Federal Register Vol. 82, No.1,

Federal Register Volume 82, Issue 1 (January 3, 2017)

Page Range1-709
FR Document

82_FR_1
Current View
Page and SubjectPDF
82 FR 1 - Taking Additional Steps to Address the National Emergency With Respect to Significant Malicious Cyