference to these meetings can be obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel Operations, National Endowment for the Arts, Washington, DC 20506;
The closed portions of meetings are for the purpose of Panel review, discussion, evaluation, and recommendations on financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including information given in confidence to the agency. In accordance with the determination of the Chairman of February 15, 2012, these sessions will be closed to the public pursuant to subsection (c)(6) of section 552b of Title 5, United States Code.
National Endowment for the Arts, National Foundation on the Arts and Humanities.
Notice of meeting.
Pursuant to the Federal Advisory Committee Act, as amended, notice is hereby given that 1 meeting of the Arts Advisory Panel to the National Council on the Arts will be held by teleconference.
All meetings are Eastern time and ending times are approximate:
National Endowment for the Arts, Constitution Center, 400 7th St. SW., Washington, DC, 20506.
Further information with reference to these meetings can be obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel Operations, National Endowment for the Arts, Washington, DC, 20506;
The closed portions of meetings are for the purpose of Panel review, discussion, evaluation, and recommendations on financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including information given in confidence to the agency. In accordance with the determination of the Chairman of February 15, 2012, these sessions will be closed to the public pursuant to subsection (c)(6) of section 552b of title 5, United States Code.
The ACRS Subcommittee on Fukushima will hold a meeting on February 19, 2016, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland 20852.
The meeting will be open to public attendance with the exception of portions that will be closed to protect information that is proprietary pursuant to 5 U.S.C. 552b(c)(4). The agenda for the subject meeting shall be as follows:
The Subcommittee will discuss Group 2 Fukushima Tier 2 and 3 closure plans that are due by March 2016. The Subcommittee will hear presentations by and hold discussions with the NRC staff and other interested persons 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), Kathy Weaver (Telephone: 301-415-6236 or Email:
Detailed meeting agendas and meeting transcripts are available on the NRC Web site at
If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, Maryland 20852. After registering with Security, please contact Mr. Theron Brown (Telephone: 240-888-9835) to be escorted to the meeting room.
The ACRS Subcommittee on Research and Test Reactors will hold a meeting on February 3, 2016, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland.
The meeting will be open to public attendance with the exception of portions that may be closed to protect information that is proprietary pursuant to 5 U.S.C. 552b(c)(4). The agenda for the subject meeting shall be as follows:
The Subcommittee will review the Research and Test Reactor (RTR) License Renewal Process Rulemaking. The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff and other interested persons 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), Quynh Nguyen (Telephone 301-415-5844 or Email:
Detailed meeting agendas and meeting transcripts are available on the NRC Web site at
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.
Nuclear Regulato ry Commission.
License amendment application; withdrawal by applicant.
The U.S. Nuclear Regulatory Commission (NRC) has granted the request of Entergy Nuclear Operations, Inc. (Entergy, the licensee), to withdraw its application dated June 26, 2014, for a proposed amendment to Facility Operating License No. NPF-29, for the Grand Gulf Nuclear Station, Unit 1 (GGNS). The proposed amendment would have revised GGNS Technical Specifications (TSs) Surveillance Requirements (SRs) for safety-related battery resistances in TS SRs 3.8.4.2 and 3.8.4.5 for batteries 1A3, 1B3, and 1C3.
January 14, 2016.
Please refer to Docket ID NRC-2016-0008 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:
•
•
•
James Kim, Office of Nuclear Reactor
The NRC has granted the request of Entergy to withdraw its application dated June 26, 2014 (ADAMS Accession No. ML14177A270), for a proposed amendment to Facility Operating License No. NPF-29, for GGNS, located in Claiborne County, Mississippi. The proposed amendment would have revised safety-related battery resistances in GGNS TS SRs 3.8.4.2 and 3.8.4.5 for batteries 1A3, 1B3, and 1C3.
The NRC published a Biweekly Notice in the
For the Nuclear Regulatory Commission.
The ACRS Subcommittee on Plant License Renewal will hold a meeting on February 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:
The Subcommittee will review draft documents for Subsequent License Renewal. The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff and other interested persons 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), Kent Howard (Telephone 301-415-2989 or Email:
Detailed meeting agendas and meeting transcripts are available on the NRC Web site at
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.
The ACRS Subcommittee on Regulatory Policies and Practices will hold a meeting on February 2, 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:
The Subcommittee will discuss the State-of-the-Art Reactor Consequence Analyses Project (SOARCA) Uncertainty Analysis of the Unmitigated Short-Term Station Blackout of the Surry Nuclear Power Plant. The Subcommittee will hear presentations by and hold discussions with the NRC staff and other interested persons 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), Hossein Nourbakhsh (Telephone 301-415-5622 or Email:
Detailed meeting agendas and meeting transcripts are available on the NRC Web site at
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.
The ACRS Subcommittee on Planning and Procedures will hold a meeting on February 3, 2016, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland.
The meeting will be open to public attendance with the exception of a portion that may be closed pursuant to 5 U.S.C. 552b(c)(2) and (6) to discuss organizational and personnel matters that relate solely to the internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy.
The agenda for the subject meeting shall be as follows:
The Subcommittee will discuss proposed ACRS activities and related matters. 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), Quynh Nguyen (Telephone 301-415-5844 or Email:
Information regarding changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained 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 the DFO 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 (240-888-9835) to be escorted to the meeting room.
Pursuant to Section 17(d) of the Securities Exchange Act of 1934 (“Act”),
Section 19(g)(1) of the Act,
Section 17(d)(1) of the Act
To implement Section 17(d)(1), the Commission adopted two rules: Rule 17d-1 and Rule 17d-2 under the Act.
To address regulatory duplication in these and other areas, the Commission adopted Rule 17d-2 under the Act.
The proposed 17d-2 Plan is intended to reduce regulatory duplication for firms that are common members of both NSX and FINRA.
The text of the Plan delineates the proposed regulatory responsibilities with respect to the Parties. Included in the proposed Plan is an exhibit (the “National Stock Exchange (“NSX”) Rules Certification for 17d-2 Agreement with FINRA,” referred to herein as the “Certification”) that lists every NSX rule, and select federal securities laws, rules, and regulations, for which FINRA would bear responsibility under the Plan for overseeing and enforcing with respect to NSX members that are also members of FINRA and the associated persons therewith (“Dual Members”).
Specifically, under the 17d-2 Plan, FINRA would assume examination and enforcement responsibility relating to compliance by Dual Members with the rules of NSX that are substantially similar to the applicable rules of FINRA,
Under the Plan, NSX would retain full responsibility for surveillance and enforcement with respect to trading activities or practices involving NSX's own marketplace, including, without limitation, registration pursuant to its applicable rules of associated persons (
The text of the proposed 17d-2 Plan is as follows:
This Agreement, by and between the Financial Industry Regulatory Authority, Inc. (“FINRA”) and the National Stock Exchange, Inc. (“NSX”), is made this 22nd day of December, 2015 (the “Agreement”), pursuant to Section 17(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) and Rule 17d-2 thereunder, which permits agreements between self-regulatory organizations to allocate regulatory responsibility to eliminate regulatory duplication. FINRA and NSX may be referred to individually as a “party” and together as the “parties.”
This Agreement replaces and restates the agreement entered into between the parties on June 20, 1977 as amended, entitled “Agreement Between the National Association of Securities Dealers, Inc. and the Cincinnati Stock Exchange Pursuant to SEC Rule 17d-2 Under the Securities Exchange Act of 1934,” and any subsequent amendments thereafter.
WHEREAS, FINRA and NSX desire to reduce duplication in the examination of their Dual Members (as defined herein) and in the filing and processing of certain registration and membership records; and
WHEREAS, FINRA and NSX desire to execute an agreement covering such subjects pursuant to the provisions of Rule 17d-2 under the Exchange Act and to file such agreement with the Securities and Exchange Commission (the “SEC” or “Commission”) for its approval.
NOW, THEREFORE, in consideration of the mutual covenants contained hereinafter, FINRA and NSX hereby agree as follows:
1. Definitions. Unless otherwise defined in this Agreement or the context otherwise requires, the terms used in this Agreement shall have the same meaning as they have under the Exchange Act and the rules and regulations thereunder. As used in this Agreement, the following terms shall have the following meanings:
(a) “
(b) “
(c) “
(d) “
(e) “
(f) “
2. Regulatory and Enforcement Responsibilities. FINRA shall assume Regulatory Responsibilities and Enforcement Responsibilities for Dual Members. Attached as
(a) Surveillance, examination, investigation and enforcement with respect to trading activities or practices involving NSX's own marketplace;
(b) registration pursuant to its applicable rules of associated persons (
(c) discharge of its duties and obligations as a Designated Examining Authority pursuant to Rule 17d-1 under the Exchange Act; and
(d) any NSX Rules that are not Common Rules.
3. Dual Members. Prior to the Effective Date, NSX shall furnish FINRA with a current list of Dual Members, which shall be updated no less frequently than once each quarter.
4. No Charge. There shall be no charge to NSX by FINRA for performing the Regulatory Responsibilities and Enforcement Responsibilities under this Agreement except as hereinafter provided. FINRA shall provide NSX with ninety (90) days advance written notice in the event FINRA decides to impose any charges to NSX for performing the Regulatory Responsibilities under this Agreement. If FINRA determines to impose a charge, NSX shall have the right at the time of the imposition of such charge to terminate this Agreement; provided, however, that FINRA's Regulatory Responsibilities under this Agreement shall continue until the Commission approves the termination of this Agreement.
5. Applicability of Certain Laws, Rules, Regulations or Orders. Notwithstanding any provision hereof, this Agreement shall be subject to any statute, or any rule or order of the Commission. To the extent such statute, rule, order or action is inconsistent with this Agreement, the statute, rule, order or action shall supersede the provision(s) hereof to the extent necessary for them to be properly effectuated and the provision(s) hereof in that respect shall be null and void.
6. Notification of Violations.
(a) In the event that FINRA becomes aware of apparent violations of any NSX Rules, which are not listed as Common Rules, discovered pursuant to the performance of the Regulatory Responsibilities assumed hereunder, FINRA shall notify NSX of those apparent violations for such response as NSX deems appropriate.
(b) In the event that NSX becomes aware of apparent violations of any Common Rules, discovered pursuant to the performance of the Retained Responsibilities, NSX shall notify FINRA of those apparent violations and such matters shall be handled by FINRA as provided in this Agreement.
(c) Apparent violations of Common Rules shall be processed by, and enforcement proceedings in respect thereto shall be conducted by FINRA as provided hereinbefore; provided, however, that in the event a Dual Member is the subject of an investigation relating to a transaction on NSX, NSX may in its discretion assume concurrent jurisdiction and responsibility.
(d) Each party agrees to make available promptly all files, records and witnesses necessary to assist the other in its investigation or proceedings.
7. Continued Assistance.
(a) FINRA shall make available to NSX all information obtained by FINRA in the performance by it of the Regulatory Responsibilities hereunder with respect to the Dual Members subject to this Agreement. In particular, and not in limitation of the foregoing, FINRA shall furnish NSX any information it obtains about Dual Members which reflects adversely on their financial condition. NSX shall make available to FINRA any information coming to its attention that reflects adversely on the financial condition of Dual Members or indicates possible violations of applicable laws, rules or regulations by such firms.
(b) The parties agree that documents or information shared shall be held in confidence, and used only for the purposes of carrying out their respective regulatory obligations. Neither party shall assert regulatory or other privileges as against the other with respect to documents or information that is required to be shared pursuant to this Agreement.
(c) The sharing of documents or information between the parties pursuant to this Agreement shall not be deemed a waiver as against third parties of regulatory or other privileges relating to the discovery of documents or information.
8. Statutory Disqualifications. When FINRA becomes aware of a statutory
9. Customer Complaints. NSX shall forward to FINRA copies of all customer complaints involving Dual Members received by NSX relating to FINRA's Regulatory Responsibilities under this Agreement. It shall be FINRA's responsibility to review and take appropriate action in respect to such complaints.
10. Advertising. FINRA shall assume responsibility to review the advertising of Dual Members subject to the Agreement, provided that such material is filed with FINRA in accordance with FINRA's filing procedures and is accompanied with any applicable filing fees set forth in FINRA Rules.
11. No Restrictions on Regulatory Action. Nothing contained in this Agreement shall restrict or in any way encumber the right of either party to conduct its own independent or concurrent investigation, examination or enforcement proceeding of or against Dual Members, as either party, in its sole discretion, shall deem appropriate or necessary.
12. Termination. This Agreement may be terminated by NSX or FINRA at any time upon the approval of the Commission after one (1) year's written notice to the other party, except as provided in paragraph 4.
13. Arbitration. In the event of a dispute between the parties as to the operation of this Agreement, NSX and FINRA hereby agree that any such dispute shall be settled by arbitration in Washington, DC in accordance with the rules of the American Arbitration Association then in effect, or such other procedures as the parties may mutually agree upon. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. Each party acknowledges that the timely and complete performance of its obligations pursuant to this Agreement is critical to the business and operations of the other party. In the event of a dispute between the parties, the parties shall continue to perform their respective obligations under this Agreement in good faith during the resolution of such dispute unless and until this Agreement is terminated in accordance with its provisions. Nothing in this Section 13 shall interfere with a party's right to terminate this Agreement as set forth herein.
14. Separate Agreement. This Agreement is wholly separate from the following agreements: (1) The multiparty agreement for insider trading activities, which is covered by a separate 17d-2 Agreement by and among NSX Exchange, Inc., NSX-Y Exchange, Inc., Chicago Board Options Exchange, Incorporated, Chicago Stock Exchange, Inc., EDGA Exchange Inc., EDGX Exchange Inc., Financial Industry Regulatory Authority, Inc., NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC, The NASDAQ Stock Market LLC, National Stock Exchange, Inc., New York Stock Exchange, LLC, NYSE Amex LLC, and NYSE Arca Inc. effective December 16, 2011, as may be amended from time to time and (2) the multiparty 17d-2 agreement relating to Regulation NMS rules by and among NSX Exchange, Inc., NSX-Y Exchange, Inc., BOX Options Exchange LLC, Chicago Board Options Exchange, Incorporated, C2 Options Exchange, Incorporated, Chicago Stock Exchange, Inc., EDGA Exchange, Inc., EDGX Exchange, Inc., FINRA, International Securities Exchange, LLC, ISE Gemini, LLC, Miami International Securities Exchange, LLC, The NASDAQ Stock Market LLC, NASDAQ OMX BOX, Inc., NASDAQ OMX PHLX, Inc., National Stock Exchange, Inc., New York Stock Exchange LLC, NYSE MKT LLC, and NYSE Arca, Inc. effective October 29, 2015 as may be amended from time to time.
15. Notification of Members. NSX and FINRA shall notify Dual Members of this Agreement after the Effective Date by means of a uniform joint notice.
16. Amendment. This Agreement may be amended in writing duly approved by each party. All such amendments must be filed with and approved by the Commission before they become effective.
17. Limitation of Liability. Neither FINRA nor NSX nor any of their respective directors, governors, officers or employees shall be liable to the other party to this Agreement for any liability, loss or damage resulting from or claimed to have resulted from any delays, inaccuracies, errors or omissions with respect to the provision of Regulatory Responsibilities as provided hereby or for the failure to provide any such responsibility, except with respect to such liability, loss or damages as shall have been suffered by one or the other of FINRA or NSX and caused by the willful misconduct of the other party or their respective directors, governors, officers or employees. No warranties, express or implied, are made by FINRA or NSX with respect to any of the responsibilities to be performed by each of them hereunder.
18. Relief from Responsibility. Pursuant to Sections 17(d)(1)(A) and 19(g) of the Exchange Act and Rule 17d-2 thereunder, FINRA and NSX join in requesting the Commission, upon its approval of this Agreement or any part thereof, to relieve NSX of any and all responsibilities with respect to matters allocated to FINRA pursuant to this Agreement; provided, however, that this Agreement shall not be effective until the Effective Date.
19. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of the terms or provisions of this Agreement in any other jurisdiction.
20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and such counterparts together shall constitute one and the same instrument.
IN WITNESS WHEREOF, each party has executed or caused this Agreement to be executed on its behalf by a duly authorized officer as of the date first written above.
NSX hereby certifies that the requirements contained in the rules listed below are identical to, or substantially similar to, the comparable FINRA Rule, NASD Rule, Exchange Act provision or SEC rule identified (“Common Rules”).
In addition, the following provisions shall be part of this 17d-2 Agreement:
Section 15(f)
Pursuant to Section 17(d)(1) of the Act
In order to assist the Commission in determining whether to approve the proposed 17d-2 Plan and to relieve NSX of the responsibilities which would be assigned to FINRA, interested persons are invited to submit written data, views, and arguments concerning the foregoing. Comments may be submitted by any of the following methods:
• Use the Commission's Internet comment form (
• Send an email to
• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, Station Place, 100 F Street NE., Washington, DC 20549-1090.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
The Exchange proposes to amend the Exchange's Pricing Schedule at Section VI, entitled “Membership Fees.” The Exchange also proposes to correct a reference to The NASDAQ OMX Group, Inc. within the Pricing Schedule.
The Exchange purposes to increase certain permit fees. The Exchange's permit fees remain competitive with those of other options Exchanges. While the changes proposed herein are effective upon filing, the Exchange has designated the amendments to become operative on January 4, 2016.
The text of the proposed rule change is available on the Exchange's Web site at
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.
The Exchange proposes to increase permit fees to allocate its costs to various options market participants, specifically floor participants. The Exchange assesses Permit Fees by market participant. Today, the Exchange assesses the same monthly Permit Fees of $2,300 to Floor Brokers,
The Exchange is not amending the Permit Fees for Other Market Participants or the criteria of the lower Permit Fee of $2,300 per month for members and member organizations that execute a certain amount of volume on the Exchange.
The Exchange also proposes to correct a reference to The NASDAQ OMX Group, Inc. within the Pricing Schedule. The amendments are detailed below.
• The Exchange proposes to increase the Floor Broker Permit Fee from $2,300 to $3,000 per month.
• The Exchange proposes to increase the Floor Specialist
• The Exchange proposes to increase the Permit Fee for Remote Specialists and Remote Market Makers
The Exchange believes that these increased fees will raise revenue for the Exchange. The Exchange believes that these Permit Fees remain competitive with fees at other options exchanges
• The Exchange proposes to correct a reference to The NASDAQ OMX Group, Inc. within the Pricing Schedule to newly named Nasdaq, Inc.
The Exchange believes that its proposal is consistent with Section 6(b) of the Act
The Commission and the courts have repeatedly expressed their preference for competition over regulatory intervention in determining prices, products, and services in the securities markets. In Regulation NMS, for example, the Commission indicated that market forces should generally determine the price of non-core market data because national market system regulation “has been remarkably successful in promoting market competition in its broader forms that are most important to investors and listed companies.”
Further, “[n]o one disputes that competition for order flow is `fierce.' . . . As the SEC explained, `[i]n the U.S. national market system, buyers and sellers of securities, and the broker-dealers that act as their order-routing agents, have a wide range of choices of where to route orders for execution'; [and] `no exchange can afford to take its market share percetages for granted' because `no exchange possesses a monopoly, regulatory or otherwise, in the execution of order flow from broker dealers'. . . .”
The Exchange's proposal to increase Floor Broker Permit Fees from $2,300 to $3,000 and Floor Specialist and Floor Market Maker Permit Fees from $2,300 to $4,500 is reasonable because the
Floor Specialists and Floor Market Makers benefit from the access they have to interact with orders which are made available in open outcry on the trading floor. These market participants may choose to conduct their business either electronically or on the trading floor, unlike Floor Brokers, who have a business model that is naturally tied to the physical trading space. The Exchange offers Specialists and Market Makers a choice on how to conduct business, electronic or floor. The Exchange believes that it is reasonable to assess Floor Specialists and Floor Market Makers the higher floor permits because it is offering different trading experiences to these market participants.
The Exchange notes that assessing different Permit Fee rates to different types of market participants is not novel.
The Exchange's proposal to increase Floor Broker Permit Fees from $2,300 to $3,000 and Floor Specialist and Floor Market Maker from $2,300 to $4,500 is equitable and not unfairly discriminatory because the Exchange seeks to allocate the costs in a fair and equitable manner by assessing fees consistent with the consumption of resources. The differentiation in fees as between electronic trading and floor trading recognizes these different business models. For example, Floor Brokers are registered with the Exchange for the purpose, while on the options floor, of accepting and executing options orders received from members and member organizations.
The Exchange believes that the increased Permit Fees to Floor Brokers, Floor Specialists and Floor Market Makers is equitable and not unfairly discriminatory because the Exchange is allocating the additional floor cost to the market participants that benefit from the trading floor. Further, the Exchange believes that it is equitable and not unfairly discriminatory to assess Floor Specialists and Floor Market Makers the higher floor Permit Fees among all floor participants because Specialists and Market Makers may decide to stream remotely or conduct their business on the trading floor in open outcry. These market participants are offered the opportunity to also avail themselves of both means to access the Exchange, whereby they may interact with order floor in the electronic Order Book and/or interact with order floor in the trading crowd on the Exchange's trading floor. This opportunity to conduct their business on the trading floor and access the Exchange through both avenues comes at a cost to the Exchange,
The Exchange's proposal to increase Permit Fees for Remote Specialists and Remote Market Makers from $2,300 to $4,000 is reasonable because the Exchange is allocating costs differently as between electronic and floor trading. The differentiation in fees as between electronic trading and floor trading recognizes the distinctions in these business models. The Exchange's proposal will also offer Remote Specialists and Remote Market Makers the opportunity to reduce the Permit Fee from $4,000 to $2,300 by directing at least 100 option contracts to the Exchange in a given month.
The Exchange's proposal to increase Permit Fees for Remote Specialists and Remote Market Makers that conduct an electronic business from $2,300 to $4,000 is equitable and not unfairly discriminatory as all electronic market participants will uniformly be assessed a $4,000 a month Permit Fee and will uniformly be offered an opportunity to decrease that Permit Fee to $2,300 by directing at least 100 option contracts in a given month to the Exchange. This liquidity benefits all market participants and in turn brings revenue to the Exchange through transaction fees assessed to these orders. The Exchange believes that assessing different rates for
The Exchange's proposal to correct the reference to The NASDAQ OMX Group, Inc. within the reference to the trademark PHLX® to recently renamed Nasdaq, Inc.
The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. In terms of inter-market competition, the Exchange notes that it operates in a highly competitive market in which market participants can readily favor competing venues if they deem fee levels at a particular venue to be excessive, or rebate opportunities available at other venues to be more favorable. In such an environment, the Exchange must continually adjust its fees to remain competitive with other exchanges and with alternative trading systems that have been exempted from compliance with the statutory standards applicable to exchanges. Because competitors are free to modify their own fees in response, and because market participants may readily adjust their order routing practices, the Exchange believes that the degree to which fee changes in this market may impose any burden on competition is extremely limited.
The Exchange's proposal to increase Floor Broker Permit Fees from $2,300 to $3,000 and Floor Specialist and Floor Market Maker from $2,300 to $4,500 does not impose an undue burden on intra-market competition because the Exchange proposes to allocate the costs to floor participants because they consume a greater amount of Exchange resources. The Exchange is required to staff the trading floor with regulatory personnel and provide a physical infrastructure in addition to other costs which are also incurred to operate an electronic environment. The Exchange has incurred increasing costs in operating and maintaining the trading floor, which costs have increased over the years. Specialists and Market Makers have the ability to operate an electronic business on the Exchange, as compared to Floor Brokers, who have a business model that is naturally tied to the physical trading space.
Floor Specialists and Floor Market Makers desiring to interact with the order flow generated by these Floor Brokers are offered the opportunity to transact business on the trading floor in addition to the electronic market. This opportunity comes at a cost for the Exchange. The Exchange believes that the increased fee to Floor Specialists and Floor Market Makers does not impose an undue burden on intra-market competition because the Exchange is allocating the additional floor cost to the participants that benefit from such a dual structure.
The Exchange's proposal to increase Permit Fees for Remote Specialists and Remote Market Makers from $2,300 to $4,000 does not impose an undue burden on intra-market competition because all electronic market participants will uniformly be assessed a $4,000 a month Permit Fee and will uniformly be offered an opportunity to decrease that fee by directing at least 100 option contracts in a given month. This liquidity benefits all market participants and in turn brings revenue to the Exchange through transaction fees assessed to these orders. The Exchange believes that assessing Remote Specialists and Remote Market Makers a lower rate than Floor Specialists and Floor Market Makers does not impose an undue burden on intra-market competition because Specialists and Market Makers have the ability to operate an electronic business on the Exchange, as compared to Floor Brokers, who have a business model that is naturally tied to the physical trading space. Specialists and Market Makers desiring to interact with the order flow generated by these Floor Brokers are offered the opportunity to transact business on the trading floor in addition to the electronic market. This opportunity comes at a cost for the Exchange.
The proposed Permit Fees are competitive with fees at other options exchanges.
The Exchange's proposal to correct the reference to The NASDAQ OMX Group, Inc. within the reference to the trademark PHLX® to recently renamed Nasdaq, Inc. does not impose any undue burden on intra-market competition because the amendment simply updates the name.
No written comments were either solicited or received.
The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act.
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: (i) Necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.
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.
• Use the Commission's Internet comment form (
• Send an email to
• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),
The Exchange seeks to amend Exchange rules related to limit order price protections for stock-option orders. The text of the proposed rule change is provided below.
This rule describes the process for routing orders through the Exchange's order handling system in classes designated for trading on the CBOE Hybrid System. The order handling system is a feature within the Hybrid System to route orders for automatic execution, book entry, open outcry, or further handling by a broker, agent, or PAR Official, in a manner consistent with Exchange Rules and the Act (
(a) Orders may route through the order handling system for electronic processing in the Hybrid System or to a designated order management terminal or PAR Workstation in any of the circumstances described below. Routing designations may be established based on various parameters defined by the Exchange, order entry firm or Trading Permit Holder, as applicable.
[(5)]
[(6)]
. . .
.01 For purposes of subparagraphs (a)(3), [and] (4)
The text of the proposed rule change is also available on the Exchange's Web site (
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.
The Exchange is proposing to amend Rule 6.12—CBOE Hybrid Order Handling System in order to institute limit order price protections for stock-option orders.
The CBOE Hybrid System
In February 2015, the Exchange adopted Rule 6.12 to, among other things, describe existing OHS operations.
The Exchange seeks to adopt limit order price protections applicable to stock-option orders. To that end, the Exchange proposes to add the following provisions to Rule 6.12:
• Limit Order Price Parameter for Stock-Option Orders: Limit orders received after a series is opened will be cancelled
The Exchange believes this proposal will help the maintenance of fair and orderly markets and help to mitigate potential risks associated with orders executing at potentially erroneous prices.
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.
In particular, the Exchange believes these routing parameters assist with the maintenance of fair and orderly markets and help to mitigate potential risks associated with orders executing at potentially erroneous prices. Furthermore, the Exchange believes the proposed rule change furthers the objective of Section 6(b)(5) of the Act in that it permits the Exchange to address the entry stock-option limit orders that are priced significantly away from the market that may likely have resulted from human or operational error. By being able to quickly and efficiently address orders that likely resulted from such error, the proposed use of the limit order price parameter checks would promote a fair and orderly market. Additionally, by having the flexibility to determine the series or classes where the limit order price parameter checks would be applied (or not applied) and the levels at which the ATD settings would be applied, and to grant relief on an intra-day basis, the Exchange is able to effectively structure and efficiently react to particular option characteristics and market conditions—including (without limitation) price, volatility, and significant price movements—which contributes to its ability to maintain a fair and orderly market. Accordingly, the Exchange believes that this proposal is designed to promote just and equity principles of trade, remove impediments to, and perfect the mechanism of, a free and open market.
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 believes that the proposed rule change will promote competition in that the routing parameters assist with the maintenance of a fair and orderly market and help to mitigate potential risks associated with orders executing at potentially erroneous prices. The Exchange believes this, again, promotes fair and orderly markets, as well as assists the Exchange in its ability to effectively attract order flow and liquidity to its market, and ultimately benefits all CBOE TPHs and all investors. Thus, the Exchange does not believe the proposal creates any significant impact on competition.
The Exchange neither solicited nor received comments on the proposed rule change.
Because the foregoing proposed rule change does not:
A. Significantly affect the protection of investors or the public interest;
B. impose any significant burden on competition; and
C. become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act
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:
• Use the Commission's Internet comment form (
• Send an email to
• Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
Based upon a review of the Administrative Record assembled in this matter, and in consultation with the Attorney General and the Secretary of the Treasury, I conclude that there is a sufficient factual basis to find that the relevant circumstances described in section 219 of the Immigration and Nationality Act, as amended (hereinafter “INA”) (8 U.S.C. 1189), exist with respect to ISIL Khorasan also known as Islamic State's Khorasan Province also known as ISIS Wilayat Khorasan also known as ISIL's South Asia Branch also known as South Asian chapter of ISIL.
Therefore, I hereby designate the aforementioned organization and its aliases as a foreign terrorist organization pursuant to section 219 of the INA.
This determination shall be published in the
Pursuant to section 219(a)(4)(C) of the Immigration and Nationality Act, as amended (8 U.S.C. 1189(a)(4)(C)), the Department of State is undertaking a review of the designation of the Liberation Tigers of Tamil Eelam as a Foreign Terrorist Organization. In making its determination, the Department of State will accept a written statement or other documentary materials submitted on behalf of interested parties and the above-named organization by its representatives. Such materials must be submitted February 1, 2016, to: The Coordinator for Counterterrorism, United States Department of State, 2201 C Street NW., Washington, DC 20520.
This notice shall be published in the
BD Highspire Holdings, LLC (BDHH),
According to BDHH, BDCM and ArcelorMittal USA LLC, the parent company of Mittal Railways, have reached an agreement which, when consummated, will result in BDHH purchasing the Line from Mittal Railways and operating it. BDHH states that a letter of intent covering the transaction was signed on November 13, 2015, and the parties expect to finalize a sale and purchase agreement shortly.
BDHH states that the proposed transaction does not include any interchange commitment that prohibits BDHH from interchanging traffic with a third party or that limits BDHH's ability to interchange with a third party.
BDHH certifies that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier and states that its projected annual revenues will not exceed $5 million.
The transaction is expected to be consummated on or after January 28, 2016, the effective date of the exemption (30 days after the verified notice was filed).
If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than January 21, 2016 (at least seven days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No. FD 35987, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
According to BDHH, this action is categorically excluded from environmental review under 49 CFR 1105.6(c).
Board decisions and notices are available on our Web site at
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
Federal Aviation Administration (FAA), DOT.
Notice of Commercial Space Transportation Advisory Committee Teleconference.
Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C. App. 2), notice is hereby given of a teleconference of the Commercial Space Transportation
The purpose of this teleconference is to review the International Space Policy Working Group findings and recommendations regarding a potential modification of current U.S. policy on the launching of U.S. technology on Indian launch vehicles.
Interested members of the public may submit relevant written statements for the COMSTAC members to consider under the advisory process. Statements may concern the issues and agenda items mentioned above and/or additional issues that may be relevant for the U.S. commercial space transportation industry. Interested parties wishing to submit written statements should contact Michael Beavin, COMSTAC Executive Director, (the Contact Person listed below) in writing (mail or email) by January 22, 2016, so that the information can be made available to COMSTAC members for their review and consideration before the January 27 teleconference. Written statements should be supplied in the following formats: One hard copy with original signature and/or one electronic copy via email.
An agenda will be posted on the FAA Web site at
Individuals who plan to participate and need special assistance should inform the Contact Persons listed below in advance of the meeting.
Michael Beavin, telephone (202) 267-9051; email
Complete information regarding COMSTAC is available on the FAA Web site at:
Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT).
Notice of eighth RTCA Special Committee 231 meeting.
The FAA is issuing this notice to advise the public of the Eighth RTCA Special Committee 231 meeting.
The meeting will be held February 9-12, 2016 from 9:00 a.m.-5:00 p.m.
The meeting will be held at Hilton Garden Inn, Phoenix North/Happy Valley, 1940 W. Pinnacle Peak Road, Phoenix, AZ 85027, Tel: (202) 330-0654.
The RTCA Secretariat, 1150 18th Street NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833-9339, fax at (202) 833-9434, or Web site at
Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is hereby given for a meeting of RTCA Special Committee 231. The agenda will include the following:
Attendance is open to the interested public but limited to space availability. With the approval of the chairman, members of the public may present oral statements at the meeting. Plenary information will be provided upon request. Persons who wish to present statements or obtain information should contact the person listed in the
Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT).
Notice of sixth RTCA Special Committee 232 meeting.
The FAA is issuing this notice to advise the public of the Sixth RTCA Special Committee 232 meeting.
The meeting will be held January 26-27, 2016 from 9:00 a.m.-5:00 p.m.
The meeting will be held at RTCA, Inc., 1150 18th Street NW., Suite 910, Washington, DC 20036, Tel: (202) 330-0654.
The RTCA Secretariat, 1150 18th Street NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833-9339, fax at (202) 833-9434, or Web site at
Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is hereby given for a meeting of RTCA Special Committee 232. The agenda will include the following:
Attendance is open to the interested public but limited to space availability. With the approval of the chairman, members of the public may present oral statements at the meeting. Plenary information will be provided upon request. Persons who wish to present statements or obtain information should contact the person listed in the
Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT).
Notice of twenty-fifth RTCA Special Committee 217 meeting.
The FAA is issuing this notice to advise the public of the Twenty-Fifth RTCA Special Committee 217 meeting.
The meeting will be held February 9-11, 2016 from 9:00 a.m.-5:00 p.m.
The meeting will be held at Jeppesen Office, Frankfurter Str. 233, 63263 Neu-Isenburg, Germany, Tel: (202) 330-0662.
The RTCA Secretariat, 1150 18th Street NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833-9339, fax at (202) 833-9434, or Web site at
Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is hereby given for a meeting of RTCA Special Committee 217. The agenda will include the following:
Attendance is open to the interested public but limited to space availability. Use
Federal Highway Administration (FHWA), DOT.
Notice of Limitation on Claims for Judicial Review of Actions by FHWA and Other Federal Agencies.
This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(I)(1). The actions relate to a proposed highway project (TIP# U-5526A, Federal-Aid Project No. FSTRNHPP-0074(153)), U.S. 74 (Independence Boulevard) Managed Toll Lanes, from I-277 (Brookshire/Belk Freeway) to Wallace Lane, Mecklenburg County, North Carolina. Those actions grant licenses, permits, and approvals for the project.
By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(I)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filled on or before June 13, 2016. If this date falls on a Saturday, Sunday, or legal holiday, parties are advised to file their claim no later than the business day preceding this date. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies.
Mr. Clarence W. Coleman, P.E., Preconstruction and Environment Director, Federal Highway Administration, 310 New Bern Avenue, Suite 410, Raleigh, North Carolina, 27601-1418; Telephone: (919) 747-7014; email:
Notice is hereby given that the FHWA and other Federal agencies have taken final agency actions by issuing licenses, permits, and approvals for the following highway project in the State of North Carolina: U.S. 74 (Independence Boulevard) Managed Toll Lanes, Federal Aid No. FSTRNHPP-0074(153), from I-277 (Brookshire/Belk Freeway) to Wallace Lane in the City of Charlotte in Mecklenburg County, North Carolina. The project is also known as State Transportation Improvement Program (STIP) Project U-5526A. The project is approximately 5.8 miles long and includes the following actions:
(1) Convert existing bus lanes to managed toll lanes from I-277 to NC 27 (Albemarle Road).
(2) Convert under-construction bus lanes to managed toll lanes from NC 27 (Albemarle Road) to Wallace Lane.
(3) Designation of the managed toll lanes as HOT 3+.
Additional information can be found on the project Web site:
The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Categorical Exclusion (CE) for the project, approved on August 21, 2015, and in other documents in the FHWA administrative record. The CE and other documents in the FHWA administrative record file are available by contacting the FHWA or NCDOT at the addresses provided above.
This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to:
1.
2.
3.
4.
5.
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8.
23 U.S.C. 139(I)(1).
Federal Motor Carrier Safety Administration (FMCSA), DOT.
Notice of denials.
FMCSA announces its denial of 100 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck and bus drivers and the reasons for the denials. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions does not provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (202) 366-4001,
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal vision standard for a renewable 2-year period if it finds “such an exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such an exemption.” The procedures for requesting an exemption are set forth in 49 CFR part 381.
Accordingly, FMCSA evaluated 100 individual exemption requests on their merit and made a determination that these applicants do not satisfy the criteria eligibility or meet the terms and conditions of the Federal exemption program. Each applicant has, prior to this notice, received a letter of final disposition on the exemption request. Those decision letters fully outlined the basis for the denial and constitute final Agency action. The list published in this notice summarizes the Agency's recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial.
The following 14 applicants had no experience operating a CMV:
The following 24 applicants did not have 3 years of experience driving a CMV on public highways with their vision deficiencies:
The following 10 applicants did not have three years of recent experience driving a CMV with the vision deficiency:
The following 3 applicants did not have sufficient driving experience during the past three years under normal highway operating conditions:
The following applicant, Mark L. Julin, was charged with a moving violation(s) in conjunction with a CMV accident(s).
The following applicant, Randall K. Robertson, does not have sufficient peripheral vision in the better eye to qualify for an exemption.
The following 6 applicants had their commercial driver's licenses suspended during the previous 3-year period:
The following applicant, Kenton D. McCullough, contributed to an accident(s) while operating a CMV.
The following 11 applicants were denied for multiple reasons:
The following 2 applicants did not have stable vision for the entire three-year period:
The following applicant, Jakob Dueck, is a Canadian citizen.
The following 2 applicants do not meet the vision standard in the better eye:
The following 8 applicants met the current federal vision standards. Exemptions are not required for applicants who meet the current regulations for vision:
The following 14 applicants were denied because they will not be driving interstate, interstate commerce, or are not required to carry a DOT medical card:
Finally, the following 2 applicants perform transportation for the federal government, state, or any political sub-division of the state.
Federal Motor Carrier Safety Administration (FMCSA).
Notice of applications for exemptions; request for comments.
FMCSA announces receipt of applications from 40 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.
Comments must be received on or before February 16, 2016.
You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2015-0341 using any of the following methods:
•
•
•
•
Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001,
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-year period if it finds “such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.” The statute also allows the Agency to renew exemptions at the end of the 2-year period. The 40 individuals listed in this notice have recently requested such an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute.
Mr. Aaron, 53, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Aaron understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Aaron meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.
Mr. Acevedo, 47, has had ITDM since 2010. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Acevedo understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Acevedo meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Florida.
Mr. Allen, 52, has had ITDM since 1997. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Allen understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Allen meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from New York.
Mr. Attaway, 63, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Attaway understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Attaway meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from New Mexico.
Mr. Belcher, 48, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Belcher understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Belcher meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from West Virginia.
Mr. Boles, 47, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Boles understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Boles meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Ohio.
Mr. Carr, 59, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Carr understands
Ms. Clark, 45, has had ITDM since 2009. Her endocrinologist examined her in 2015 and certified that she has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. Her endocrinologist certifies that Ms. Clark understands diabetes management and monitoring has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Clark meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her optometrist examined her in 2015 and certified that she does not have diabetic retinopathy. She holds a Class B CDL from Kentucky.
Mr. Coward, 57, has had ITDM since 2004. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Coward understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Coward meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from North Carolina.
Mr. Cubby, 40, has had ITDM since 1982. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Cubby understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Cubby meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from New Jersey.
Mr. Davis, 74, has had ITDM since 2010. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Davis understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Davis meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a CDL from Michigan.
Mr. Deschenes, 57, has had ITDM since 2012. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Deschenes understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Deschenes meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Minnesota.
Mr. Detwiler, 66, has had ITDM since 2013. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Detwiler understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Detwiler meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Pennsylvania.
Mr. Diller, 53, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Diller understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Diller meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.
Mr. Ellis, 23, has had ITDM since 2003. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Ellis understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Ellis meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Pennsylvania.
Mr. Escobar, 61, has had ITDM since 2013. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the
Mr. Gilkerson, 28, has had ITDM since 2012. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Gilkerson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gilkerson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Ohio.
Mr. Gogno, 55, has had ITDM since 2013. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Gogno understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gogno meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.
Mr. Hashem, 58, has had ITDM since 2013. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Hashem understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hashem meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Massachusetts.
Mr. Hauck, 61, has had ITDM since 2014. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Hauck understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hauck meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Louisiana.
Mr. Igambi, 35, has had ITDM since 1995. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Igambi understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Igambi meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from Texas.
Mr. Jinright, 57, has had ITDM since 1974. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Jinright understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Jinright meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Alabama.
Mr. Kauffman, 55, has had ITDM since 1994. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Kauffman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Kauffman meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Pennsylvania.
Mr. Kemp, 46, has had ITDM since 2014. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Kemp understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Kemp meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that
Mr. Lopez, 63, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Lopez understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lopez meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Texas.
Mr. Montano, 53, has had ITDM since 2014. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Montano understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Montano meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from New York.
Mr. Parent, 51, has had ITDM since 1995. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Parent understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Parent meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Delaware.
Mr. Payne, 54, has had ITDM since 2010. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Payne understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Payne meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from Maryland.
Mr. Perry, 50, has had ITDM since 2007. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Perry understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Perry meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class C CDL from Oregon.
Mr. Seals, 35, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Seals understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Seals meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Mississippi.
Mr. Sienkiewicz, 66, has had ITDM since 2013. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Sienkiewicz understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sienkiewicz meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a CDL from Michigan.
Mr. Sines, 58, has had ITDM since 2014. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Sines understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sines meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Oregon.
Mr. Spencer, 45, has had ITDM since 1987. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in
Mr. Sweeney, 59, has had ITDM since 2015. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Sweeney understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sweeney meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from New York.
Mr. Unruh, 28, has had ITDM since 1996. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Unruh understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Unruh meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Missouri.
Mr. Vilart, 58, has had ITDM since 1976. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Vilart understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Vilart meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from Washington.
Mr. Wallace, 77, has had ITDM since 2011. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Wallace understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wallace meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Alabama.
Mr. Womack, 30, has had ITDM since 1993. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Womack understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Womack meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from North Carolina.
Mr. Yoder, 30, has had ITDM since 1995. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Yoder understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Yoder meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Indiana.
Mr. Zimmerman, 22, has had ITDM since 2010. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Zimmerman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Zimmerman meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Pennsylvania.
In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the date section of the notice.
FMCSA notes that section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR 52441).
Section 4129 requires: (1) Elimination of the requirement for 3 years of experience operating CMVs while being treated with insulin; and (2) establishment of a specified minimum period of insulin use to demonstrate stable control of diabetes before being allowed to operate a CMV.
In response to section 4129, FMCSA made immediate revisions to the diabetes exemption program established by the September 3, 2003 notice. FMCSA discontinued use of the 3-year driving experience and fulfilled the requirements of section 4129 while continuing to ensure that operation of CMVs by drivers with ITDM will achieve the requisite level of safety required of all exemptions granted under 49 U.S.C.. 31136 (e).
Section 4129(d) also directed FMCSA to ensure that drivers of CMVs with ITDM are not held to a higher standard than other drivers, with the exception of limited operating, monitoring and medical requirements that are deemed medically necessary.
The FMCSA concluded that all of the operating, monitoring and medical requirements set out in the September 3, 2003 notice, except as modified, were in compliance with section 4129(d). Therefore, all of the requirements set out in the September 3, 2003 notice, except as modified by the notice in the
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 that FMCSA can contact you if there are questions regarding your submission.
To submit your comment online, go to
We will consider all comments and material received during the comment period and may change this proposed rule based on your comments. FMCSA may issue a final rule at any time after the close of the comment period.
To view comments, as well as any documents mentioned in this preamble, To submit your comment online, go to
Federal Motor Carrier Safety Administration (FMCSA), DOT.
Notice of Unified Carrier Registration Plan Board of Directors Meeting.
The meetings will be open to the public at the Saguaro Scottsdale, 4000 North Drinkwater Blvd., Scottsdale, AZ 85251 and via conference call. Those not attending the meetings in person may call 1-877-422-1931, passcode 2855443940, to listen and participate in the meetings.
Open to the public.
The Unified Carrier Registration Plan Board of Directors (the Board) will continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement and to that end, may consider matters properly before the Board.
Mr. Avelino Gutierrez, Chair, Unified Carrier Registration Board of Directors at (505) 827-4565.
National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT).
Denial of petition.
Graco Children's Products, Inc., (Graco) has determined that certain Graco child restraints do not fully comply with paragraph S5.5.2(g)(1)(iii) of Federal Motor Vehicle Safety Standard (FMVSS) No. 213,
For further information on the decision contact Zachary Fraser, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-5754, facsimile (202) 366-5930.
Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Graco submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety.
Notice of receipt of the Graco's petition was published, with a 30-day public comment period, on June 4, 2015 in the
Affected are approximately 31,838 Graco ComfortSport, Graco Classic Ride, and Graco Ready Ride child restraints manufactured between March 1, 2014 and February 28, 2015.
Graco explains that the noncompliance is due to a labeling issue. The labels on the subject child restraints do not contain the instructional statement required by paragraph S5.5.2(g)(1)(iii) of FMVSS No. 213.
Paragraph S5.5.2(g)(1)(iii) of FMVSS No. 213 requires, in pertinent part:
S5.5.2 The information specified in paragraphs (a) through (m) of this section shall be stated in the English language and lettered in letters and numbers that are not smaller than 10 point type. . . .
(g) The statements specified in paragraphs (1) and (2)
(1) A heading as specified in S5.5.2(k)(3)(i), with the statement “WARNING! DEATH or SERIOUS INJURY can occur,” capitalized as written and followed by bulleted statements in the following order . . .
(iii) Follow all instructions on this child restraint and in the written instructions located (insert storage location on the restraint for the manufacturer's installation instruction booklet or sheet).
Graco stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons:
(A) Graco observed that many child seats are sold with their instruction manual placed in an appropriate long-term storage location. Graco believes that in such cases the statement required by paragraph S5.5.2(g)(1)(iii) of FMVSS No. 213 is intended to remind consumers that the child restraint was sold with instructions and to inform them where to find those instructions. Graco believes that, because the subject child restraints are sold with the instruction manual in a plastic pouch on the child restraint's harness strap, the original consumer must initially interact with the instructions in order to properly install the child seat. Therefore, Graco believes the same result intended by the subject label statement is achieved,
(B) In a case of subsequent users, Graco believes the location of a properly stored manual, near the top of the seat back, is readily visible and obvious due to the size, shape and color contrast between the instruction manual and the seat back.
(C) Graco considers the risk that a consumer does not place the instruction manual into the proper storage location to be no different from the risk where that a user does not replace the instructions into the storage location after use.
(D) Graco further notes that installation instructions are also readily available on Graco's Web site or by calling its customer hotline.
For the reasons given above, Graco believes that the described noncompliance of the subject child restraints is inconsequential to motor vehicle safety, and that its petition, to exempt Graco from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted.
The agency does not concur with Graco's contention that the missing statement is inconsequential. Even though the subject child restraints are sold new with the owner's manual in a plastic pouch on the child restraint's harness strap, the original consumer may not necessarily know that the manual has important installation instructions and other safety information. In addition, without the label, the owner is not informed about the existence of a storage location for the instructions. NHTSA required a storage location to better ensure that the manual is stored with the child seat so that the document will be easily available for reference and will be passed on to subsequent owners of the restraint.
Graco also maintains that the risk of the original consumer not placing the instruction manual into the proper storage location to be no different from the risk where a user does not replace the instructions into the storage location after use. We do not agree with this argument. With the required statement, the consumer understands there is a place to store the instruction manual. The statement increases the likelihood that the user will store the manual with the restraint. Without the statement, the consumer is made to find the storage location on his or her own and has to surmise that the manual should be kept there.
The agency is concerned about how subsequent owners could be affected by the missing label. Child safety seats are often used secondhand. Without the label, these owners would not be informed to locate and review the instruction manual for important information. The agency is especially concerned that subsequent owners of the affected child restraints will not even be aware of the existence of an owner's instruction manual, especially if the owner's instruction manual is missing when subsequent owners obtain the child restraint.
Graco further contends that installation instructions are also readily available on Graco's Web site or by calling its customer hotline. The agency believes that omitting the statement directing the user to the instruction manual may result in the original owner forgetting there is a manual and/or subsequent owners not even being aware of the existence of an instruction manual. Thus, the owner would not know to check Graco's Web site or call its customer hotline. With the statement, consumers will be alerted that a manual exists and can contact Graco if the manual is missing.
For the above reasons, the agency disagrees with Graco that the noncompliance is inconsequential to motor vehicle safety because the subject noncompliance can negatively impact the operational safety of the child restraints.
49 U.S.C. 30118, 30120: Delegations of authority at 49 CFR 1.95 and 501.8.
National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT).
Request for public comment on proposed collection of information.
The Department of Transportation (DOT) invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections.
Written comments should be submitted by March 14, 2016.
You may submit comments [identified by Docket No. DOT-NHTSA-2015-0110] through one of the following methods:
•
•
•
Barbara Sauers, (202) 366-0144, Director, Office of Grants Management and Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590.
Under the PRA, before an agency submits a proposed collection of information to OMB for approval, it must first publish a document in the
(i) 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;
(ii) 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;
(iii) How to enhance the quality, utility, and clarity of the information to be collected;
(iv) How to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology,
In compliance with these requirements, NHTSA asks for public comments on the following proposed collection of information:
The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended; 23 U.S.C. 402 and 405; and 49 CFR 1.94 and 1.95.
Internal Revenue Service (IRS), Treasury.
Notice of change of meeting date.
In the
The meeting will be held Thursday, March 3, 2016 and Friday, March 4, 2016.
Kim Vinci at 1-888-912-1227 or 916-974-5086.
Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel's Special Projects Committee will be held Thursday,
Internal Revenue Service (IRS), Treasury.
Notice and request for comments.
The Department of the Treasury, 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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8910, Alternative Motor Vehicle Credit.
Written comments should be received on or before March 14, 2016 to be assured of consideration.
Direct all written comments to Michael Joplin, Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224.
Requests for additional information or copies of the form and instructions should be directed to Allan Hopkins, room 6129, 1111 Constitution Ave. NW., Washington DC 20224, or through the internet, at
The following paragraph applies to all of the collections of information covered by this notice:
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.
Internal Revenue Service (IRS), Treasury.
Notice and request for comments.
The Department of the Treasury, 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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning information collection requirements related to arbitrage restrictions on tax-exempt bonds.
Written comments should be received on or before March 14, 2016 to be assured of consideration.
Direct all written comments to Michael Joplin, Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224.
Requests for additional information or copies of the regulation should be directed to Allan Hopkins, Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the Internet at
The following paragraph applies to all of the collections of information covered by this notice:
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.
Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record.
Comments are invited on: (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 estimate 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 of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.
Internal Revenue Service (IRS), Treasury.
Notice of change of meeting date.
In the
The meeting will be held Thursday, March 3, 2016 and Friday, March 4, 2016.
Otis Simpson at 1-888-912-1227 or 202-317-3332.
Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel's Taxpayer Assistance Center Project Committee will be held Thursday, March 3, 2016, from 8:00 a.m. to 4:30 p.m. Central Time and Friday, March 4, 2016, from 8:00 a.m. until 12:00 p.m. Central Time at the IRS Office, 55 North Robinson Avenue, Oklahoma City, OK 73102. The public is invited to make oral comments or submit written statements for consideration. Due to limited time and structure of meeting, notification of intent to participate must be made with Otis Simpson. For more information please contact Otis Simpson at 1-888-912-1227 or 202-317-3332, or write TAP Office, 1111 Constitution Ave. NW., Room 1509, Washington, DC 20224 or contact us at the Web site:
Internal Revenue Service, Treasury.
Pursuant to section 552a(e)(12) of the Privacy Act of 1974, as amended, and Office of Management and Budget (OMB) Guidelines on the conduct of Matching Programs, notice is hereby given that the Internal Revenue Service (IRS) intends to continue matching computerized data within its systems of records for the purpose of detecting and deterring breaches of security policy by IRS personnel and/or contractors. This notice is intended to comply with the Privacy Act of 1974, 5 U.S.C. 552a, as amended by the Computer Matching and Privacy Protection Act of 1988, Public Law 100-503, and the Computer Matching and Privacy Protection Amendments of 1990, Public Law 101-508, as well as OMB guidelines.
The IRS is continuing its program of reviewing detections of potential violations of security policies to determine whether there has been an actual violation. This review includes matching data from existing IRS systems of records such as:
This review may include using data elements such as:
Comments must be received no later than February 16, 2016. The matching program became effective May 22, 2015, and the renewal will become effective February 23, 2016 unless the IRS receives comments which cause reconsideration of this action.
Comments should be sent to the Office of Privacy, Governmental Liaison and Disclosure, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC 20224. Comments will be available for inspection and copying in the IRS Freedom of Information Reading Room (Room 1621) at the above address. The telephone number for the Reading Room is (202) 622-5164 (not a toll-free number).
David Silverman, Management and Program Analyst, IRS Office of Privacy, Governmental Liaison and Disclosure, (202) 622-5625 (not a toll-free number).
Internal Revenue Service (IRS), Treasury.
Notice of change of meeting date.
In the
The meeting will be held Monday, February 29, 2016 and Tuesday, March 1, 2016.
Linda Rivera at 1-888-912-1227 or 202-317-3337.
Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel Toll-Free Phone Line Project Committee will be held Monday, February 29, 2016, from 1:00 p.m. to 4:30 p.m. Central Time and Tuesday, March 1, 2016, from 8:15 a.m. until 4:30 p.m. Central Time at the IRS Office, 55 North Robinson Avenue, Oklahoma City, OK 73102. The public is invited to make oral comments or submit written statements for consideration. Due to limited time and structure of meeting, notification of intent to participate must be made with Marianne Dominguez. For more information please contact Linda Rivera at 1-888-912-1227 or 202-317-3337, or write TAP Office, 1111 Constitution Ave. NW., Room 1509, Washington, DC 20224 or contact us at the Web site:
Internal Revenue Service (IRS) Treasury.
Notice of change of meeting date.
In the
The meeting will be held Monday, February 29, 2016 and Tuesday, March 1, 2016.
Donna Powers at 1-888-912-1227 or 954-423-7977.
Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that a meeting of the Taxpayer Advocacy Panel's Tax Forms and Publications Project Committee will be held Monday, February 29, 2016, from 1:00 p.m. to 4:30 p.m. Mountain time and Tuesday, March 1, 2016, from 8:00 a.m. until 4:30 p.m. Mountain Time at the 5338 Montgomery Blvd. Albuquerque, New Mexico 87109-1338. The public is invited to make oral
Internal Revenue Service (IRS), Treasury.
Notice of change of meeting date.
In the
The meeting will be held Monday, February 29, 2016 and Tuesday, March 1, 2016.
Theresa Singleton at 1-888-912-1227 or 202-317-3329.
Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that a meeting of the Taxpayer Advocacy Panel Notices and Correspondence Project Committee will be held Monday, February 29, 2016, from 1:00 p.m. to 4:30 p.m. and Tuesday, March 1, 2016, from 8:00 a.m. until 4:30 p.m. Eastern Time at the Charles Bennett Federal Building, 400 West Bay Street, Jacksonville, FL 32202. The public is invited to make oral comments or submit written statements for consideration. Due to limited time and structure of meeting, notification of intent to participate must be made with Theresa Singleton. For more information please contact Theresa Singleton at 1-888-912-1227 or 202-317-3329, or write TAP Office, 1111 Constitution Ave. NW., Room 1509, Washington, DC 20224 or contact us at the Web site:
Internal Revenue Service (IRS), Treasury.
Notice of change of meeting date.
In the
The meeting will be held Wednesday, March 30, 2016.
Kim Vinci at 1-888-912-1227 or 916-974-5086.
Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel Joint Committee will be held Wednesday, March 30, 2016, at 1:00 p.m. Eastern Time via teleconference. The public is invited to make oral comments or submit written statements for consideration. For more information please contact: Kim Vinci at 1-888-912-1227 or 916-974-5086, TAP Office, 4330 Watt Ave, Sacramento, CA 95821, or contact us at the Web site:
The agenda will include various committee issues for submission to the IRS and other TAP related topics. Public input is welcomed.
Internal Revenue Service (IRS), Treasury.
Notice and request for comments.
The Department of the Treasury, 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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 4136, Credit for Federal Tax Paid on Fuels.
Written comments should be received on or before March 14, 2016 to be assured of consideration.
Direct all written comments to Michael Joplin, Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224.
Requests for additional information or copies of the form and instructions should be directed to R. Joseph Durbala at Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or at (202) 317-5746, or through the Internet at
The following paragraph applies to all of the collections of information covered by this notice:
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.
Internal Revenue Service (IRS) Treasury.
Notice of Change of Meeting Date.
In the
The meeting will be held Thursday, March 3, 2016 and Friday, March 4, 2016.
Antoinette Ross at 1-888-912-1227 or 202-317-4110.
Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel's Taxpayer Communications Project Committee will be held Thursday, March 3, 2016, from 8:00 a.m. to 4:30 p.m. Eastern Time and Friday, March 4, 2016, from 8:00 a.m. until 12:00 p.m. Eastern Time at the Charles Bennett Federal Building, 400 West Bay Street, Jacksonville, FL 32202. The public is invited to make oral comments or submit written statements for consideration. Due to limited time and structure of meeting, notification of intent to participate must be made with Antoinette Ross. For more information please contact Antoinette Ross at 1-888-912-1227 or 202-317-4110, or write TAP Office, 1111 Constitution Ave. NW., Room 1509, Washington, DC 20224 or contact us at the Web site:
Internal Revenue Service (IRS), Treasury.
Notice and request for comments.
The Department of the Treasury, 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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 5316, Application for Group or Pooled Trust Ruling.
Written comments should be received on or before March 14, 2016 to be assured of consideration.
Direct all written comments to Michael Joplin, Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224.
Requests for additional information or copies of the form and instructions should be directed to Allan Hopkins, at Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the Internet, at
The following paragraph applies to all of the collections of information covered by this notice:
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.
(1) The application of duty-free treatment for all AGOA-eligible goods in the agricultural sector from South Africa is suspended for purposes of section 506A of the 1974 Act, effective on March 15, 2016.
(2) In order to reflect in the HTS that beginning on March 15, 2016, the application of duty-free treatment for all AGOA-eligible goods in the agricultural sector from South Africa shall be suspended, the HTS is modified as set forth in the Annex to this proclamation.
(3) Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency.
Environmental Protection Agency (EPA).
Proposed rule.
The Environmental Protection Agency (EPA) is proposing to take action pursuant to section 110 of the Clean Air Act (CAA or Act) on State Implementation Plan (SIP) revisions submitted by the State of Utah on June 4, 2015, and October 20, 2015 to implement the regional haze program. The State's SIP revisions establish an alternative to best available retrofit technology (BART) controls that would otherwise be required to control nitrogen oxides (NO
The public hearing will be held at the Salt Lake City Public Library, Main Library, 210 East 400 South, Salt Lake City, Utah 84111.
Submit your comments, identified by Docket ID No. EPA-R08-OAR-2015-0463, to the Federal eRulemaking Portal:
Gail Fallon, Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado, 80202-1129, (303) 312-6281,
The public hearing will provide interested parties the opportunity to present data, views, or arguments concerning the proposed action. The EPA may ask clarifying questions during the oral presentations, but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral comments and supporting information presented at the public hearing. The hearing officer may limit the time available for each commenter to address the proposal to 5 minutes or less if the hearing officer determines it to be appropriate. The limitation is to ensure that everyone who wants to make a comment has the opportunity to do so. We will not be providing equipment for commenters to show overhead slides or make computerized slide presentations. Any person may provide written or oral
1.
2.
• Identify the rulemaking by docket number and other identifying information (subject heading,
• Follow directions and organize your comments;
• Explain why you agree or disagree;
• Suggest alternatives and substitute language for your requested changes;
• Describe any assumptions and provide any technical information and/or data that you used;
• If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced;
• Provide specific examples to illustrate your concerns, and suggest alternatives;
• Explain your views as clearly as possible, avoiding the use of profanity or personal threats; and
• Make sure to submit your comments by the comment period deadline identified.
The State of Utah submitted SIP revisions on June 4, 2015, and October 20, 2015, to fulfill the CAA requirement to meet the requirements for the Best Available Retrofit Technology (BART) in the Regional Haze Rule (RHR) for the pollutants NO
The State's SIP contains a NO
Deciding whether to approve the State SIP entails an evaluation of Utah's SIP revision with respect to three elements in the RHR: (1) “[a] demonstration that the emissions trading program or other alternative measure will achieve greater reasonable progress than would have resulted from the installation and operation of BART at all sources subject to BART in the State and covered by the alternative program”;
For the first element, the determination that the alternative measure will achieve greater reasonable progress than BART, the State must provide the following: (1) A list of all BART-eligible sources within the State; (2) a list of all BART-eligible sources and all BART source categories covered by the alternative program; (3) an analysis of BART and associated emission reductions; (4) an analysis of the projected emission reductions achievable through the BART alternative; and (5) a determination that the alternative achieves greater reasonable progress than would be achievable through the installation and operation of BART. A State has several options for making the greater reasonable progress determination;
EPA's evaluation of the BART Alternative therefore entails consideration of both of the State's analyses. As described in our 2006 revisions to the RHR, concerning BART alternatives, “[t]he State's discretion in this area is subject to the condition that it must be reasonably exercised and that its decisions be supported by adequate documentation of its analyses.”
Given the complexities in evaluating these co-proposals, EPA wants to ensure that our final decision is based on the best and most currently available data and information, and is taken with the fullest possible consideration of public input. Therefore, in addition to seeking comments on the co-proposals, we are
The Agency will take the comments and testimony received, as well as any further SIP revisions received from the State prior to our final action, into consideration in our final promulgation. As noted above, additional information and comments may lead the Agency to adopt final SIP and/or FIP regulations that differ somewhat from the co-proposals presented here regarding the BART Alternative, BART control technology option or emission limits, or impact other proposed regulatory provisions. EPA's final action will fully consider these complex issues and the comments received, which will result in the selection of a final action that meets the CAA and regulatory requirements requiring development and implementation of plans to ensure reasonable progress toward improving visibility in mandatory Class I areas by reducing emissions that cause or contribute to regional haze.
As explained more fully later, we are proposing to approve these aspects of the State's June 4, 2015 SIP submittal:
• NO
• BART determinations and emission limits for PM
• Monitoring, recordkeeping, and reporting requirements for units subject to the BART Alternative and the PM
We are proposing to approve these elements of the State's October 20, 2015 SIP submittal:
• Enforceable commitments to revise SIP section XX.D.3.c and state rule R307-150 by March 2018 to clarify emission inventory requirements for tracking compliance with the SO
We are proposing to approve these elements of the State's SIP submittals:
• BART determinations and emission limits for PM
• Monitoring, recordkeeping, and reporting requirements for units subject to the PM
We are proposing to disapprove these aspects of the State's June 4, 2015 SIP:
• NO
We are proposing to disapprove the State's October 20, 2015 SIP submittal.
We are proposing promulgation of a FIP to address the deficiencies in the Utah regional haze SIPs that are identified in this notice. The proposed FIP includes the following elements:
• NO
• Monitoring, recordkeeping, and reporting requirements for NO
If we partially disapprove the SIP, and promulgate a FIP, the State may submit a SIP revision to supersede the FIP. If we determine that the SIP revision is approvable, regardless of whether or not its terms match those of our final FIP, we would propose to approve such a SIP revision. If we issue a final FIP, we encourage the State to submit a SIP revision to replace the FIP.
Regional haze is visibility impairment that is produced by numerous sources that are located across a broad geographic area and emit fine particles (PM
Data from the existing visibility monitoring network, the “Interagency Monitoring of Protected Visual Environments” (IMPROVE) monitoring network, show that at the time the regional haze rule was finalized in 1999, visibility impairment caused by air pollution occurred virtually all the time at most national parks and wilderness areas. The average visual range
In section 169A of the 1977 Amendments to the CAA, Congress created a program for protecting visibility in the nation's national parks and wilderness areas. This section of the CAA establishes “as a national goal the prevention of any future, and the remedying of any existing, impairment of visibility in mandatory class I Federal areas which impairment results from manmade air pollution.”
Congress added section 169B to the CAA in 1990 to address regional haze issues. EPA promulgated a rule to address regional haze on July 1, 1999.
Once EPA has found that a state has failed to make a required submission, EPA is required to promulgate a FIP within two years unless the state submits a SIP and the Agency approves it within the two-year period.
Successful implementation of the regional haze program requires long-term regional coordination among states, tribal governments, and various federal agencies. As noted previously, pollution affecting the air quality in Class I areas can be transported over long distances, even hundreds of kilometers. Therefore, to effectively address the problem of visibility impairment in Class I areas, states need to develop strategies in coordination with one another, taking into account the effect of emissions from one jurisdiction on the air quality in another.
Because the pollutants that lead to regional haze can originate from sources located across broad geographic areas, EPA has encouraged the states and tribes across the United States to address visibility impairment from a regional perspective. Five regional planning organizations (RPOs) were created to address regional haze and related issues. The RPOs first evaluated technical information to better understand how their states and tribes impact Class I areas across the country, and then pursued the development of regional strategies to reduce emissions of pollutants that lead to regional haze.
The Western Regional Air Partnership (WRAP) RPO is a collaborative effort of state governments, tribal governments, and various federal agencies established to initiate and coordinate activities associated with the management of regional haze, visibility and other air quality issues in the western United States. WRAP member state governments include: Alaska, Arizona, California, Colorado, Idaho, Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. Tribal members include Campo Band of Kumeyaay Indians, Confederated Salish and Kootenai Tribes, Cortina Indian Rancheria, Hopi Tribe, Hualapai Nation of the Grand Canyon, Native Village of Shungnak, Nez Perce Tribe, Northern Cheyenne Tribe, Pueblo of Acoma, Pueblo of San Felipe, and Shoshone-Bannock Tribes of Fort Hall.
EPA's RHR provides two paths to address regional haze. One is 40 CFR 51.308, requiring states to perform individual point source BART determinations and evaluate the need for other control strategies. These strategies must be shown to make “reasonable progress” in improving visibility in Class I areas inside the state and in neighboring jurisdictions. The other method for addressing regional haze is through 40 CFR 51.309, and is an option for nine states termed the “Transport Region States,” which include: Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, and Wyoming. By meeting the requirements under 40 CFR 51.309, states can be deemed to be making reasonable progress toward the national goal of achieving natural visibility conditions for the 16 Class I areas on the Colorado Plateau.
Section 309 requires participating states to adopt regional haze strategies that are based on recommendations from the Grand Canyon Visibility Transport Commission (GCVTC) for protecting the 16 Class I areas on the Colorado Plateau.
EPA determined that the GCVTC strategies would provide for reasonable progress in mitigating regional haze if supplemented by an annex containing quantitative emission reduction milestones and provisions for a trading program or other alternative measure.
Five western states, including Utah, submitted implementation plans under section 309 in 2003. EPA was challenged by the Center for Energy and Economic Development (CEED) on the validity of the annex provisions. In
The CAA requires each state to develop plans to meet various air quality requirements, including protection of visibility.
Regional haze SIPs must assure reasonable progress towards the national goal of achieving natural visibility conditions in Class I areas. Section 169A of the CAA and EPA's implementing regulations require states to establish long-term strategies for making reasonable progress toward meeting this goal. Implementation plans must also give specific attention to certain stationary sources that were in existence on August 7, 1977, but were not in operation before August 7, 1962, and require these sources, where appropriate, to install BART controls for the purpose of eliminating or reducing visibility impairment. The specific regional haze SIP requirements are discussed in further detail later on.
The RHR establishes the deciview (dv) as the principal metric or unit for expressing visibility.
The dv is used in expressing reasonable progress goals (RPGs, which are interim visibility goals towards meeting the national visibility goal), in defining baseline, current, and natural conditions; and in tracking changes in visibility. The regional haze SIPs must contain measures that ensure “reasonable progress” toward the national goal of preventing and remedying visibility impairment in Class I areas caused by anthropogenic emissions that cause or contribute to regional haze. The national goal is a return to natural conditions,
To track changes in visibility over time at each of the 156 Class I areas covered by the visibility program,
For the first regional haze SIPs that were due by December 17, 2007, “baseline visibility conditions” were the starting points for assessing “current” visibility impairment. Baseline visibility conditions represent the five-year averages of the degree of visibility impairment for the 20 percent least impaired days and the 20 percent most impaired days for each calendar year from 2000 to 2004. Using monitoring data for 2000 through 2004, states are required to calculate the average degree of visibility impairment for each Class I area, based on the average of annual values over the five-year period. The comparison of initial baseline visibility conditions to natural visibility conditions indicates the amount of improvement necessary to attain natural visibility, while the future comparison of baseline conditions to the then current conditions will indicate the
Section 169A of the CAA directs states to evaluate the use of retrofit controls at certain larger, often uncontrolled, older stationary sources in order to address visibility impacts from these sources. Specifically, section 169A(b)(2)(A) of the CAA requires states to revise their SIPs to contain such measures as may be necessary to make reasonable progress towards the natural visibility goal, including a requirement that certain categories of existing major stationary sources
On July 6, 2005, EPA published the “Guidelines for BART Determinations Under the Regional Haze Rule” at appendix Y to 40 CFR part 51 (hereinafter referred to as the “BART Guidelines”) to assist states in determining which of their sources should be subject to the BART requirements and in determining appropriate emission limits for each applicable source.
The process of establishing BART emission limitations can be logically broken down into three steps: First, states identify those sources that meet the definition of “BART-eligible source” set forth in 40 CFR 51.301;
States must address all visibility-impairing pollutants emitted by a source in the BART determination process. The most significant visibility impairing pollutants are SO
Under the BART Guidelines, states may select an exemption threshold value for their BART modeling, below which a BART-eligible source would not be expected to cause or contribute to visibility impairment in any Class I area. The state must document this exemption threshold value in the SIP and must state the basis for its selection of that value. Any source with emissions that model above the threshold value would be subject to a BART determination review. The BART Guidelines acknowledge varying circumstances affecting different Class I areas. States should consider the number of emission sources affecting the Class I areas at issue and the magnitude of the individual sources' impacts. Any exemption threshold set by the state should not be higher than 0.5 dv.
In their SIPs, states must identify the sources that are subject-to-BART and document their BART control determination analyses for such sources. In making their BART determinations, section 169A(g)(2) of the CAA requires that states consider the following factors when evaluating potential control technologies: (1) The costs of compliance; (2) the energy and non-air quality environmental impacts of compliance; (3) any existing pollution control technology in use at the source; (4) the remaining useful life of the source; and (5) the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.
A regional haze SIP must include source-specific BART emission limits and compliance schedules for each source subject-to-BART. Once a state has made its BART determination, the BART controls must be installed and in operation as expeditiously as practicable, but no later than five years after the date of EPA approval of the regional haze SIP.
The CAA requires that SIPs, including the regional haze SIP, contain elements sufficient to ensure emission limits are practically enforceable. CAA section 110(a)(2) requires in part that the monitoring, recordkeeping and reporting (MRR) provisions of states' SIPs must include enforceable emission limitations, control measures, and compliance timeframes. It also requires SIPs to provide for enforcement of these measures, installation, maintenance, and replacement of equipment, emissions monitoring, periodic emissions reports and availability of emissions reports for public inspection.
Accordingly, 40 CFR part 51, subpart K, Source Surveillance, requires the SIP to provide for monitoring the status of compliance with the regulations in it, including “[p]eriodic testing and inspection of stationary sources,”
The RHR requires that states consult with FLMs before adopting and submitting their SIPs.
The following is a summary and basic explanation of the regulations covered under section 51.309 of the RHR that are addressed in this notice.
For each of the 16 Class I areas located on the Colorado Plateau, the SIP must include a projection of the improvement in visibility expressed in deciviews.
Rather than requiring source-specific BART controls as explained previously in section III.C.4, states have the flexibility to adopt an emissions trading program or other alternative program as long as the alternative provides greater reasonable progress than would be achieved by the application of BART pursuant to 40 CFR 51.308(e)(2). Under 40 CFR 51.309, states can satisfy the SO
Pursuant to 40 CFR 51.309(d)(4)(ii) through (iv), states must include requirements in the SIP that allow states to determine whether the milestone has been exceeded. These requirements include documentation of the baseline emission calculation, monitoring, recordkeeping, and reporting of SO
The WRAP, in conjunction with EPA, developed a model for a backstop trading program. In order to ensure consistency between states, states opting to participate in the 309 program needed to adopt rules that are substantively equivalent to the model rules for the backstop trading program to meet the requirements of 40 CFR 51.309(d)(4). The trading program must also be implemented no later than 15 months after the end of the first year that the milestone is exceeded, require that sources hold allowances to cover their emissions, and provide a framework, including financial penalties, to ensure that the 2018 milestone is met.
Pursuant to 40 CFR 51.309(d)(4)(vii), a section 309 SIP must contain any necessary long term strategies and BART requirements for PM and NO
States opting to submit an alternative program must meet requirements under 40 CFR 51.308(e)(2) and (e)(3). These requirements for alternative programs relate to the “better-than-BART” test and fundamental elements of any alternative program.
In order to demonstrate that the alternative program achieves greater reasonable progress than source-specific BART, a state must demonstrate that its SIP meets the requirements in 40 CFR 51.308(e)(2)(i) through (v). States submitting section 309 SIPs or other alternative programs are required to list all BART-eligible sources and categories covered by the alternative program. States are then required to determine which BART-eligible sources are “subject-to-BART.” The SIP must provide an analysis of the best system of continuous emission control technology available and the associated reductions for each source subject-to-BART covered by the alternative program, or what is termed a “BART benchmark.” Where the alternative program has been designed to meet requirements other than BART, states may use simplifying assumptions in establishing a BART benchmark.
Pursuant to 40 CFR 51.308(e)(2)(i)(E), the State must also provide a determination that the alternative program achieves greater reasonable progress than BART under 40 CFR 51.308(e)(3) or otherwise based on the clear weight of evidence. 40 CFR 51.308(e)(3), in turn, provides a specific test for determining whether the alternative achieves greater reasonable progress than BART. If the distribution of emissions for the alternative program is not substantially different than for BART, and the alternative program results in greater emission reductions, then the alternative program may be deemed to achieve greater reasonable progress. If the distribution of emissions is significantly different, the differences in visibility between BART and the alternative program, must be determined by conducting dispersion modeling for each impacted Class I area for the best and worst 20 percent of days. The modeling would demonstrate “greater reasonable progress” if both of the two following criteria are met: (1) Visibility does not decline in any Class I area, and (2) there is overall improvement in visibility when comparing the average differences between BART and the alternative program over all of the affected Class I areas.
Alternately, pursuant to 40 CFR 51.308(e)(2) States may show that the BART alternative achieves greater reasonable progress than the BART benchmark “based on the clear weight of evidence” determinations, which
Finally, in promulgating the final regional haze program requirements and responding to concerns regarding “impermissibly vague” language in § 51.308(e)(3) that would allow a State to “approve alternative measures that are less protective than BART,” we explained that “[t]he State's discretion in this area is subject to the condition that it must be reasonably exercised and that its decisions be supported by adequate documentation of its analyses.”
Under 40 CFR 51.308(e)(2)(iii) and (iv), all emission reductions for the alternative program must take place by 2018, and all the emission reductions resulting from the alternative program must be surplus to those reductions resulting from measures adopted to meet requirements of the CAA as of the baseline date of the SIP. Pursuant to 40 CFR 51.309(e)(2)(v), states have the option of including a provision that the emissions trading program or other alternative measure include a geographic enhancement to the program to address the requirement under 40 CFR 51.302(c) related to BART for reasonably attributable visibility impairment from the pollutants covered under the emissions trading program or other alternative measure.
On May 26, 2011, the Governor of the State of Utah submitted to EPA a Regional Haze SIP under 40 CFR 51.309 of the RHR (“2011 Utah RH SIP”). This submittal included BART determinations for NO
Utah also submitted SIPs on December 12, 2003, August 8, 2004 and September 9, 2008, to meet the requirements of the RHR. These submittals were, for the most part, superseded and replaced by the May 26, 2011 submittal as further explained in the next section discussing our action on these submittals.
On December 14, 2012, EPA partially approved and partially disapproved the 2011 Utah RH SIP.
We also approved two sections of the 2008 Utah RH SIP. Specifically, we approved UAR R307-250—
On November 8, 2011, we separately proposed approval of Section G—Long-Term Strategy for Fire Programs of the May 26, 2011 submittal and finalized our approval of that action on January 18, 2013.
In 2013, conservation groups sued EPA in the U.S. Court of Appeals for the Tenth Circuit on our approval of the SO
On June 4, 2015, the Governor of the State of Utah submitted to EPA a revision to its Regional Haze SIP under 40 CFR 51.309 of the RHR (“June 2015 Utah RH SIP”), specifically to address the requirements under 40 CFR 51.309(d)(4)(vii) pertaining to NO
On October 20, 2015, Utah submitted to EPA an additional revision to its Regional Haze SIP under 40 CFR 51.309 of the RHR (“October 2015 Utah RH SIP”). This SIP includes an enforceable commitment to provide an additional SIP revision by mid-March 2018 to address concerns raised in public comments that the State would be double counting certain emissions reductions under the Utah BART Alternative in respect to milestone reporting for the SO
Sections 110(a)(2) and 110(l) of the CAA require that a state provide reasonable notice and public hearing
Several SIP elements that we previously approved in our December 2012 final rule and upon which we are relying in our current action include the following:
Utah provided two maps in Section XX of its 2011 RH SIP, one showing the locations of the 16 Class I areas on the Colorado Plateau and one showing the locations of the five in Utah (Arches National Park, Bryce Canyon National Park, Canyonlands National Park, Capitol Reef National Park, and Zion National Park).
We determined that the State's SIP satisfies the requirements of 40 CFR 51.309(d)(2) for this element in our December 14, 2012 rulemaking.
Pursuant to 40 CFR 51.308(e)(2)(i)(A), the 2011 Utah RH SIP listed the BART-eligible sources covered by the backstop trading program (see Table 1). The State identified the following BART-eligible sources in Utah: PacifiCorp Hunter Units 1 and 2 and PacifiCorp Huntington Units 1 and 2.
PacifiCorp's Hunter Power Plant (Hunter), is located in Castle Dale, Utah and consists of three electric utility steam generating units. Of the three units, only Units 1 and 2 are subject to BART. Hunter Units 1 and 2 have a nameplate generating capacity of 488.3 MW each.
PacifiCorp's Huntington Power Plant (Huntington), is located in Huntington City, Utah, and consists of two electric utility steam generating units. Huntington Units 1 and 2 have a nameplate generating capacity of 498 MW each.
We determined that the State's SIP satisfies the requirements of 40 CFR 51.309(e)(2)(i)(A) in our December 14, 2012 rulemaking.
Pursuant to 40 CFR 51.308(e)(2)(i)(B), the 2011 Utah RH SIP described the State's source modeling that determined which of the BART-eligible sources within Utah cause or contribute to visibility impairment and are thus subject-to-BART (more information on subject-to-BART sources and modeling can be found in Section XX.D.6 of the 2011 Utah RH SIP and section V.F of our May 16, 2012 proposed rulemaking).
Table 1 shows Utah's BART-eligible sources covered by the 309 SO
We determined that the State's SIP satisfies the requirements of 40 CFR 51.308(e)(2)(i)(B) in our December 14, 2012 rulemaking.
We note that Section XX.D.6 in the June 2015 Utah RH SIP supersedes Section XX.D.6 in the 2011 Utah RH SIP and that some reformatting occurred. As Utah did not make substantive revisions to the SIP provisions addressing BART-eligible sources and subject-to-BART sources, XX.D.6.b and XX.D.6.c, in the 2011 SIP, we are not proposing any additional action on these provisions in this preamble.
Utah's June 2015 RH SIPs include the following SIP provisions:
• Revised R307-110-17, General Requirements: State Implementation Plan. Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits (incorporates by reference most recently amended SIP Section IX, Part H into state rules)
• Revised R307-110-28, General Requirements: State Implementation Plan, Regional Haze (incorporates by reference most recently amended SIP Section XX into state rules)
• Revised SIP Section XX.D.6 Regional Haze. Long-Term Strategy for Stationary Sources. Best Available Retrofit Technology (BART) Assessment for NO
• New SIP Section IX.H.21 General Requirements: Control Measures for Area and Point Sources, Emission Limits and Operating Practices, Regional Haze Requirements
• New SIP Section IX.H.22 Source Specific Emission Limitations: Regional Haze Requirements, Best Available Retrofit Technology.
The June 2015 Utah RH SIP, including the five SIP revisions listed previously, consists of the following three components: (1) a NO
Utah has opted to establish an alternative measure for NO
A summary of the State's estimates of emissions for the Utah BART Alternative and the BART Benchmark is provided in Table 3. EPA developed a summary of the emissions reductions based on Utah's emission estimates and this is presented in Table 4.
Utah indicated that PacifiCorp announced plans to shut down the Carbon Power Plant in 2015 due to the high cost to control mercury to meet the requirements of EPA's Mercury and Air Toxics Standards (MATS).
Utah included a streamlined analysis for PM
PacifiCorp's analysis identified three available technologies: Upgraded ESP and flue gas conditioning (0.040 lb/MMBtu); polishing fabric filter (0.015 lb/MMBtu); and replacement fabric filter (0.015 lb/MMBtu). The 2008 Utah RH SIP and BART determination had required PacifiCorp to install a fabric filter baghouse with a PM
Utah determined that the PM
To address EPA's partial disapproval of the 2011 Utah RH SIP for lack of enforceable measures and monitoring, recordkeeping and reporting requirements for the Utah BART Alternative and the PM
Specifically, under H.21, Utah added a new definition for boiler operating day. Utah noted that state rules R307-107-1 and R307-107-2 (applicability, timing and reporting of breakdowns) apply to sources subject to regional haze requirements under H.22. Utah required that information used to determine compliance shall be recorded for all periods when the source is in operation, and that such records shall be kept for a minimum of five years. Under H.21, Utah specified that emission limitations listed in H.22 shall apply at all times
Under H.21, Utah did not provide for reporting of violations of PM
Under H.22, Utah provided the NO
As discussed previously in background section III.A, a state may opt to implement an alternative measure rather than to require sources subject to BART to install, operate, and maintain BART. Utah has included the following information in its June and October 2015 RH SIPs to address the regulatory criteria for an alternative program:
Pursuant to 40 CFR 51.308(e)(2)(i)(A) and (B), the SIP must include a list of all BART-eligible sources within the State. Utah included a list of BART-eligible sources and noted the following sources are all covered by the alternative program:
Utah provided the same list of BART-eligible sources in the 2011 RH SIP. We determined that the State's SIP satisfies the requirements of 40 CFR 51.309(e)(2)(i)(A) in our December 14, 2012 rulemaking.
Pursuant to 40 CFR 51.308(e)(2)(i)(B), each BART-eligible source in the State must be subject to the requirements of the alternative program or have a federally enforceable emission limitation determined by the State and approved by EPA as meeting BART. In this instance, the alternative program covers all the BART-eligible sources in the state, Hunter Units 1 and 2 and Huntington Units 1 and 2, in addition to three non-BART units, PacifiCorp's Hunter Unit 3 and Carbon Units 1 and 2.
Utah provided the same list of BART sources subject to an alternative program in the 2011 RH SIP. We determined that the State's SIP satisfies the requirements of 40 CFR 51.309(e)(2)(i)(B) in our December 14, 2012 rulemaking.
Pursuant to 40 CFR 51.308(e)(2)(i)(C), the SIP must include an analysis of BART and associated emission reductions at Hunter and Huntington. In the June 2015 Utah RH SIP, the State compared the Utah BART Alternative to a BART Benchmark that included the most stringent NO
Pursuant to 40 CFR 51. 308(e)(2)(D), the SIP must include “[a]n analysis of the projected emissions reductions achievable through the . . . alternative measure.” A summary of the State's estimates of emissions in tons per year (tpy) for the Utah BART Alternative and the BART Benchmark is provided in Table 3. A summary of the emissions reductions based on those emission estimates is presented in Table 4.
Pursuant to 40 CFR 51.308(e)(2)(i)(E), the State must provide a determination under 40 CFR 51.308(e)(3) or otherwise based on the clear weight of evidence that the alternative achieves greater reasonable progress than BART. 40 CFR 51.308(e)(3), in turn, provides two different tests for determining whether the alternative achieves greater reasonable progress than BART.
Utah first used the “greater emission reductions” test in 40 CFR 51.308(e)(3) to support its assertion that the BART Alternative achieves greater reasonable progress. In the June 2015 Utah RH SIP, the State noted that the Hunter, Huntington and Carbon plants are all located within 40 miles of each other in Central Utah. Utah stated that because of the close proximity of the three plants, the distribution of emissions would not be substantially different under the Utah BART Alternative than under BART. With the alternative measure resulting in greater aggregate emission reductions by 2,856 tons/year (tpy) (described in Table 4), Utah asserted that the alternative measure may be deemed to achieve greater reasonable progress than BART under 51.308(e)(3).
Utah also chose to conduct a weight-of-evidence analysis under 51.308(e)(2) based on emissions from the Hunter, Huntington, and Carbon power plants and considered the following evidence:
The emissions of visibility-impairing pollutants from both the Utah BART Alternative and the BART Benchmark, as estimated by the State, are summarized in Table 3. Compared with the Utah BART Benchmark, the State projects that the Utah BART Alternative will result in 5,721 tpy more NO
Utah provided modeling results to assess the improvement in the number of days with significant visibility impairment—that is, the improvement in the number of days with impacts that either cause (> 1.0 dv) or contribute (> 0.5 dv) to visibility impairment. The State presented this information in a number of ways, including: (1) the average number of days per year for three years modeled (2001-2003) with impacts above the cause and contribute thresholds for the nine affected Class I areas under the BART Alternative as compared to under the BART Benchmark; and (2) the total number of days for the three years modeled with impacts above the thresholds for the nine Class I areas under the two scenarios.
On average for the three years modeled, the Utah BART Alternative causes visibility impairment (>1.0 dv) on fewer days than the BART Benchmark (258 days vs. 264 days, for the nine affected Class I areas). Similarly, on average for the three years modeled, the Utah BART Alternative also contributes to visibility impairment (>0.5 dv) on fewer days than the BART Benchmark (441 days vs. 499 days for the nine affected Class I areas). See Tables 5 and 6.
As
Utah
Utah noted that because high nitrate values occur primarily in the winter months, the BART Benchmark achieved greater modeled visibility improvement on certain winter days with high nitrate impacts. Utah stated its position that there is greater uncertainty regarding the effect of NO
As modeled by Utah, which used CALPUFF modeling results, the average annual dv impact is better under the Utah BART Alternative at five of the nine Class I areas, and is better on average across all the Class I areas. The average impact was calculated by averaging all daily modeling results for each year and then calculating a three-year average from the annual average. Utah's information shows that the BART Alternative is better than the BART Benchmark by 0.009 dv on average across all nine Class I areas.
Utah's comparison of the modeled visibility impacts at the 90th percentile (the 110th highest day across three years) dv impact shows that the Utah BART Alternative is better at seven of the nine Class I areas and is better averaged both across three years and across nine Class I areas by 0.006 dv.
Utah provided the schedule for installation of controls as noted in Table 9. Utah discussed that NO
The reductions under the Utah BART Alternative are required under the State SIP by August 2015, as noted in Table 5, providing an early and on-going visibility benefit as compared to BART.
Utah's SIP presents sulfate and nitrate monitoring data at the Canyonlands IMPROVE monitor that shows that “sulfates are the dominant visibility impairing pollutant”
Utah also presents data on the seasonality of park visitation and monitoring data for nitrate and sulfates. The data show that the highest measured nitrate concentrations occur in winter during the period of lowest park visitation, and that sulfates affect visibility throughout the year and are the dominant visibility impairing pollutant from anthropogenic sources during the high visitation period of March through November. Utah concludes that it has greater confidence that reductions in SO
Utah stated that energy and non-air quality environmental impacts are one of the factors listed in CAA section 169A(g)(2) that must be considered when determining BART. The State noted that the Utah BART Alternative would avoid the energy penalty due to operating SCR units. PacifiCorp included the energy penalty in its BART analysis as part of the total cost for installing SCR on each of the units. The energy penalty costs are provided in Table 10.
Utah presented additional non-air quality benefits associated with the closure of the Carbon plant. First, it noted that solid wastes in the form of fly ash from the electrostatic precipitators and bottom ash conveyors which clean the residuals from the two steam generating units (the boilers), would be eliminated. These wastes are currently landfilled. The Carbon plant also runs water through the boilers as well as two cooling towers. This uses water and has associated wastewater discharge. Hauling the ash to the landfill requires additional fuel use and water or chemical dust suppression for minimization of fugitive dust. Finally, for maintenance and emergency purposes, Utah noted that the plant has a number of emergency generators, fire pumps, and ancillary equipment—all of which must be periodically operated, tested and maintained—with associated air emissions, fuel use, painting, and the like. Utah suggests that all of these non-air quality impacts are reduced as the result of closing the Carbon plant.
Utah cited PacifiCorp's comments on the State's proposed SIP revision that the BART Alternative not only produces greater reasonable progress, including lower emissions and improved visibility, but that it does so at a significant capital cost savings to PacifiCorp and its customers as compared to the BART Benchmark. Utah acknowledged that it did not officially determine the cost of installing SCR on the four BART units, but that it believed the cost of installing SCR would be significant. On the other hand, Utah noted that the Carbon Plant has already been closed due to the high cost of complying with the MATS rule. Utah explained that the costs to Utah rate payers (and those in other states served by PacifiCorp) to replace the power generated by the Carbon Plant have already occurred; there will be no additional cost to achieve the co-benefit of visibility improvement. As a result, Utah asserted that the BART Alternative not only achieves better visibility improvements than would be achieved by requiring SCR as BART at the four EGUs, but at a significantly lower cost. The State believed this presents a classic “win/win” scenario—the BART Alternative results in greater reasonable progress that is achieved at a much lower price compared to SCR. The State also noted that cost is one of the factors listed in CAA section 169A(g)(2) that should be considered when determining BART.
Pursuant to 40 CFR 51.308(e)(2)(iii), the State must ensure that all necessary emission reductions take place during the period of the first long-term strategy for regional haze,
As noted previously, the Utah SIP revision incorporates the revisions to R307-110-17, Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits, which includes provisions for implementing the Utah BART Alternative. In addition to the emission limitations for NO
Pursuant to 40 CFR 51.308(e)(2)(iv), the SIP must demonstrate that the emissions reductions resulting from the alternative measure will be surplus to those reductions resulting from measures adopted to meet requirements of the CAA as of the baseline date of the SIP. The baseline date for regional haze SIPs is 2002.
To address potential concerns with double counting SO
For Hunter Unit 3, Utah also explained that PacifiCorp upgraded the LNB controls in 2008 and that the upgrade was not required under the requirements of the CAA as of the 2002 baseline date of the SIP; the emission reductions from the upgrade are therefore considered surplus and creditable for the BART Alternative under 40 CFR 51.308(e)(2)(iv). Utah noted that prior to the 2008 upgrade, the emission rate for Hunter Unit 2 was 0.46 lb/MMBtu heat input for a 30-day rolling average as required by Phase II of the Acid Rain Program.
To address potential concerns that Utah would be double counting SO
The State noted that EPA has historically recognized that, under certain circumstances, issuing full approval may be appropriate for a SIP submission that consists of, in part, an enforceable commitment. Utah explained that its October 2015 submission satisfies EPA's requirements for enforceable commitments because it has adopted such a commitment for what is a small portion of its regional haze program in relation to its regional haze obligations as a whole. In addition, Carbon's 8,005 tpy SO
On the matter of timing, the State has committed to providing the required subsequent SIP submittal by mid-March 2018.
Utah's SIPs do not specifically discuss how it addressed the requirements of 40 CFR 308(i)(2) for providing the FLMs with an opportunity for consultation at least 60 days prior to holding the public hearing for the June 2015 RH SIP. However, we are aware that Utah consulted with the FLMs and explain those efforts here. The State held an initial public comment period for proposed SIP amendments from November 1 through December 22, 2014. The State provided the opportunity for the FLMs to review the preliminary draft SIP documents via email approximately 68 days prior to the public hearing that was held on a December 1, 2014. Copies of the email correspondence documenting this effort are included in the docket.
Utah received a number of comments during the public comment period in late 2014. After reviewing the comments and consulting with EPA, Utah determined additional work was needed to develop a BART alternative measure that would take credit for emission reductions from the Carbon plant shutdown among other things. Utah held an additional public comment period from April 1 through April 30, 2015. One of the FLMs, the National Park Service, provided extensive public comments to Utah during this second public comment period and Utah included responses to these comments, along with responses to other commenters, in the June 2015 RH SIP submittal along with other administrative documentation.
The October 2015 Utah RH SIP was provided for public comment August 15 through September 14, 2015, and we are not aware of any prior FLM consultation on this SIP. The FLMs did not submit comments during this public comment period.
As explained in section II.A, EPA is soliciting comments on two alternative proposals: A proposal to approve the State SIP in its entirety, and a proposal to partially approve and partially
This document is written as two separate proposals in order to clearly present the options and solicit comment on each. EPA intends to finalize only one of these co-proposals; however, we also acknowledge that additional information and comments may also lead the Agency to adopt final SIPand/or FIP regulations that differ somewhat from the co-proposals presented here regarding the BART Alternative, BART control technology option or emission limits, or impact other proposed regulatory provisions.
For the reasons described later on, EPA proposes to approve the two Utah 2015 RH SIP revisions. Our proposed action is based on an evaluation of Utah's regional haze SIP submittals against the regional haze requirements at 40 CFR 51.300-51.309 and CAA sections 169A and 169B. All general SIP requirements contained in CAA section 110, other provisions of the CAA, and our regulations applicable to this action were also evaluated. The purpose of this proposed action is to ensure compliance with these requirements and to provide additional rationale to support our conclusions.
Utah has opted to establish an alternative measure (or program) for NO
• A demonstration that the emissions trading program or other alternative measure will achieve greater reasonable progress than would have resulted from the installation and operation of BART at all sources subject to BART in the State and covered by the alternative program.
• A requirement that all necessary emissions reductions take place during the period of the first long-term strategy for regional haze.
• A demonstration that the emissions reductions resulting from the alternative measure will be surplus to those reductions resulting from measures adopted to meet requirements of the CAA as of the baseline date of the SIP.
As discussed previously in section III.E.1, pursuant to 40 CFR 51.308(e)(2)(i), Utah must demonstrate that the alternative measure will achieve greater reasonable progress than would have resulted from the installation and operation of BART at all sources subject to BART in the State and covered by the alternative program. This demonstration, primarily included in Chapter 1 of the TSD of the Utah RH SIP,
As discussed previously in section IV.A.2, Utah included a list of BART-eligible sources and noted the following sources are all covered by the alternative program:
EPA previously approved Utah's BART eligibility determinations in our 2012 rulemaking.
As discussed previously in section IV.A.3, the Utah BART Alternative covers all the BART-eligible sources in the state, Hunter Units 1 and 2 and Huntington Units 1 and 2, in addition to three non-BART units, PacifiCorp's Hunter Unit 3 and Carbon Units 1 and 2. EPA previously approved Utah's BART eligibility determinations in our 2012 rulemaking.
As noted in section IV.C.3, in the June 2015 Utah RH SIP, the State compared the Utah BART Alternative to a BART Benchmark that included the most stringent NO
We propose to find that Utah has met the requirement for an analysis of BART and associated emission reductions achievable at Hunter and Huntington under 40 CFR 51.308(e)(2)(i)(C).
As discussed previously in section IV.C.4, a summary of Utah's estimates of emissions for the Utah BART Alternative and the BART Benchmark is provided in Table 3. We propose to find that Utah has met the requirement for an analysis of the projected emissions reductions achievable through the alternative measure under 40 CFR 51.308(e)(2)(i)(D).
EPA's evaluation of the State's demonstration based on 40 CFR 51.308(e)(3) is located in section VI.B.2.e.
Although Utah found that the BART Alternative demonstrates greater reasonable progress under 40 CFR 51.308(e)(3), it also chose to conduct a weight-of-evidence analysis under 40 CFR 51.308(e)(2) based on a BART Alternative involving the Hunter, Huntington, and Carbon power plants and considered the following evidence:
The emissions of visibility-impairing pollutants from both the Utah BART Alternative and the BART Benchmark, as estimated by Utah, are summarized in Table 3 in section IV.C.4. Compared with the Utah BART Benchmark, the State projects that the Utah BART Alternative will result in 5,721 tpy more
We propose to concur with Utah's finding that the BART Alternative will achieve greater SO
As discussed previously in section IV.C.5, Utah provided modeling results to assess the improvement in the number of days with significant visibility impairment—that is, the improvement in the number of days with impacts that either cause (>1.0 dv) or contribute (>0.5 dv) to visibility impairment.
The BART Guidelines provide that, when making a BART determination, a State may consider the number of days or hours that a threshold was exceeded.
This metric is useful in assessing the frequency and duration of significant visibility impacts from a source or small group of sources. Therefore, for this reason and because these metrics are supported by our regulations and past practice, we propose to find the State's use of these metrics is appropriate. Moreover, we propose to find the difference in the total number of days impacted—18 fewer days greater than the causation threshold of 1.0 dv (775 days for the BART Alternative vs. 793 days for the BART Benchmark), and 175 fewer days greater than the contribution 0.5 dv threshold (1,323 days for the BART Alternative vs. 1,498 days for the BART Benchmark)—is an indication that the BART Alternative achieves greater reasonable progress.
As discussed previously in section IV.C.5, Utah explained that the only metric it evaluated that showed greater improvement for the BART Benchmark in comparison to the BART Alternative was the 98th percentile metric (when averaged across all Class I areas and meteorological years modeled). Utah's comparison of the modeled visibility impacts on the 98th percentile day (8th highest impacted day in a given meteorological year) for the most impacted year shows that the BART Benchmark would result in greater visibility improvement at five of the nine Class I areas, and is slightly better on average across all nine Class I areas (0.11 dv difference). At the most impacted Class I areas, Canyonlands and Capitol Reef, Utah found that the 98th percentile metric indicates the BART Benchmark has 0.76 dv and 0.57 dv, respectively, more improvement than the BART Alternative. At other Class I areas, Utah found that the 98th percentile metric indicates that the BART Alternative provides greater visibility improvement (for example, 0.44 dv at Flat Tops).
The 98th percentile visibility impact is a key metric recommended by the BART Guidelines
We note that when calculating visibility improvements for individual Class I areas, Utah mixed the impacts from different meteorological years between modeling scenarios (baseline, BART benchmark, and BART Alternative). This may introduce some error as the visibility improvements could be driven by year-to-year variability in meteorological conditions, as opposed to the differences in emission reductions between the BART Alternative and BART Benchmark. For this reason, in addition to considering the State's numbers, EPA also calculated the visibility improvements for each modeling scenario using consistent meteorological years.
As
As discussed previously in section IV.C.5, Utah's comparison of the modeled visibility impacts at the 90th percentile (the 110th highest day across three years) dv impact shows that the Utah BART Alternative is better at seven of the nine Class I areas and is slightly better averaged both across three years and across nine Class I areas (0.006 dv difference). We note that the use of the 90th percentile impacts to evaluate alternatives has not been EPA's practice for source-specific BART determinations; however, as discussed previously for the average dv impact metric, the BART Guidelines allow states to consider other visibility metrics in addition to the 98th percentile. Yet, because of the small difference between the two scenarios (0.006 dv), we propose to find that it only marginally supports a conclusion that the BART Alternative achieves greater reasonable progress.
As discussed previously in section IV.C.5, Utah noted that reductions under the Utah BART Alternative will occur earlier than the BART Benchmark. The reductions under the Utah BART Alternative are required under the State SIP by August 2015, as noted in Table 5, providing an early and on-going visibility benefit as compared to BART. Also notable is that combustion control upgrades at the Hunter and Huntington facilities have been achieving significant NO
Therefore, we note that the reductions from the BART Alternative will occur before the BART Benchmark.
Utah's SIP presents sulfate and nitrate monitoring data at the Canyonlands IMPROVE monitor that show that “sulfates are the dominant visibility impairing pollutant”
Utah also presents data on the seasonality of park visitation and monitoring data for nitrate and sulfates. The data show that the highest measured nitrate concentrations occur in winter during the period of lowest park visitation, and that sulfates affect visibility throughout the year and are the dominant visibility impairing pollutant from anthropogenic sources during the high visitation period of March through November. Utah concludes that it has greater confidence that reductions in SO
We invite comment on the information and conclusions provided by Utah as summarized previously.
We propose to concur with one of the State's findings. We propose to find that visibility benefits associated with NO
We propose to disagree with the State's findings related to park visitation. While the BART Guidelines do mention visitation as something that can inform a control decision,
As discussed previously in section IV.C.5, the State noted that the Utah BART Alternative would avoid an annual energy penalty of approximately $2 million due to operating four SCR units at the Hunter and Huntington plants and presented additional non-air quality benefits associated with the closure of the Carbon plant such as waste reduction and decreased water usage. Because such benefits do not have direct bearing on whether the BART Alternative achieves greater reasonable progress, it is not material to our action whether we agree or disagree with Utah's assessment that they reduce energy and non-air quality impacts.
As discussed previously in section IV.C.5, the State noted that the Utah BART Alternative would achieve greater reasonable progress at lower cost to PacifiCorp than the BART Benchmark. Utah also noted that cost is one of the factors listed in CAA 169A(g)(2) that should be considered when determining BART. While we propose to find that the described cost difference does not have a direct bearing on whether the BART Alternative achieves greater reasonable progress, it is not material to our action whether we agree or disagree with Utah's conclusion that the BART Alternative would have a lower cost impact to PacifiCorp than the BART Benchmark (
In accordance with our regulations governing BART alternatives, we support the use of a weight-of evidence determination as an alternative to the methodology set forth in section 51.308(e)(3).
Regarding the emissions reduction comparison, the Utah BART Alternative will result in 8,005 tpy fewer SO
Regarding the improvement in the number of days with significant visibility impairment, modeling submitted by Utah shows that the Utah BART Alternative will result in improved visibility at all affected Class I areas compared with baseline conditions. The units at issue will have impacts of 1.0 dv or more at the affected Class I areas on 48 fewer days under the Utah BART Alternative as compared to BART. When considering impacts of 0.5 dv or more, the units at issue will impact the affected Class I areas on 154 fewer days under the BART Alternative as compared to BART.
Regarding the IMPROVE visibility monitoring data, we propose to agree with the State's finding that SO
Regarding the timing of emissions reductions, these SO
Regarding other metrics that only marginally support or do not support our proposed approval of Utah's BART Alternative, we propose to find that average annual dv impact and the 90th percentile impact are the two metrics that marginally support a conclusion that the BART Alternative achieves greater reasonable progress.
Regarding the 98th percentile visibility impact, we propose to find this metric does not support our proposed approval of Utah's BART Alternative. While the 98th percentile visibility impact is a key metric that EPA has primarily focused on in prior actions, we propose to conclude that by itself it is not a dispositive metric in weighing a BART Alternative. Nonetheless, as discussed in section VI, we have given considerable weight to this metric in previous actions where we have evaluated BART alternatives as it captures a source's likely greatest visibility impacts at a Class I area; as such, it is a useful comparison point for determining whether one emission control scenario will have a greater impact on visibility improvement than another. In those actions, the 98th percentile visibility impact favored the BART alternative and therefore there was less need to introduce and consider additional evidence to determine
Regarding the 90th percentile visibility impact, we propose to find that consideration of this metric is appropriate in assessing the weight of evidence associated with a BART alternative. Visibility at a Class I area changes from day to day, and each emission control scenario would result in visibility improvements at the affected Class I areas that would differ from one day to another. The metrics related to the number of days with impacts greater than 0.5 dv and 1.0 dv are examples of the type of additional information that allows for consideration of the frequency and duration of visibility impacts. Similarly, the use of the 90th percentile impact metric allows for the comparison of BART and a BART alternative at a different point in the range of impacts. This can be useful, given the varying impacts of different pollutants under different meteorological conditions. The information provided by Utah for the 90th percentile shows that the BART Alternative is better at seven of the nine Class I areas for this metric, by amounts ranging from 0.019 to 0.140 dv, and is better when taking into account the impacts averaged both across three years and across nine Class I areas, but only by 0.006 dv. These values marginally support our proposed approval of Utah's BART Alternative as better than BART. We invite comment on this proposed assessment of how the 90th percentile metric should be considered in the weight of evidence determination. We also invite interested parties to submit additional information on how the impacts of the BART Alternative under various conditions compare to the impacts of the presumed BART scenario, because while the 90th percentile impact provides additional insight, it is not uniquely informative.
Regarding the energy and non-air quality impacts, as well as cost, we propose to find these metrics do not have direct bearing on whether the Utah BART Alternative achieves greater reasonable progress than the BART Benchmark; and therefore, we have not taken them into consideration.
Consistent with EPA's regulations governing BART alternatives,
As discussed previously in section IV.C.6, pursuant to 40 CFR 51.308(e)(2)(iii), the State must ensure that all necessary emission reductions take place during the period of the first long-term strategy for regional haze,
As noted previously, the Utah SIP revision incorporates the revisions to R307-110-17, Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits, which includes provisions for implementing the Utah BART Alternative. In addition to the emission limitations for NO
As discussed previously in section IV.C.7, pursuant to 40 CFR 51.308(e)(2)(iv), the SIP must demonstrate that the emissions reductions resulting from the alternative measure will be surplus to those reductions resulting from measures adopted to meet requirements of the CAA as of the baseline date of the SIP. The baseline date for regional haze SIPs is 2002.
Furthermore, the State's SIP explains that the WRAP modeling that was done to support the Utah RH SIP included regional SO
The State's SIP also includes SO
As discussed previously in section IV.D, Utah submitted enforceable commitments in its October 20, 2015 SIP to address potential concerns that the State would be double counting SO
EPA has historically recognized that under certain circumstances, it is appropriate to approve a SIP submission that consists, in part, of an enforceable commitment. Once EPA determines that circumstances warrant consideration of an enforceable commitment to meet section 110(a)(2)(A) of the Act (and other applicable sections as relevant), EPA applies three factors to determine whether to approve the enforceable commitment: (1) Whether the commitment addresses a limited portion
First, Utah's revisions address a limited portion of the statutorily-required program. The Air Quality Board adopted revisions to SIP Section XX, Regional Haze, and added a new subsection N, “Enforceable Commitments for the Utah Regional Haze SIP” that resolves specific identified issues. In this provision of the SIP, “[t]he State commits to resolving this double counting issue by revising the Utah 309 plan to specifically state that the 8,005 tons of SO
The SIP indicates the Board is capable of fulfilling these commitments by explaining that “[a]ll required amendments to this SIP will be done through the State's SIP adoption process”
The SIP commits to resolve the identified issues (“SIP Section XX.D.3.c and [the State's rule] R307-150 will be revised . . .”
We also propose to concur that Carbon's 8,005 tpy of SO
Based on these considerations, we propose to approve the enforceable commitment SIP.
Therefore, based on the information presented previously from the State's SIP and enforceable commitment SIP, we propose to concur that the reductions from Carbon are surplus and can be considered as part of an alternative strategy under 40 CFR 51.308(e)(2)(iv).
As discussed previously in section IV.B.2, Utah determined that the PM
EPA has reviewed Utah's PM
Utah's regulatory text provides, “[e]missions of particulate (PM) shall not exceed 0.015 lb/MMBtu heat input from each boiler based on a 3-run test average.” It further states that “[s]tack testing for the emission limitation shall be performed each year on each boiler.”
Consistent with these requirements, we propose to interpret Utah's regulatory text as imposing a PM limit of 0.015 lb/MMBtu that applies at all times and does not preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source is in compliance with the limit.
EPA has reviewed Utah's monitoring, recordkeeping and reporting measures in its June 4, 2015 SIP Section IX, Part H for the BART Alternative and the PM
Otherwise, the SIP includes adequate measures that pertain to operation of Hunter and Huntington and the closure of Carbon. EPA previously approved state rule provisions that Utah has also cross referenced in these new regional haze measures, including terms, conditions and definitions in R307-101-1, R307-101-2 and R307-170-4 as well as other continuous emission monitoring system (CEMS) requirements referenced in R307-107. These measures are consistent with similar monitoring, recordkeeping, and reporting requirements that EPA has approved in other states or that we have adopted in federal plans,
If we finalize our proposed approval, the regulatory text contained in our final rule for 40 CFR part 52 subpart TT will be consistent with the relevant provisions of Utah's regional haze submittals for making the emission limits and other requirements enforceable. If EPA finalizes the conditional approval of Utah's PM
As discussed previously in section IV.G, Utah conducted FLM consultation during late 2014, providing over 60 days prior to the December 1, 2014 public hearing. Subsequently, the National Park Service provided extensive comments in response to a second public comment period in April 2015. Based on these considerations, we propose to find that Utah has met the requirements of 40 CFR 308(i)(2).
In this section, we present the second of two alternative proposed actions on which EPA is soliciting comment. As explained previously in sections II.A and V, EPA is soliciting comments on two alternative proposals: a proposal to approve the State SIP in its entirety, and a proposal to partially approve and partially disapprove the State SIP and to issue a FIP. The co-proposals detailed in this section and Section V represent different conclusions regarding Utah's NO
As described in this section, EPA is proposing to partially approve and partially disapprove Utah's June 2015 and October 2015 RH SIP revisions and propose a FIP. Alternatively, as discussed in section V, EPA is co-proposing in the alternative to approve Utah's June 2015 and October 2015 RH SIP revisions.
This document is written as two separate proposals in order to clearly present the options and solicit comment on each. EPA intends to finalize only one of these co-proposals; however, we also acknowledge that additional information and comments may also lead the Agency to adopt final SIP and/or FIP regulations that differ somewhat from the co-proposals presented here regarding the BART Alternative, BART control technology option or emission limits, or impact other proposed regulatory provisions.
For the reasons described later, EPA proposes to partially approve and partially disapprove the two Utah 2015 RH SIP revisions. Our proposed action is based on an evaluation of Utah's regional haze SIP submittals against the regional haze requirements at 40 CFR 51.300-51.309 and CAA sections 169A and 169B, as well as the supplemental information EPA developed, such as EPA's calculations of the visibility improvements for each modeling scenario using consistent meteorological years in evaluating the 98th percentile modeling and referencing the topographical maps in evaluating whether distribution of emissions would be substantially different under the Utah BART Alternative. All general SIP requirements contained in CAA section 110, other provisions of the CAA, and our regulations applicable to this action were also evaluated. The purpose of this action is to ensure compliance with these requirements. As discussed in section V, EPA is also co-proposing to approve the Utah's June 2015 and October 2015 RH SIP revisions.
Utah has opted to establish an alternative measure (or program) for NO
• A demonstration that the emissions trading program or other alternative measure will achieve greater reasonable progress than would have resulted from the installation and operation of BART at all sources subject to BART in the State and covered by the alternative program.
• A requirement that all necessary emissions reductions take place during the period of the first long-term strategy for regional haze.
• A demonstration that the emissions reductions resulting from the alternative measure will be surplus to those reductions resulting from measures adopted to meet requirements of the CAA as of the baseline date of the SIP.
As discussed previously in section III.E.1, pursuant to 40 CFR 51.308(e)(2)(i), Utah must demonstrate that the alternative measure will achieve greater reasonable progress than would have resulted from the installation and operation of BART at all sources subject to BART in the State and covered by the alternative program. This demonstration, primarily included in Chapter 1 of the TSD of the Utah RH SIP,
As discussed previously in section IV.C.1, Utah included a list of BART-eligible sources and noted the following sources are all covered by the alternative program:
• PacifiCorp Hunter, Unit 1,
• PacifiCorp Hunter, Unit 2,
• PacifiCorp, Huntington, Unit 1, and
• PacifiCorp, Huntington, Unit 2.
EPA approved Utah's BART eligibility determinations in our 2012 rulemaking.
As discussed previously in section IV.A.3, the Utah BART Alternative covers all the BART-eligible sources in the state, Hunter Units 1 and 2 and Huntington Units 1 and 2, in addition to three non-BART units, PacifiCorp's Hunter Unit 3 and Carbon Units 1 and 2. EPA previously approved Utah's
As noted previously in section IV.C.3, in the June 2015 Utah RH SIP, Utah compared the Utah BART Alternative to a BART Benchmark which included the most stringent NO
We propose to find that Utah has met the requirement for an analysis of BART and associated emission reductions achievable at Hunter and Huntington under 40 CFR 51.308(e)(2)(i)(C).
d. Analysis of Projected Emissions Reductions Achievable Through the BART Alternative
As discussed previously in section IV.C.4, a summary of Utah's estimates of emissions for the Utah BART Alternative and the BART Benchmark is provided in Table 3. We propose to find that Utah has met the requirement for an analysis of the projected emissions reductions achievable through the alternative measure under 40 CFR 51.308(e)(2)(i)(D).
As discussed previously in section III.E.1, 40 CFR 51.308(e)(3) allows a state to satisfy the final step of the better-than-BART demonstration by showing that that “distribution of emissions is not substantially different than under BART” and that “the alternative measure results in greater emission reductions.” EPA has explained that when the BART alternative “achieves greater emission reductions than each of the individual BART determinations”
The State's demonstration appears to satisfy the first part of the test under 40 CFR 51.308(e)(3) (the distribution of emissions may not be substantially different than under BART) since the Hunter, Huntington and Carbon plants are all located within close proximity of each other in central Utah, as discussed previously in section IV.C.5. EPA's interpretation of the requirement under 40 CFR 51.308(e)(3) that the alternative measure “results in greater emission reductions” has been that the emission reduction comparisons are pollutant specific. We have not looked at a total emissions profile that combines emissions of multiple pollutants to determine whether a BART benchmark or a BART alternative is “better,” except where every visibility impairing pollutant is reduced by a greater amount under the BART alternative.
Utah also chose to conduct a weight-of-evidence analysis under 40 CFR 51.308(e)(2) based on a BART Alternative involving certain units at the Hunter, Huntington, and Carbon power plants, which included the following nine categories of evidence.
The emissions of visibility-impairing pollutants from both the Utah BART Alternative and the BART Benchmark, as estimated by Utah, are summarized in Table 3 in section IV.C.4. Compared with the Utah BART Benchmark, the State projects that the Utah BART Alternative will result in 5,721 tpy more NO
While the total emission reductions under the Utah BART Alternative are less than those under the BART Benchmark, a comparison of emissions of multiple pollutant species of emissions is generally not informative, particularly when the Agency is assessing whether an approach provides for greater reasonable progress towards improving visibility. As explained in section VI.B.e, our interpretation of the language in 40 CFR 51.308(e)(3) (“results in greater emission reductions . . . may be deemed to achieve greater reasonable progress”) has been pollutant specific. EPA has not relied on a total emissions profile that combines emissions of multiple pollutants together to determine that either BART or a BART alternative is “better,” because visibility modeling is the most appropriate method to assess the overall improvements in visibility impacts from control scenarios where reductions of multiple pollutants are considered, except where every visibility impairing pollutant is reduced by a greater amount under the alternative.
As discussed previously in section IV.C.5, Utah provided modeling results to assess the improvement in the number of days with significant visibility impairment—that is, the improvement in the number of days with impacts that either cause (>1.0 dv) or contribute (0.5 dv) to visibility impairment.
The BART Guidelines provide that, when making a BART determination, a State may consider the number of days or hours that a threshold was exceeded.
However, Utah's results for the total number of days with impacts over 1.0 dv on a Class I area-by-area basis are not as clear in supporting the BART Alternative. The modeling results for the total number of days with impacts greater than 1.0 dv show that the BART Alternative would have more days with impacts greater than 1.0 dv at seven of the nine Class I areas, and that only two of the Class I areas, would have fewer days with impacts greater than 1.0 dv compared to the BART Benchmark. Therefore, the Class I area-by-area results do not show that the BART Alternative is better than the BART Benchmark. Similarly, the results for the average number of days with impacts over 1.0 dv show that most of the Class I areas have the same result under both the BART Alternative and Benchmark, or are within one day of having the same result. In this context, a difference of one day is not particularly significant. We therefore propose to find that these results do not show the BART Alternative is better.
Utah's results in applying the number of days with impacts greater than 1.0 dv show the BART Alternative is better “on average” across all nine Class I areas. We agree that use of average visibility impacts could be acceptable as part of assessing the multiple-area impacts and improvements. However, in this case the visibility results for the individual Class I areas do not consistently support or undermine the BART Alternative; there is variation by Class I area. Here, averaging the visibility results has the effect of obscuring the impacts on the individual Class I areas. Additionally, we propose to not the give the difference in days significant weight because by itself it does not indicate whether benefits on those days were large or small. Therefore, while we note that the BART Alternative shows fewer days with impacts greater than 1.0 dv when looking at the average over all nine areas, we propose to find that averaging the number of days with impacts greater than 1.0 dv across all affected Class I areas is not a relevant metric under these circumstances. We therefore further propose to find that this metric does not show the BART Alternative is better.
As discussed previously in section IV.C.5, Utah asserted that the only metric it evaluated that showed greater improvement for the BART Benchmark in comparison to the BART Alternative was the 98th percentile metric when averaged across all Class I areas and meteorological years modeled. Utah's comparison of the modeled visibility impacts on the 98th percentile day (8th highest impacted day in a given meteorological year) for the most impacted year shows that the BART Benchmark would result in greater visibility improvement at five of the nine Class I areas, and is better on average across all nine Class I areas (0.11 dv difference). At the most
The 98th percentile visibility impact is a key metric recommended by the BART Guidelines when selecting BART controls.
We note that when calculating visibility improvements for individual Class I areas, Utah mixed the impacts from different meteorological years between modeling scenarios (baseline, BART benchmark, and BART Alternative). As discussed in section V.B.2.e, the State's use of different meteorological years may introduce some error as the visibility improvements could be driven by year-to-year variability in meteorological conditions, as opposed to the differences in emission reductions between the BART Alternative and BART Benchmark. For this reason, in addition to the information from the State, EPA has also calculated the visibility improvements for each modeling scenario using paired-in-time meteorological and emissions data.
As discussed previously in section IV.C.5, Utah's modeling shows that the average annual dv impact at all Class I areas is better under the Utah BART Alternative at five of the nine Class I areas, and is better on average across all the Class I areas. The average impact was calculated by averaging all daily modeling results for each year and then calculating a three-year average from the annual average. Utah's information shows that the BART Alternative is better than the BART Benchmark by 0.009 dv on average across all nine Class I areas. While EPA has not considered this metric in the past,
As discussed previously in section IV.C.5, Utah's comparison of the modeled visibility impacts at the 90th percentile (the 110th highest day in a year) dv impact shows that the Utah BART Alternative is better at seven of the nine Class I areas and is slightly better averaged both across three years and across nine Class I areas (0.006 dv difference). We note that the use of the 90th percentile impacts to evaluate alternatives has not been EPA's practice for source-specific BART determinations; however, as discussed previously for the average dv impact metric, the BART Guidelines allow states to consider other visibility metrics in addition to the 98th percentile. Yet, because of the small difference between the two scenarios (0.006 dv), we propose to find that it is questionable whether the 90th percentile supports a conclusion that the BART Alternative achieves greater reasonable progress.
As discussed previously in section IV.C.5, assuming the four BART units receive five years to come into compliance, Utah noted that reductions under the Utah BART Alternative will occur earlier than the BART Benchmark. The reductions under the Utah BART Alternative are required under the State SIP by August 2015, as noted in Table 5, and would provide an early and on-going visibility benefit as compared to BART. Also notable is that combustion control upgrades at the Hunter and Huntington facilities have been achieving significant NO
Therefore, we recognize that the reductions from the BART Alternative would occur before the BART Benchmark.
Utah's SIP presents sulfate and nitrate monitoring data at the Canyonlands IMPROVE monitor that show that “sulfates are the dominant visibility impairing pollutant”
Utah also presents data on the seasonality of park visitation and monitoring data for nitrate and sulfates. These data show the highest measured nitrate concentrations occur in winter during the period of lowest park visitation, and that sulfates affect visibility throughout the year and are the dominant visibility impairing pollutant from anthropogenic sources during the high visitation period of March through November. Utah concludes that it has greater confidence that reductions in SO
We propose to concur with one of the State's findings. We propose to find that visibility benefits associated with NO
We propose to disagree with the State's findings related to park visitation. While the BART Guidelines do mention visitation as something that can inform a control decision,
EPA's evaluation of the State's information on energy and non-air quality benefits is located earlier in section V.B.2.e.viii.
EPA's evaluation of the Utah's cost information is located in section V.B.2.e.ix.
In this section we evaluate Utah's SIP under 40 CFR 51.308(e)(2), to determine whether the State met the final step of the better-than-BART analysis “based on the clear weight of evidence that the trading program or other alternative measure achieves greater reasonable progress than would be achieved through the installation and operation of BART at the covered sources.” 40 CFR 51.308(e)(2)(i)(E).
As discussed previously, we evaluated Utah's demonstration and all available information and data presented by the State, as well as additional information and data EPA developed and presented in this notice. We propose to find that this information and data do not meet the requirements of 40 CFR 51.308(e)(2)(i)(E). Specifically, we propose that Utah's demonstration does not show by the “clear weight of evidence” that the BART alternative “measure achieves greater reasonable progress than would be achieved through the installation and operation of BART at the covered sources.” 40 CFR 51.308(e)(2)(i)(E). We have evaluated the relative strengths and weakness of the information and propose to find that the State's analysis and conclusions do not clearly show that the BART Alternative results in greater reasonable progress than the BART Benchmark for the following reasons: (1) The key metric EPA has used in evaluating alternatives (98th percentile) on average across all the Class I areas favors the BART Benchmark by 0.14 dv and not the BART Alternative; (2) the majority of information and data that the State asserts favor the BART Alternative over BART show small differences; (3) the comparison of net emissions reductions across three pollutants, which the State relies on significantly is not appropriate because not all pollutants are reduced under the BART Alternative and each pollutant may have different effects on visibility; and (4) while some information may show the Alternative is better than BART, the information is not adequate to meet the “clear weight of evidence” test.
First, consistent with the Agency's practice, we have considered all information, but have given most weight to the visibility impacts based on air quality modeling.
Second, several metrics that the State suggests favor the BART Alternative over BART show only small improvements as compared to BART. We propose to find that the slight comparative benefits in the annual average impacts are not compelling evidence that the BART Alternative will provide for greater reasonable progress than BART. Additionally, we propose to find that it is questionable whether the 90th percentile supports a conclusion that the BART Alternative will provide for greater reasonable progress than BART.
Third, regarding the energy and non-air quality impacts, as well as cost, for the reasons presented previously, we propose to find that because these metrics do not have a direct bearing on whether the Utah BART Alternative achieves greater reasonable progress, it is not material to our action whether we agree or disagree with Utah's assessment that they reduce energy and non-air quality impact.
As explained previously in this section, in the aggregate the SO
Thus, we propose to find that the BART Alternative does not meet the requirements in the RHR because it does not show the BART Alternative would achieve greater reasonable progress than the BART Benchmark, and therefore, we are proposing to disapprove the resultant BART Alternative SIP.
EPA's evaluation of Utah's information regarding the timing of implementation of controls is located in section V.B.2.g.
EPA's evaluation of Utah's information regarding whether the emission reductions are surplus is located in section V.B.2.h.
As discussed previously in section IV.B.3, Utah's June 2015 RH SIP includes enforceable measures and monitoring, recordkeeping and reporting requirements for the Utah BART Alternative and the State's PM
Concurrently, as described earlier in section V.C, we are proposing to approve the remainder of the monitoring, recordkeeping and reporting requirements associated with Utah's PM
The following explanation details the support for EPA's FIP proposed in conjunction with the proposed partial approval and partial disapproval of Utah's SIP. This FIP constitutes EPA's proposed determination of NO
In determining BART, the state, or EPA if promulgating a FIP, must consider the five statutory factors in section 169A(g)(2) of the CAA: (1) The costs of compliance; (2) the energy and non-air quality environmental impacts of compliance; (3) any existing pollution control technology in use at the source; (4) the remaining useful life of the source; and (5) the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology. See also 40 CFR 51.308(e)(1)(ii)(A). Our evaluation of BART for Hunter and Huntington follows the Guidelines for BART Determinations Under the Regional Haze Rule.
Following the identification of subject-to-BART sources as described in section IV.A.3, the next step of a BART evaluation is to perform the BART analysis. The BART Guidelines describe the BART analysis as consisting of the following five steps:
• Step 1: Identify All Available Retrofit Control Technologies;
• Step 2: Eliminate Technically Infeasible Options;
• Step 3: Evaluate Control Effectiveness of Remaining Control Technologies;
• Step 4: Evaluate Impacts and Document the Results; and
• Step 5: Evaluate Visibility Impacts.
The results of this five step analysis are then used to select BART, taking into consideration the five factors listed earlier.
Immediately following this, we provide background information that is common to our cost of compliance analysis (under Step 4) and visibility impacts analysis (step 5) for all BART sources. This is followed by the five step analysis and proposed selection of BART specific to each BART source.
In accordance with the BART Guidelines, we have estimated the costs of compliance consistent with the EPA Air Pollution Control Cost Manual (CCM).
The BART Guidelines provide that states may use the CALPUFF modeling system or another appropriate model to determine the visibility improvement expected at affected Class I areas from potential BART control technologies. The BART Guidelines also recommend that states develop a modeling protocol for modeling visibility improvement, and suggest that states may want to consult with EPA and their RPO to address any issues prior to modeling. In consultation with EPA, Utah developed a CALPUFF modeling protocol titled “Air Quality Modeling Protocol: Utah Regional Haze State Implementation Plan”, February 13, 2015, to support its BART Alternative analysis (see Chapter 6 of the State's TSD). The Utah protocol follows recommendations for long-range transport described in appendix W to 40 CFR part 51, Guideline on Air Quality Models, and in the federal Interagency Workgroup on Air Quality Modeling (IWAQM) Phase 2 Summary Report and Recommendations for Modeling Long Range Transport Impacts, as recommended by the BART Guidelines (40 CFR part 51, appendix Y, section III.D.5). Utah's protocol also follows Federal Land Managers' Air Quality Related Values Workgroup—Phase I Report (revised 2010). In section VI.B.e, we evaluate the State's modeling approach in consideration of the purpose for which it is intended (
EPA notes that, in considering the visibility improvements reflected in our revised modeling, EPA interprets the BART Guidelines to require consideration of the visibility improvement from BART applied to the entire BART-eligible source. The BART Guidelines explain that, “[i]f the emissions from the list of emissions units at a stationary source exceed a potential to emit of 250 tons per year for any visibility-impairing pollutant, then that collection of emissions units is a BART-eligible source.” In other words, the BART-eligible source (the list of BART emissions units at a source) is the collection of units for which one must make a BART determination. The BART Guidelines state “you must conduct a visibility improvement determination for the source(s) as part of the BART determination.” This requires consideration of the visibility improvement from BART applied to the subject-to-BART source as a whole.
We note, however, that while our regulations require states and EPA to assess visibility improvement on a source-wide basis, they provide flexibility to also consider unit-specific visibility improvement in order to more fully inform the reasonableness of a BART determination, but that does not replace the consideration of visibility benefit from the source (facility) as a whole. In making the BART determinations in this final action we have considered visibility improvements at the source, and then also at the units that comprise the source.
As described previously in section IV.A, Hunter Units 1 and 2 were determined to be subject to BART, while Unit 3 is not subject to BART. Hunter Units 1 and 2 have a nameplate generating capacity of 488.3 MW each.
Our evaluation of BART for Hunter Units 1 and 2 follows the BART Guidelines. For Hunter Units 1 and 2, the BART Guidelines are mandatory because the combined capacity for all three units at the Hunter facility is greater than 750 MW. See 40 CFR 51.302(e)(1)(ii)(B) (“The determination of BART for fossil-fuel fired power plants having a total generating capacity greater than 750 megawatts must be made pursuant to the guidelines in appendix Y of this part”). Under the Guidelines, cost estimates for control technologies should be based on the CCM, where possible.
The BART Guidelines establish presumptive NO
PacifiCorp provided BART analyses for Hunter Unit 1 to Utah in 2012 and 2014 which we utilize in our proposed BART evaluation here.
The Hunter Unit 1 boiler is of tangential-fired design with newer generation low-NO
In its 2012 BART analysis for Hunter Unit 1, PacifiCorp identified several NO
We note that the combustion controls, LNB and SOFA, have already been installed on Hunter Unit 1, and so we consider them here as “any existing controls” under the third statutory BART factor. In addition, the BART Guidelines recognize that “[c]ombinations of inherently lower-emitting processes and add-on controls” are a category of retrofit controls which can be considered.
We have reviewed PacifiCorp's review of NO
In its 2012 BART analysis,
We agree with PacifiCorp's evaluation of technologically available controls for Hunter Unit 1 and propose to adopt it for Step 2.
As noted previously, Hunter Unit 1 is currently achieving an actual annual emission rate of approximately 0.21 lb/MMBtu with LNB and SOFA. This represents a 48.4 percent reduction from the baseline emission rate of 0.40 lb/MMBtu.
The post-combustion control technologies, SNCR and SCR, have been evaluated in combination with combustion controls. That is, the inlet concentration to the post-combustion controls is assumed to be 0.21 lb/MMBtu (annual). This allows the equipment and operating and maintenance costs of the post-combustion controls to be minimized based on the lower inlet NO
Typically, SNCR reduces NO
SCR can achieve performance emission rates as low as 0.04 to 0.07 lb/MMBtu on an annual basis.
A summary of emissions projections for the control options evaluated is provided in Table 13.
Under Step 4, the Guidelines list impact analyses in four parts: costs of compliance, energy impacts, non-air quality environmental impacts, and remaining useful life. For convenience, we combine energy and non-air quality environmental impacts later on.
We obtained capital costs for LNB and SOFA from the 2014 PacifiCorp BART analysis. PacifiCorp did not report any operating and maintenance costs for LNB and SOFA. Similarly, we obtained capital cost estimates for LNB and SOFA with SNCR from the 2014 PacifiCorp BART analysis. However, for operating and maintenance costs we propose to rely on the draft 2015 draft SNCR chapter of the CCM. Refer to the ATP report for details. Capital costs for LNB and SOFA with SCR were also obtained from the 2014 PacifiCorp BART analysis. However, PacifiCorp's capital costs were adjusted to account for items that were double-counted or should not be allowed under the CCM, such as an allowance for funds used during construction (AFUDC).
A summary of our proposed cost estimates for all control options is presented in Table 14.
SNCR slightly reduces the thermal efficiency of a boiler as the reduction reaction uses thermal energy from the boiler, decreasing the energy available for power generation.
For SCR, the thermal efficiency is much more reduced because the new ductwork and the reactor's catalyst layers decrease the flue gas pressure. As a result, additional fan power is necessary to maintain the flue gas flow rate through the ductwork and reactor. Using the CCM, we have calculated the electrical power consumption of SCR to be approximately 18,541,000 kW-hr per year for Hunter Unit 1.
Both SCR and SNCR also require some minimal electricity to service pretreatment and injection equipment, pumps, compressors, and control systems. The energy requirements described earlier are not significant enough to warrant elimination of either SNCR or SCR as BART. In addition, the cost of the additional energy requirements has been included in our cost effectiveness calculations.
SNCR and SCR will slightly increase the quantity of ash that will need to be disposed. In addition, transportation and storage of chemical reagents may result in spills or releases. However, these non-air quality environmental impacts do not warrant elimination of either SNCR or SCR as BART.
There are no additional energy requirements associated with the new LNB and SOFA, and no significant non-air quality environmental impacts.
In summary, we propose to determine that we have adequately considered these impacts by including cost of additional energy in cost effectiveness and assessing non-air quality environmental impacts as insufficient to eliminate or weigh against any of the BART options.
PacifiCorp assumes a remaining useful life of at least 20 years for Hunter Unit 1 in its BART analysis, and has not indicated any intention to retire, or curtail generation from, Hunter Unit 1. Therefore, this factor does not preclude any of the control options considered. In addition, this factor is consistent with our BART calculation of cost effectiveness because annualized costs have been calculated over a 20 year period for each of the control options considered. We propose that this gives adequate consideration to this factor.
Table 15 presents the highest of the 98th percentile visibility improvements at the affected Class I areas for the three meteorological years modeled, 2001 through 2003. Tables 16 and 17 present the number of days (summed across three years) with impacts greater than the contribution and causation thresholds—0.5 dv and 1.0 dv, respectively.
Select BART.
A summary of our impacts analysis for Hunter Unit 1 is presented in Table 18.
In determining what to co-propose as BART, we have taken into consideration all five of the statutory factors required by the CAA: The costs of compliance, the energy and non-air quality environmental impacts of compliance, any existing pollution control technology in use at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology. Later we provide a justification for our selection of BART, including an explanation of how each of the CAA factors was used in that selection.
As described in step 1 before, we have considered the existing pollution control technology in use at the source. We note that Hunter Unit 1 was equipped with LNB and SOFA in the spring of 2014 in order to meet state-law requirements in the 2011 Utah RH SIP submittal, which we did not approve. In this co-proposal we have to evaluate control technologies and baseline emissions from the correct starting point, that is, prior to the installation of the combustion controls pursuant to state-law NO
We have considered the energy and non-air quality environmental impacts of compliance and propose to find that
In order to select BART we propose to consider the costs of compliance and visibility impacts by generally comparing them with BART determinations that have been made elsewhere. In the context of reasonable progress determinations, a comparison with another reasonable progress determination has been upheld by the Ninth Circuit Court of Appeals as a rational explanation for that determination.
Specifically, we propose to compare the average cost-effectiveness, incremental cost-effectiveness, visibility improvement, and incremental visibility improvement for LNB and SOFA with SCR with BART determinations where the EPA and States have based their determination on the same metrics. The most comparable determination appears to be in EPA's final action for Wyoming's regional haze SIP, in which EPA promulgated a FIP for three units at Laramie River Station and determined NO
There are other BART determinations in which SCR has been selected as BART (either alone or in conjunction with LNB and SOFA) based on similar metrics, although those determinations may not have explicitly discussed incremental cost-effectiveness and incremental visibility benefits on a per-unit basis. First, the State of Colorado selected, and the EPA approved, SCR as NO
Another comparable determination can be found in EPA's FIP for Arizona Public Service's Cholla Power Plant, Units 2, 3, and 4, in which EPA determined that NO
Based on these comparisons to Laramie River Station, Hayden Station, Dave Johnston Units 3 and 4, and Cholla Power Plant, we think that selection of LNB and SOFA with SCR as BART for Hunter Unit 1 would be fully consistent with these prior actions. For Hunter
In the case of Hunter, the unit level visibility improvements justify the most stringent level of control, SCR, for each of the two Hunter units. Necessarily, when we consider the source-wide visibility improvements, they will be larger and also justify the most stringent level of control. In addition, the unit level visibility improvements and source-wide visibility improvements (as derived by summing the unit level visibility improvements) at other impacted Class I areas, particularly Arches NP and Capitol Reef NP, support the most stringent level of control. Accordingly, for Hunter Unit 1, we propose to find that BART for NO
Under 40 CFR 51.308(e)(1)(iv), “each source subject to BART [is] required to install and operate BART as expeditiously as practicable, but in no event later than five years after approval of the implementation plan revision.” In light of the considerable effort involved to retrofit SCR, we propose that five years is as expeditiously as practicable. Therefore, we propose a compliance deadline of five years from the date our final FIP becomes effective.
Generally speaking, Hunter Unit 2 is identical to Hunter Unit 1. The Hunter Unit 2 boiler is of tangential-fired design with newer generation low-NO
For the same reasons as for Hunter Unit 1, we propose to adopt the identification of available NO
In its 2012 BART analysis,
As with Hunter Unit 1, we agree with PacifiCorp's evaluation of technologically available controls for Hunter Unit 2 and propose to adopt it for Step 2.
As noted previously, Hunter Unit 2 is currently achieving an actual annual emission rate of approximately 0.20 lb/MMBtu with LNB and SOFA. This represents a 48.2 percent reduction from the baseline emission rate of 0.38 lb/MMBtu.
SCR can achieve performance emission rates as low as 0.04 to 0.07 lb/MMBtu on an annual basis.
As with Hunter Unit 1, we evaluated post-combustion control technologies, SNCR and SCR, in combination with combustion controls. Our evaluation is the same as for Hunter Unit 1. A summary of emissions projections for the control options evaluated is provided in Table 19.
We obtained capital costs for LNB and SOFA from the 2014 PacifiCorp BART analysis. PacifiCorp did not report any operating and maintenance costs for LNB and SOFA. Similarly, we obtained capital cost estimates for LNB and SOFA with SNCR from the 2014 PacifiCorp BART analysis. However, for operating and maintenance costs we propose to rely on the draft 2015 draft SNCR chapter of the CCM. Refer to the ATP report for details. Capital costs for LNB and SOFA with SCR were also obtained from the 2014 PacifiCorp BART analysis. However, PacifiCorp's capital costs were adjusted to account for items that were double-counted or should not be allowed under the CCM, such as AFUDC.
A summary of our proposed cost estimates for all control options is presented in Table 20.
The energy and non-air quality impacts for Hunter Unit 2 are nearly identical to those for Hunter Unit 1 as discussed previously. Accordingly, for the same reasons as for Hunter Unit 1, we propose to determine that we have adequately considered these impacts by including cost of additional energy in cost effectiveness and assessing non-air quality environmental impacts as insufficient to eliminate or weigh against any of the BART options.
PacifiCorp assumes a remaining useful life of at least 20 years for Hunter Unit 2 in its BART analysis, and has not indicated any intention to retire, or curtail generation from, Hunter Unit 2. Therefore, this factor does not preclude any of the control options considered. In addition, this factor is consistent with our BART calculation of cost effectiveness because annualized costs have been calculated over a 20 year period for each of the control options considered. We propose that this gives adequate consideration to this factor.
Table 21 presents the highest of the 98th percentile visibility improvements at the affected Class I areas for the three meteorological years modeled, 2001 through 2003. Tables 22 and 23 present the number of days (summed across three years) with impacts greater than the contribution and causation thresholds—0.5 dv and 1.0 dv, respectively.
Select BART.
A summary of our impacts analysis for Hunter Unit 2 is presented in Table 24.
In determining what to co-propose as BART, we have taken into consideration all five of the statutory factors required by the CAA: The costs of compliance, the energy and non-air quality environmental impacts of compliance, any existing pollution control technology in use at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology. Later on we provide a justification for our selection of BART, including an explanation of how each of the CAA factors was used in that selection.
We have considered the energy and non-air quality environmental impacts of compliance and propose to find that they do not appreciably favor one control option over another, or preclude a particular control option from selection. As explained for Hunter Unit 1, the existing pollution controls have been accounted for in our evaluation of BART, and also would not favor or preclude any of the control options considered. And finally, we have considered the remaining useful life of the source and find that it is sufficiently long (greater than 20 years) so as not to favor or preclude any of the control options. As a result, the remaining factors—the costs of compliance and visibility improvement—are the primary factors that lead us to our proposed BART selection for Hunter Unit 2.
In order to select BART we propose (for the same reasons as for Hunter Unit 1) to weigh the costs of compliance against visibility impacts by generally comparing them with BART determinations that have been made elsewhere. Specifically, we propose to compare the average cost-effectiveness, incremental cost-effectiveness, visibility improvement, and incremental visibility improvement for LNB and SOFA with SCR with BART determinations where the EPA and States have based their determination on the same metrics. The most comparable determinations are the same as for Hunter Unit 1: Laramie River Station, Hayden Station, and Cholla Power Plant.
Based on these comparisons, we think LNB and SOFA with SCR for Hunter 2 is fully consistent with the other BART determinations. LNB and SOFA with SCR is very cost-effective at $2,432/ton, and provides substantial visibility benefits at several Class I areas. For example, the visibility improvement from that control option is 1.250 dv at Canyonlands NP and 1.080 dv at Arches NP. The incremental cost-effectiveness of SCR, $5,558/ton, is by comparison also reasonable. This comparison also shows that costs are justified in light of the substantial visibility benefits, both total and incremental.
In the case of Hunter, the unit level visibility improvements justify the most stringent level of control, SCR, for each of the two Hunter units. Necessarily, when we consider the source-wide visibility improvements, they will be larger and also justify the most stringent level of control. In addition, the unit level visibility improvements and source-wide visibility improvements (as derived by summing the unit level visibility improvements) at other impacted Class I areas, particularly Arches NP and Capitol Reef NP, support the most stringent level of control.
Accordingly, for Hunter Unit 2, we propose to find that BART for NO
Under 40 CFR 51.308(e)(1)(iv), “each source subject to BART [is] required to install and operate BART as expeditiously as practicable, but in no event later than 5 years after approval of the implementation plan revision.” In light of the considerable effort involved to retrofit SCR, we propose that five years is as expeditiously as practicable. Therefore, we propose a compliance deadline of five years from the date our final FIP becomes effective.
As described previously in section IV.A, Huntington Units 1 and 2 were determined to be subject to BART. PacifiCorp's Huntington Power Plant (Huntington), is located in Huntington City, Utah, and consists of a total of the two electric utility steam generating units. Huntington Units 1 and 2 have a nameplate generating capacity of 498 MW each.
Our evaluation of BART for Huntington Unit 1 and 2 follows the
The BART Guidelines establish presumptive NO
PacifiCorp provided BART analyses for Huntington 1 and 2 to Utah in 2012 and 2014 which we utilize in our proposed BART evaluation here.
The Huntington Unit 1 boiler is of tangential-fired design with newer generation low-NO
In its 2012 BART analysis for Huntington Unit 1, PacifiCorp identified several NO
We note that the combustion controls, LNB and SOFA, have already been installed on Huntington Unit 1, and so we consider them here as “any existing controls” under the third statutory factor. In addition, the BART Guidelines recognize that “[c]ombinations of inherently lower-emitting processes and add-on controls” are a category of retrofit controls which can be considered.
We have reviewed PacifiCorp's review of NO
In its 2012 BART analysis,
We agree with PacifiCorp's evaluation of technologically available controls for Huntington Unit 1 and propose to adopt it for Step 2.
As noted previously, Huntington Unit 1 is currently achieving an actual annual emission rate of approximately 0.22 lb/MMBtu with LNB and SOFA. This represents a 41.5 percent reduction from the baseline emission rate of 0.37 lb/MMBtu.
The post-combustion control technologies, SNCR and SCR, have been evaluated in combination with combustion controls. That is, the inlet concentration to the post-combustion controls is assumed to be 0.22 lb/MMBtu (annual). This allows the equipment and operating and maintenance costs of the post-combustion controls to be minimized based on the lower inlet NO
Typically, SNCR reduces NO
SCR can achieve performance emission rates as low as 0.04 to 0.07 lb/MMBtu on an annual basis.
A summary of emissions projections for the control options evaluated is provided in Table 25.
We obtained capital costs for LNB and SOFA from the 2014 PacifiCorp BART analysis. PacifiCorp did not report any operating and maintenance costs for LNB and SOFA. Similarly, we obtained capital cost estimates for LNB and SOFA with SNCR from the 2014 PacifiCorp BART analysis. However, for operating and maintenance costs we propose to rely on the draft 2015 draft SNCR chapter of the CCM. Refer to the ATP report for details. Capital costs for LNB and SOFA with SCR were also obtained from the 2014 PacifiCorp BART analysis. However, PacifiCorp's capital costs were adjusted to account for items that were double-counted or should not be allowed under the CCM, such as AFUDC.
A summary of our proposed cost estimates for all control options is presented in Table 26.
SNCR slightly reduces the thermal efficiency of a boiler as the reduction reaction uses thermal energy from the boiler, decreasing the energy available for power generation.
For SCR, the thermal efficiency is much more reduced because the new ductwork and the reactor's catalyst layers decrease the flue gas pressure. As
Both SCR and SNCR require some minimal electricity to service pretreatment and injection equipment, pumps, compressors, and control systems. The energy requirements described earlier are not significant enough to warrant elimination of either SNCR or SCR as BART. In addition, the cost of the additional energy requirements has been included in our cost effectiveness calculations.
SNCR and SCR will slightly increase the quantity of ash that will need to be disposed. In addition, transportation and storage of chemical reagents may result in spills or releases. However, these non-air quality environmental impacts do not warrant elimination of either SNCR or SCR as BART.
There are no additional energy requirements associated with the new LNB and SOFA, and no significant non-air quality environmental impacts.
In summary, we propose to determine that we have adequately considered these impacts by including cost of additional energy in cost effectiveness and assessing non-air quality environmental impacts as insufficient to eliminate or weigh against any of the BART options.
PacifiCorp assumes a remaining useful life of at least 20 years for Huntington Unit 1 in its BART analysis, and has not indicated any intention to retire, or curtail generation from, Huntington Unit 1. Therefore, this factor does not preclude any of the control options considered. In addition, this factor does not impact our BART calculation of cost effectiveness because annualized costs have been calculated over a 20 year period for each of the control options considered. We propose that this gives adequate consideration to this factor.
Table 27 presents the highest of the 98th percentile visibility improvements at the affected Class I areas for the three meteorological years modeled, 2001 through 2003. Tables 28 and 29 present the number of days (summed across three years) with impacts greater than the contribution and causation thresholds—0.5 dv and 1.0 dv, respectively.
Select BART.
A summary of our impacts analysis for Huntington Unit 1 is presented in Table 30.
In determining what to co-propose as BART, we have taken into consideration all five of the statutory factors required by the CAA: The costs of compliance, the energy and non-air quality environmental impacts of compliance, any existing pollution control technology in use at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology. Later on we provide a justification for our selection of BART, including an explanation of how each of the CAA factors was used in that selection.
As described in step 1 previously, we have considered the existing pollution control technology in use at the source. We note that Huntington Unit 1 was equipped with LNB and SOFA in the fall of 2010 in order to meet state-law requirements in the 2011 Utah RH SIP submittal, which we did not approve. In this co-proposal we have to evaluate control technologies and baseline emissions from the correct starting point, that is, prior to the installation of the combustion controls pursuant to state-law NO
We have considered the energy and non-air quality environmental impacts of compliance and propose to find that they do not appreciably favor one control option over another, or preclude a particular control option from selection. And finally, we have considered the remaining useful life of the source and find that it is sufficiently long (greater than 20 years) so as not to favor or preclude any of the control options. As a result, the remaining factors—the costs of compliance and visibility improvement—are the primary factors that lead us to our proposed BART selection for Huntington Unit 1.
Having already considered the other factors, in order to select BART we propose to weigh the costs of compliance against visibility impacts by generally comparing them with BART determinations that have been made elsewhere. Specifically, we propose to compare the average cost-effectiveness, incremental cost-effectiveness, visibility improvement, and incremental visibility improvement for LNB and SOFA with SCR with BART determinations where the EPA and States have based their determination on the same metrics. The most comparable determinations are the same as for Hunter Unit 1. The most comparable determination appears to be in EPA's final action for Wyoming's regional haze SIP, in which EPA promulgated a FIP for three units at Laramie River Station and determined BART to be LNB and SOFA with SCR for the three units.
There are other BART determinations in which SCR has been selected as BART (either alone or in conjunction with LNB and SOFA) based on similar metrics, although those determinations may not have explicitly discussed incremental cost-effectiveness and incremental visibility benefits on a per-unit basis. First, the State of Colorado selected, and the EPA approved, SCR as NO
Another comparable determination can be found in EPA's FIP for Arizona Public Service's Cholla Power Plant, Units 2, 3, and 4, in which EPA determined that NO
Based on these comparisons, we think LNB and SOFA with SCR is very cost-effective at $2,515/ton, and provides substantial visibility benefits at several Class I areas. For example, the visibility improvement from that control option is 1.488 dv at Arches NP, 1.881 dv at Canyonlands NP, and 1.108 dv at Capitol Reef NP. The incremental cost-effectiveness of SCR, $4,879/ton, is by comparison with the Laramie River Station BART determination also reasonable. This comparison also shows that costs are justified in light of the substantial visibility benefits, both total and incremental.
In the case of Huntington, the unit level visibility improvements justify the most stringent level of control, SCR, for each of the two Huntington units. Necessarily, when we consider the source-wide visibility improvements, they will be larger and also justify the most stringent level of control.
Accordingly, for Huntington Unit 1, we propose to find that BART for NO
Under 40 CFR 51.308(e)(1)(iv), “each source subject to BART [is] required to install and operate BART as expeditiously as practicable, but in no event later than 5 years after approval of the implementation plan revision.” In light of the considerable effort involved to retrofit SCR, we propose that five years is as expeditiously as practicable. Therefore, we propose a compliance deadline of five years from the date our final FIP becomes effective.
Generally, Huntington Unit 2 is identical to Unit 1. The Huntington Unit 2 boiler is of tangential-fired design with newer generation low-NO
For the same reasons as for Huntington Unit 1, we propose to adopt the identification of available NO
In its 2012 BART analysis,
We agree with PacifiCorp's evaluation of technologically available controls for Huntington Unit 2 and propose to adopt it for Step 2.
As noted previously, Huntington Unit 2 is currently achieving an actual annual emission rate of approximately 0.21 lb/MMBtu with LNB and SOFA. This represents a 44.6 percent reduction from the baseline emission rate of 0.39 lb/MMBtu.
The post-combustion control technologies, SNCR and SCR, have been evaluated in combination with combustion controls. That is, the inlet concentration to the post-combustion controls is assumed to be 0.21 lb/MMBtu (annual). This allows the equipment and operating and maintenance costs of the post-combustion controls to be minimized based on the lower inlet NO
Typically, SNCR reduces NO
SCR can achieve performance emission rates as low as 0.04 to 0.07 lb/MMBtu on an annual basis.
A summary of emissions projections for the control options evaluated is provided in Table 31.
We obtained capital costs for LNB and SOFA from the 2014 PacifiCorp BART analysis. PacifiCorp did not report any operating and maintenance costs for LNB and SOFA. Similarly, we obtained capital cost estimates for LNB and SOFA with SNCR from the 2014 PacifiCorp BART analysis. However, for operating and maintenance costs we propose to rely on the draft 2015 draft SNCR chapter of the CCM. Refer to the ATP report for details. Capital costs for LNB and SOFA with SCR were also obtained from the 2014 PacifiCorp BART analysis. However, PacifiCorp's capital costs were adjusted to account for items that were double-counted or should not be allowed under the CCM, such as AFUDC.
A summary of our proposed cost estimates for all control options is presented in Table 32.
The energy and non-air quality impacts for Huntington Unit 2 are nearly identical to those for Huntington Unit 1 as discussed previously. Accordingly, for the same reasons as for Huntington Unit 1, we propose to determine that we have adequately considered these impacts by including cost of additional energy in cost effectiveness and assessing non-air quality environmental impacts as insufficient to eliminate or weigh against any of the BART options.
PacifiCorp assumes a remaining useful life of at least 20 years for Huntington Unit 2 in its BART analysis, and has not indicated any intention to retire, or curtail generation from, Huntington Unit 2. Therefore, this factor does not preclude any of the control options considered. In addition, this factor does not impact our BART calculation of cost effectiveness because annualized costs have been calculated over a 20 year period for each of the control options considered. We propose that this gives adequate consideration to this factor.
Table 33 presents the highest of the 98th percentile visibility improvements at the affected Class I areas for the three meteorological years modeled, 2001 through 2003. Tables 34 and 35 present the number of days (summed across three years) with impacts greater than the contribution and causation thresholds—0.5 dv and 1.0 dv, respectively.
Select BART.
A summary of our impacts analysis for Huntington Unit 2 is presented in Table 36.
In determining what to co-propose as BART, we have taken into consideration all five of the statutory factors required by the CAA: The costs of compliance, the energy and non-air quality environmental impacts of compliance, any existing pollution control technology in use at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology. Later on we provide a justification for our selection of BART, including an explanation of how each of the CAA factors was used in that selection.
We have considered the energy and non-air quality environmental impacts of compliance and propose to find that they do not appreciably favor one control option over another, or preclude a particular control option from selection. The existing pollution controls have been accounted for in our evaluation of BART, and also would not favor or preclude any of the control options considered. And finally, we have considered the remaining useful life of the source and find that it is sufficiently long (greater than 20 years) so as not to favor or preclude any of the control options. As a result, the remaining factors—the costs of compliance and visibility improvement—are the primary factors that lead us to our proposed BART selection for Huntington Unit 2.
In order to select BART we propose to weigh the costs of compliance against visibility impacts by generally comparing them with BART determinations that have been made elsewhere. Specifically, we propose to compare the average cost-effectiveness, incremental cost-effectiveness, visibility improvement, and incremental visibility improvement for LNB and SOFA with SCR with BART determinations where the EPA and States have based their determination on the same metrics. The most comparable determinations are the same as for Huntington Unit 1: The Laramie River Station, Hayden Station, and Cholla Power Plant determinations.
Based on these comparisons, we think LNB and SOFA with SCR is very cost-effective at $2,563/ton, and provides substantial visibility benefits at several Class I areas. For example, the visibility improvement from that control option is 1.316 at Arches NP and 1.657 dv Canyonlands NP. The incremental cost-effectiveness of SCR, $5,326/ton, is by comparison also reasonable. This comparison also shows that costs are justified in light of the substantial visibility benefits, both total and incremental.
In the case of Huntington, the unit level visibility improvements justify the most stringent level of control, SCR, for each of the two Huntington units. Necessarily, when we consider the source-wide visibility improvements, they will be larger and also justify the most stringent level of control. In addition, the unit level visibility improvements and source-wide visibility improvements at other impacted Class I areas, particularly Arches NP and Capitol Reef NP, support the most stringent level of control.
Accordingly, for Huntington Unit 2, we propose to find that BART for NO
Under § 51.308(e)(1)(iv), “each source subject to BART [is] required to install and operate BART as expeditiously as practicable, but in no event later than 5 years after approval of the implementation plan revision.” In light of the considerable effort involved to retrofit SCR, we propose that five years is as expeditiously as practicable. Therefore, we propose a compliance deadline of five years from the date our final FIP becomes effective.
We have explained earlier in section III.C.4 that the CAA and 40 CFR part 51, subpart K require that SIPs, including the regional haze SIP, contain certain elements sufficient to ensure emission limits are practically enforceable. EPA is proposing to disapprove Utah's NO
As discussed earlier in section IV.B.2, Utah determined that the PM
EPA has reviewed Utah's PM
Utah's regulatory text provides, “[e]missions of particulate (PM) shall not exceed 0.015 lb/MMBtu heat input from each boiler based on a 3-run test average.”
Consistent with these requirements, we propose to interpret Utah's regulatory text as imposing a PM
As discussed previously in section IV.G, Utah conducted FLM consultation during late 2014, providing over 60 days prior to the December 1, 2014 public hearing. Subsequently, the National Park Service provided extensive comments in response to a second public comment period in April 2015. Based on these considerations, we propose to find that Utah has met the requirements of 40 CFR 308(i)(2).
EPA is proceeding with co-proposals on Utah's June 3, 2015 and October 20, 2015 regional haze SIP revisions. Later on is a summary of our proposed actions. As noted above, EPA intends to finalize only one proposal, although it may differ from what is presented here based on any comments and additional information we receive.
We are proposing to approve the regional haze SIP revisions submitted by the State of Utah on June 3, 2015 and October 20, 2015:
1. We are proposing to approve these aspects of the State's June 4, 2015, which rely on elements from prior approvals
• NO
• BART determinations and emission limits for PM
• Monitoring, recordkeeping and reporting requirements for units subject to the BART Alternative and the PM
2. We are proposing to approve these elements of the State's October 20, 2015 SIP submittal:
• Enforceable commitments to revise, at a minimum, SIP Section XX.D.3.c and State rule R307-150 by March 2018 to clarify emission inventory requirements for tracking compliance with the SO
1. We are proposing to approve these elements of the State's SIP submittals, which rely on elements from prior approvals:
• BART determinations and emission limits for PM
• Monitoring, recordkeeping, and reporting requirements for units subject to the PM
2. We are proposing to disapprove these aspects of the State's June 4, 2015 SIP:
• NO
• Monitoring, recordkeeping and reporting requirements for units subject to the BART Alternative.
• The enforceable commitments to revise, at a minimum, SIP Section XX.D.3.c and State rule R307-150 by March 2018.
3. We are proposing that if we finalize our co-proposal to disapprove the NO
• NO
• Monitoring, recordkeeping, and reporting requirements applicable to Hunter Units 1 and 2, and Huntington Units 1 and 2.
This action is not a “significant regulatory action” under the terms of Executive Order 12866
This proposed action does not impose an information collection burden under the provisions of the Paperwork Reduction Act (PRA).
The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this proposed rule on small entities, small entity is defined as: (1) A small business as defined by the Small Business Administration's (SBA) regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.
After considering the economic impacts of this proposed rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This rule does not impose any requirements or create impacts on small entities as small entities are not subject to the requirements of this rule. Under the full approval approach in this proposed rule, EPA would approve all elements of the State's submittals as meeting the federal regional haze requirements and therefore EPA's action does not impose any requirements.
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for federal agencies to assess the effects of their regulatory actions on State, local, and Tribal governments and the private sector. Under section 202 of UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for final rules with “Federal mandates” that may result in expenditures to State, local, and Tribal governments, in the aggregate, or to the private sector, of $100 million or more (adjusted for inflation) in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 of UMRA do not apply when they are inconsistent with applicable law. Moreover, section 205 of UMRA allows EPA to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including Tribal governments, it must have developed under section 203 of UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory actions with significant federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements.
Under Title II of UMRA, EPA has determined that this proposed rule does not contain a federal mandate that may result in expenditures that exceed the inflation-adjusted UMRA threshold of $100 million
Executive Order 13132,
This action does not have federalism implications. Neither of the two approaches presented in this proposed rule will have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. Under the full approval approach, this proposed action would merely approve the state SIP as federally enforceable. Under the partial approval approach, this proposed action would merely address the State not fully meeting its
Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments”, requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.”
This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because the environmental health or safety risks addressed by this action do not present a disproportionate risk to children. Note, however, that emissions reductions achieved as a result of this rule, under either proposal, will have a positive benefit on children's health, as they are especially vulnerable to impacts from emissions.
This action is not subject to Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not a significant regulatory action under Executive Order 12866.
Section 12 of the National Technology Transfer and Advancement Act (NTTAA) of 1995 requires Federal agencies to evaluate existing technical standards when developing a new regulation. Section 12(d) of NTTAA, Public Law 104-113, 12(d) (15 U.S.C. 272 note) directs EPA to consider and use “voluntary consensus standards” in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (
This proposed rulemaking does not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards.
Executive Order 12898, establishes federal executive policy on environmental justice.
I certify that the approaches under this proposed rule will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous/tribal populations. The results of this evaluation are available in the docket. Both approaches would result in overall emission reductions for NO
42 U.S.C. 7401
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Sulfur oxides.
For the reasons discussed in the preamble, the Environmental Protection Agency proposes to amend 40 CFR part 52 as follows:
42 U.S.C. 7401
(a)
(i) PacifiCorp Hunter Plant Units 1 and 2; and
(ii) PacifiCorp Huntington Plant Units 1 and 2.
(b)
(1)
(2)
(3)
(4)
(5) The term
(6)
(7)
(8) The
(9)
(c)
(2) These emission limitations shall apply at all times, including startups, shutdowns, emergencies, and malfunctions.
(d)
(e)
(i)
(ii)
(B) An hourly average NO
(C) Data reported to meet the requirements of this section shall not include data substituted using the missing data substitution procedures of subpart D of 40 CFR part 75, nor shall the data have been bias adjusted according to the procedures of 40 CFR part 75.
(f)
(1) All CEMS data, including the date, place, and time of sampling or measurement; parameters sampled or measured; and results.
(2) Records of quality assurance and quality control activities for emissions measuring systems including, but not limited to, any records required by 40 CFR part 75.
(3) Records of all major maintenance activities conducted on emission units, air pollution control equipment, and CEMS.
(4) Any other CEMS records required by 40 CFR part 75.
(g)
(1) The owner/operator of each unit shall submit quarterly excess emissions reports for NO
(2) The owner/operator of each unit shall submit quarterly CEMS performance reports, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments. The owner/operator of each unit shall also submit results of any CEMS performance tests required by 40 CFR part 75.
(3) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, such information shall be stated in the quarterly reports required by paragraphs (g)(1) and (2) of this section.
(h)
(2) The owner/operator shall promptly submit semi-annual progress reports on construction of any such equipment.
(3) The owner/operator shall promptly submit notification of initial startup of any such equipment.
(i)
(j)
Federal Trade Commission (“FTC” or “Commission”).
Final rule.
The Commission issues final amendments to its Rule for Automotive Fuel Ratings, Certification and Posting (“Fuel Rating Rule” or “Rule”) by adopting rating, certification, and labeling requirements for certain ethanol-gasoline blends. The amendments further the Rule's goal of helping purchasers identify the correct fuel for their vehicles.
The amendments published in this document will become effective July 14, 2016. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of July 14, 2016.
Relevant portions of the proceeding, including this document, are available at
R. Michael Waller, (202) 326-2902, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580.
On April 4, 2014, the Commission published a Notice of Proposed Rulemaking (“2014 NPRM”) requesting comments on: (1) New rating, certification, and labeling requirements for gasoline blends with more than 10 percent ethanol (“Ethanol Blends”); and (2) an alternative method to determine the fuel rating of gasoline (“octane rating”).
As explained below, the final amendments require that entities rate and certify all ethanol fuels to provide useful information to consumers about ethanol concentration and suitability for their cars and engines. Responding to the comments, the final amendments provide greater flexibility for businesses to comply with the ethanol labeling requirements, and do not adopt the alternative octane rating method proposed in the 2014 NPRM.
This document first provides background on the Fuel Rating Rule. It then summarizes comments in response to the 2014 NPRM regarding ethanol blend ratings and labeling as well as octane rating testing. Finally, it provides the Commission's analysis and final rule.
The Commission first promulgated the Fuel Rating Rule, 16 CFR part 306 (then titled the “Octane Certification and Posting Rule”), in 1979 pursuant to the Petroleum Marketing Practices Act (“PMPA”), 15 U.S.C. 2801
For covered fuels, the Rule mandates methods for rating and certifying, as well as posting the ratings at the point of sale. For most alternative fuels,
In March 2009, as part of a systematic review of the FTC's rules and guides, the Commission solicited general comments on the Fuel Rating Rule.
In April 2014, the Commission published a second NPRM proposing that ethanol blend labels disclose the exact percentage of ethanol, or a percentage rounded to the nearest multiple of ten.
Many comments received in response to the 2014 NPRM supported the need for new labeling and testing methods.
The 2014 NPRM proposed including E15 in the definition of “Ethanol Blend,” but not requiring retailers to post a separate FTC fuel rating label for EPA E15.
Several commenters, including fuel manufacturers, a state regulator, and an ethanol industry group, urged the FTC to exclude E15 from the definition of Ethanol Blends altogether.
Finally, the Tennessee Department of Agriculture (“TN Dept. Ag.”) and the National Conference of Weights and Measures (“NCWM”) urged the Commission to refer to Ethanol Blends as “Ethanol Flex Fuel Blends” or “Ethanol Flex Fuel.”
Although the 2014 NPRM did not propose an octane rating for Ethanol Blends, eight commenters suggested that the Commission require one to prevent misfueling, ensure fuel quality, or bolster ethanol's competitiveness.
Automotive manufacturing groups argued for an octane rating for Ethanol Flex Fuels of less than 51 percent ethanol: “Consumers have come to expect and have a right to know the octane rating of the fuel offered for sale . . . . The correct octane rating for the vehicle is provided in the vehicle owner's manual and therefore the correlating octane information should be available from the rating on the retail pump.”
Other commenters argued that an octane rating is important for communicating ethanol's benefits. Ethanol proponents Growth Energy and ACE noted that ethanol's high octane rating represents an important advantage for ethanol.
Tesoro and automaker groups argued for certification and display of octane rating to ensure the quality of the gasoline used for Ethanol Flex Fuels.
Commenters disagreed about the proposed fuel pump label for Ethanol Blends. Some supported the Commission's proposal and others urged more detail and precision in the label disclosure, while still others sought less detail and precision. Finally, many commenters argued that there is no label that would be sufficient to prevent misfueling and, therefore, opposed the Commission's proposal.
Commenters, including petroleum retailers and industry groups, auto manufacturing groups, ethanol producer groups, and a state regulator, all supported inclusion of “Use Only in Flex-Fuel Vehicles” on the label.
Ethanol producer groups argued “May Harm Other Engines” is scientifically unsubstantiated and unduly harmful to the ethanol industry.
Conversely, some commenters viewed “May Harm Other Engines” as too weak. Citing concerns such as misfueling, automobile performance, warranty coverage, damage to small engines, and consistency with NCWM's label, the NCWM, gasoline manufacturers and retailers, automobile manufacturers, a regulator, and two individual commenters suggested adding “Check Owner's Manual” or “Consult Vehicle Owner's Manual for Fuel Recommendations.”
AAM/AGA added that “ `May Harm . . .' does not convey the intended absolute prohibition on its use for non-flex-fuel equipment, whereas `Do Not Use . . .' is a clear, simple instruction.”
Finally, some commenters proposed changes to the color of the labels and size of the fonts. For example, AAM/AGA recommended increasing the font sizes of the language on the labels to “ease reading them.”
Three commenters supported the FTC's proposed ethanol percentage label disclosures.
Commenters supporting more precise disclosures argued for 5 percent increments, instead of the 10 percent increments in the proposal. They claimed that the narrower range would allow retailers to use commercially available ethanol blend dispensers without confusing or deceiving consumers.
Most commenters who proposed less precise disclosures
Convenience store groups and fuel marketers also urged less precision, advocating for a single label for Mid-level Blends.
The American Motorcyclist Association (“AMA”) and 72 individual commenters argued that the proposed label would be ineffective. According to AMA, “another label on a blender pump that already has many labels will not be sufficient to avoid misfueling and could be easily overlooked.”
Commenters generally supported allowing infrared spectrophotometry (“IR Testing”) to establish an octane rating, citing reduced production and enforcement costs.
However, even these commenters argued that should the Rule provide for IR Testing, it must identify ASTM D2699 and D2700 as “referee” tests in case of a dispute over the reliability of testing results.
After considering the record, the Commission now issues final Rule amendments regarding the rating, certification, and labeling of ethanol fuels. These amendments include modifications in response to the comments. Specifically, the final amendments: (1) establish specific rating and certification requirements for Ethanol Blends with ethanol content
To establish requirements for rating, certifying, and labeling gasoline-ethanol blends, the 2014 NPRM proposed defining “Ethanol Blends” as “a mixture of gasoline and ethanol containing more than 10 percent ethanol.”
Though some commenters agreed that E15 should be exempt from the Rule's ethanol labeling, they urged the Commission to require an octane rating label for E15. Specifically, they suggested that the Commission include E15 in the Rule's definition of gasoline, which currently includes gasoline-ethanol blends of up to 10 percent ethanol. Doing so would require E15 pumps to have octane rating labels. These ratings, according to automotive manufacturer and dealer groups, state regulators, and ethanol industry groups, would help consumers choose fuels appropriate for their vehicles, bolster ethanol's competitiveness as a high-octane fuel, and ensure that Ethanol Flex Fuels are composed of appropriate quality gasoline.
The Commission has not adopted these suggestions. First, as discussed in the 2010 NPRM and the Commission's 1993 rulemaking, an octane rating likely would not provide useful information to consumers and may deceive them about the suitability of Ethanol Flex Fuels for their vehicles.
Finally, using the term “Ethanol Flex Fuels” is consistent with NCWM's and ASTM's use of “Ethanol Flex Fuels” for ethanol blends up to 83 percent.
The final rule contains amendments related to rating and certification. First, consistent with the 2014 NPRM, the final amendments require an ethanol content rating for all Ethanol Flex Fuels. Previously, the Rule rated ethanol blends with the common name of the fuel and the percentage of the principal component of the fuel (
Second, the Commission adopts the 2014 NPRM proposal to allow transferors to certify fuel content through a letter to the transferee. For most other alternative fuels, a certification letter remains valid if a transferred fuel has the same or a higher concentration of the principal fuel component because an increase in concentration will not trigger label changes. In contrast, an increase or decrease in the concentration for Ethanol Flex Fuels may trigger new disclosures by changing the ethanol concentration of the fuel. For example, if a fuel's ethanol concentration increased from 26 percent to 38 percent, the label, as discussed below, must disclose a higher concentration level. Therefore, a certification letter will only remain valid as long as the transferred fuel contains the same percentage of ethanol as previous fuel transfers covered by the letter. No commenter objected to this proposal.
As explained below, the final amendments adopt the proposed “Use Only in Flex-Fuel Vehicles/May Harm Other Engines” language, but modify the ethanol percentage disclosures proposed in the 2014 NPRM. Specifically, retailers must post labels with exact ethanol concentrations or round to the nearest multiple of 10 for Mid-level Blends. For High-level Blends, however, they may post the exact concentration, round to the nearest multiple of 10, or label the fuel as “51% to 83% Ethanol.”
As proposed in the 2014 NPRM, the final rule requires that ethanol labels disclose “Use Only in Flex-Fuel Vehicles/May Harm Other Engines,” despite objections both that “May Harm Other Engines” is too narrow and that it is overbroad. No commenters opposed the proposed “Use Only in Flex-Fuel Vehicles.”
The Commission reaches the same conclusion as in the 2014 NPRM—objections to the proposed text are unconvincing and not supported by the record.
Second, “May Harm Other Engines” is not confusing. By stating “Use Only In Flex-Fuel Vehicles” and “May Harm Other Engines,” the label clearly and accurately explains: (1) The fuel's suitability for consumers' cars and (2) that misfueling risks harm to non-flex-fuel engines, but not that it will necessarily harm all such engines. Moreover, because the disclosure clearly distinguishes between flex-fuel vehicles and “other” (
Third, the Commission disagrees that the disclosures are unfair because they apply only to ethanol blends. Ethanol blends present a different challenge than other automotive fuels. Specifically, most fuels present consumers with a binary choice (
As courts have repeatedly held, agencies may limit rules to those areas where they have observed a problem.
Fourth, the Commission disagrees with the argument that the disclosures need additional or different language, such as “Warning,” “Check Owner's Manual,” or more information about potential harm from misfueling. The label's orange color and placement on the fuel pump should sufficiently attract consumer's attention, making “Warning” or similar language unnecessary. Moreover, when displayed together, the phrases “Use Only in Flex-Fuel Vehicles” and “May Harm Other Engines” simply and unambiguously inform consumers that they can use ethanol blends in their flex-fuel vehicles and does not require the extra step of consulting an owner's manual.
Finally, as explained in the 2014 NPRM, the disclosures fall squarely within the Commission's statutory authority under the PMPA to prescribe labels disclosing fuel ratings.
The final rule adopts tiered labeling for Ethanol Flex Fuels because this
For Mid-level Blends, the consumer benefits from more precise labels outweigh the burden on retailers. Requiring more precise disclosures provides flexible-fuel vehicle owners with meaningful information about the fuel's suitability for their vehicles without the risk of incorrectly conveying that the fuel has the same fuel economy as gasoline.
In contrast, the consumer benefits from more precise labeling of High-level Blends do not outweigh the increased burden to retailers. Unlike Mid-level Blends, High-level Blends' performance depends on weather conditions. As a result, retailers and producers must change the ethanol concentration in High-level Blends to maintain performance in changing weather conditions and comply with ASTM D5798's standards for vapor pressure.
More precise labeling for High-level Blends, moreover, would have less benefit for consumers because it is unlikely that retailers could market High-Level Blends differentiated by ethanol concentration. According to the TN Dept. of Ag., retailers and producers will market “comparable concentrations of [High-Level Blends] at [their] competing fuel sites in a given market,” in order to comply with ASTM D5798 and their obligations under the Energy Independence and Security Act of 2007 to blend increasing amounts of renewable fuels.
The final amendments generally adopt the size, font, format, and color requirements proposed in the 2014 NPRM, with minor alterations to accommodate the additional characters needed for High-level Blend labels.
Some commenters argued for changes to the proposed label's size, font size, placement on the pump, or color. The proposed label formatting and placement specifications, however, are consistent with those in place for most of the alternative liquid fuels covered by the Rule, and the record does not support inconsistent treatment for ethanol labels. For example, the ethanol industry commented that orange is “associated with danger” and would put the industry at a competitive disadvantage.
Contrary to the 2014 proposal, the Commission does not adopt infrared spectrophotometry as an approved method to test octane rating.
The certification and labeling requirements announced in the final amendments for Ethanol Flex Fuels constitute a “collection of information” under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521 (“PRA”).
Consistent with the Rule's requirements for other alternative fuels, under the final amendments, refiners, producers, importers, distributors, and retailers of Ethanol Flex Fuels must retain, for one year, records of any delivery tickets, letters of certification, or tests upon which they based the automotive fuel ratings that they certify or post.
In 2014, the Commission discussed the estimated recordkeeping and disclosure burdens for entities covered under the Rule and sought comment on the accuracy of those estimates. Commenters have not disputed those estimates. The Commission has updated those estimates to incorporate more recent data for the number of retailers nationwide and labor costs. Below, the Commission discusses those estimates.
The Commission has previously estimated the burden associated with the Rule's recordkeeping requirements for the sale of automotive fuels to be no more than 5 minutes per year (or 1/12th of an hour) per industry member, and no more than 1/8th of an hour per year per industry member for the Rule's
Because the procedures for distributing and selling Mid-Level Ethanol blends are no different from those for other automotive fuels, the Commission expects that, consistent with practices in the fuel industry generally, the covered parties will record the fuel rating certification on documents (
The U.S. Department of Energy (“DOE”) indicates 2,674 ethanol retailers nationwide, and the U.S. Energy Information Administration indicates 195 ethanol fuel production plants.
Estimated labor costs are derived by applying appropriate hourly cost figures to the estimated burden hours described above. Applying an average hourly wage of $11.08 for ethanol retailers,
The Rule does not impose any capital costs for producers, importers, or distributors of ethanol blends. Retailers, however, do incur the cost of procuring and replacing fuel dispenser labels to comply with the Rule. Staff has previously estimated that the price per automotive fuel label is fifty cents and that the average automotive fuel retailer has six dispensers. The Petroleum Marketers Association of American (“PMAA”), however, stated in its comment to the 2010 NPRM that the cost of labels ranges from one to two dollars. Conservatively applying the upper end from PMAA's estimate results in an initial cost to retailers of $12 (6 pumps × $2).
Regarding label replacement, staff has previously estimated a dispenser useful life range of 6 to 10 years. Assuming a useful life of 8 years, the mean of that range, replacement labeling will not be necessary for well beyond the relevant time frame,
The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires an agency to provide a Final Regulatory Flexibility Analysis with the final rule unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities.
The FTC reaffirms its conclusion that the final amendments will not have a significant economic impact on a substantial number of small entities. As explained in Section V above, the Commission expects Ethanol Flex Fuel retailers to spend, at most, 5 minutes per year complying with the recordkeeping requirements and 1/8th of an hour per year complying with the disclosure requirements. As also explained in Section V, staff estimates the mean hourly wage for producers of $29.67, and for retailers of $11.08. Even assuming that all ethanol retailers are small entities, compliance with the recordkeeping requirements will cost producers, individually, an estimated $2.47 ($29.67 × 1/12th of an hour) and cost retailers, individually, an estimated $.92 ($11.08 × 1/12th of an hour). In addition, under the same assumptions, compliance with the disclosure requirements will cost individual retailers an estimated $1.39 ($11.08 × 1/8th of an hour). Finally, as discussed in Section V, the Commission estimates annualized capital costs of $4 per retailer.
This document serves as notice to the Small Business Administration of the agency's certification of no effect. Nonetheless, the Commission has prepared the following analysis.
The Commission adopts these amendments to further the PMPA's objective of giving consumers information necessary to choose the correct fuel for their vehicles. The emergence of Ethanol Flex Fuels as a retail fuel and its likely increased availability necessitate the amendments. These amendments provide requirements for rating, certifying, and labeling Ethanol Flex Fuels (blends of gasoline and more than 10 percent but no greater than 83 percent ethanol) pursuant to PMPA, 15 U.S.C. 2801
Commenters did not raise any specific issues with respect to the regulatory flexibility analysis in the NPRM.
Retailers of ethanol blends will be classified as small businesses if they satisfy the Small Business Administration's relevant size standards, as determined by the Small Business Size Standards component of the North American Industry Classification System (“NAICS”). The closest NAICS size standard relevant to this rulemaking is for “Gasoline Stations with Convenience Stores.” That standard classifies retailers with a maximum $29.5 million in annual receipts as small businesses.
The final amendments make clear that the Fuel Rating Rule's recordkeeping, certification, and labeling requirements apply to Ethanol Flex Fuels. Small entities potentially affected are producers, distributors, and retailers of those fuels. The Commission expects that the recordkeeping, certification, and labeling tasks are done by industry members in the normal course of their business. Accordingly, we do not expect the amendments to require any professional skills beyond those already employed by industry members, namely, administrative.
As explained above, PMPA requires retailers of liquid automotive fuels to post labels at the point of sale displaying those fuels' ratings. The posting requirements in the final amendments are minimal and, as noted above, do not require creating any separate documents because covered parties may use documents already in use to certify a fuel's rating. Moreover, the Commission cannot exempt small businesses from the Rule and still communicate fuel rating information to consumers. Furthermore, the amendments minimize what, if any, economic impact there is from the labeling requirements. Finally, because PMPA requires point-of-sale labels, the Rule must require retailers to incur the costs of posting those labels. Therefore, the Commission concludes that there are no alternative measures that would accomplish the purposes of PMPA and further minimize the burden on small entities.
Consistent with 5 U.S.C. 552(a) and 1 CFR part 51, the Commission is incorporating the specifications of the following standards issued by ASTM International: D4814-15a “Standard Specification for Automotive Spark-Ignition Engine Fuel (published August 2015)” (“ASTM D4814-15a”); ASTM D2699-15a, “Standard Test Method for Research Octane Number of Spark-Ignition Engine Fuel (published November 2015)”; ASTM D2700-14, “Standard Test Method for Motor Octane Number of Spark-Ignition Engine Fuel (published November 2014)”; and ASTM D2885-13, “Standard Test Method for Determination of Octane Number of Spark-Ignition Engine Fuels by On-Line Direct Comparison Technique (published July 2013).”
The terms
These ASTM standards are reasonably available to interested parties. Members of the public can obtain copies of ASTM D4814-15a, ASTM D2699-15a, ASTM D2700-14, and ASTM D2885-13 from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428; telephone: 1-877-909-2786; internet address:
Trade practices, Fuel ratings, Fuel, Gasoline, Incorporation by reference.
For the reasons discussed in the preamble, the Federal Trade Commission amends title 16, Chapter I, Subchapter C, of the Code of Federal Regulations, part 306, as follows:
15 U.S.C. 2801
(b)
(1) ASTM D2699-15a, Standard Test Method for Research Octane Number of Spark-Ignition Engine Fuel, and ASTM D2700-14, Standard Test Method for Motor Octane Number of Spark-Ignition Engine Fuel, (both incorporated by reference, see § 306.13) or
(2) ASTM D2885-13, Standard Test Method for Determination of Octane Number of Spark-Ignition Engine Fuels by On-Line Direct Comparison Technique, (incorporated by reference, see § 306.13).
(i)
(1) Gasoline, an automotive spark-ignition engine fuel, which includes, but is not limited to, gasohol (generally a mixture of approximately 90 percent unleaded gasoline and 10 percent ethanol) and fuels developed to comply with the Clean Air Act, 42 U.S.C. 7401
(2) Alternative liquid automotive fuels, including, but not limited to:
(i) Methanol, denatured ethanol, and other alcohols;
(ii) Mixtures containing 85 percent or more by volume of methanol and/or other alcohols (or such other percentage, as provided by the Secretary of the United States Department of Energy, by rule), with gasoline or other fuels;
(iii) Ethanol flex fuels;
(iv) Liquefied natural gas;
(v) Liquefied petroleum gas;
(vi) Coal-derived liquid fuels;
(vii) Biodiesel;
(viii) Biomass-based diesel;
(ix) Biodiesel blends containing more than 5 percent biodiesel by volume; and
(x) Biomass-based diesel blends containing more than 5 percent biomass-based diesel by volume.
(3) Biodiesel blends and biomass-based diesel blends that contain less than or equal to 5 percent biodiesel by volume and less than or equal to 5 percent biomass-based diesel by volume, and that meet ASTM D975-07b, Standard Specification for Diesel Fuel Oils (incorporated by reference, see § 306.13), are not automotive fuels covered by the requirements of this part.
Note to paragraph (i): Provided, however, that biodiesel blends and biomass-based diesel blends that contain less than or equal to 5 percent biodiesel by volume and less than or equal to 5 percent biomass-based diesel by volume, and that meet ASTM D975-09b, Standard Specification for Diesel Fuel Oils (incorporated by reference, see § 306.13), are not automotive fuels covered by the requirements of this Part.
(j)
(1) For gasoline, the octane rating.
(2) For an alternative liquid automotive fuel other than biodiesel, biomass-based diesel, biodiesel blends, biomass-based diesel blends, and ethanol flex fuels, the commonly used name of the fuel with a disclosure of the amount, expressed as the minimum percentage by volume, of the principal component of the fuel. A disclosure of other components, expressed as the minimum percentage by volume, may be included, if desired.
(3) For biomass-based diesel, biodiesel, biomass-based diesel blends with more than 5 percent biomass-based diesel, and biodiesel blends with more than 5 percent biodiesel, a disclosure of the biomass-based diesel or biodiesel component, expressed as the percentage by volume.
(4) For ethanol flex fuels, a disclosure of the ethanol component, expressed as the percentage by volume and the text “Use Only in Flex-Fuel Vehicles/May Harm Other Engines.”
(l) Biodiesel means the monoalkyl esters of long chain fatty acids derived from plant or animal matter that meet: The registration requirements for fuels and fuel additives under 40 CFR part 79; and the requirements of ASTM D6751-10, Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels, (incorporated by reference, see § 306.13).
(o)
If you are a refiner, importer, or producer, you must determine the automotive fuel rating of all automotive fuel before you transfer it. You can do that yourself or through a testing lab.
(a) To determine the automotive fuel rating of gasoline, add the research octane number and the motor octane number and divide by two, as explained by ASTM D4814-15a, Standard Specifications for Automotive Spark-Ignition Engine Fuel, (incorporated by reference, see § 306.13). To determine the research octane and motor octane numbers, you may do one of the following:
(1) Use ASTM D2699-15a, Standard Test Method for Research Octane Number of Spark-Ignition Engine Fuel (incorporated by reference, see § 306.13), to determine the research octane number, and ASTM D2700-14, Standard Test Method for Motor Octane Number of Spark-Ignition Engine Fuel (incorporated by reference, see § 306.13), to determine the motor octane number; or
(2) Use the test method set forth in ASTM D2885-13, Standard Test Method for Determination of Octane Number of Spark-Ignition Engine Fuels by On-Line Direct Comparison Technique (incorporated by reference, see § 306.13).
(b) To determine automotive fuel ratings for alternative liquid automotive fuels other than ethanol flex fuels, biodiesel blends, and biomass-based diesel blends, you must possess a reasonable basis, consisting of competent and reliable evidence, for the percentage by volume of the principal component of the alternative liquid automotive fuel that you must disclose. In the case of biodiesel blends, you must possess a reasonable basis, consisting of competent and reliable evidence, for the percentage of biodiesel contained in the fuel. In the case of biomass-based diesel blends, you must possess a reasonable basis, consisting of competent and reliable evidence, for the percentage of biomass-based diesel contained in the fuel. In the case of ethanol flex fuels, you must possess a reasonable basis, consisting of competent and reliable evidence, for the percentage of ethanol contained in the fuel. You also must have a reasonable basis, consisting of competent and reliable evidence, for the minimum percentages by volume of other components that you choose to disclose.
(b) Give the person a letter or other written statement. This letter must include the date, your name, the other person's name, and the automotive fuel rating of any automotive fuel you will transfer to that person from the date of the letter onwards. Octane rating numbers may be rounded to a whole or half number equal to or less than the number determined by you. This letter of certification will be good until you transfer automotive fuel with a lower automotive fuel rating, except that a letter certifying the fuel rating of biomass-based diesel, biodiesel, a biomass-based diesel blend, a biodiesel blend, or an ethanol flex fuel will be good only until you transfer those fuels with a different automotive fuel rating, whether the rating is higher or lower. When this happens, you must certify the automotive fuel rating of the new automotive fuel either with a delivery ticket or by sending a new letter of certification.
(a) If you are a retailer, you must post the automotive fuel rating of all automotive fuel you sell to consumers. You must do this by putting at least one label on each face of each dispenser through which you sell automotive fuel. If you are selling two or more kinds of automotive fuel with different automotive fuel ratings from a single dispenser, you must put separate labels for each kind of automotive fuel on each face of the dispenser. Provided, however, that you do not need to post the automotive fuel rating of a mixture of gasoline and ethanol containing more than 10 but not more than 15 percent ethanol if the face of the dispenser is labeled in accordance with 40 CFR 80.1501.
(f) The following examples of automotive fuel rating disclosures for some presently available alternative liquid automotive fuels are meant to serve as illustrations of compliance with this part, but do not limit the Rule's coverage to only the mentioned fuels:
The additions read as follows:
(a) * * *
(4)
(A)
(B)
(C)
(ii) The band should measure 1 inch (2.54 cm) deep. The type in the band is centered both horizontally and vertically. The percentage disclosure and the word “ETHANOL” are in 24 point font. In the case of labels including the phrase, “51%-83% ETHANOL,” the percentage disclosure is in 18 point font, and the word “ETHANOL” is in 24 point font and at least
(f) * * *
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. You may inspect all approved material at the FTC Library, (202) 326-2395, Federal Trade Commission, Room H-630, 600 Pennsylvania Avenue NW., Washington, DC 20580, and 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:
(b) ASTM International (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428 telephone: 1-877-909-2786; Internet address:
(1) ASTM D975-07b, Standard Specification for Diesel Fuel Oils,
(2) ASTM D975-09b, Standard Specification for Diesel Fuel Oils, published August 2009; IBR approved for § 306.0(i).
(3) ASTM D2699-15a, Standard Test Method for Research Octane Number of Spark-Ignition Engine Fuel, published November 2015; IBR approved for §§ 306.0(b) and 306.5(a).
(4) ASTM D2700-14, Standard Test Method for Motor Octane Number of Spark-Ignition Engine Fuel, published November 2014; IBR approved for §§ 306.0(b) and 306.5(a).
(5) ASTM D2885-13, Standard Test Method for Determination of Octane Number of Spark-Ignition Engine Fuels by On-Line Direct Comparison Technique, published July 2013; IBR approved for §§ 306.0(b) and 306.5(a).
(6) ASTM D4814-15a, Standard Specification for Automotive Spark-Ignition Engine Fuel, published August 2015; IBR approved for §§ 306.0(b) and 306.5(a).
(7) ASTM D6751-10, Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels, published October 2010; IBR approved for § 306.0(l).
By direction of the Commission.
Category | Regulatory Information | |
Collection | Federal Register | |
sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
Publisher | Office of the Federal Register, National Archives and Records Administration |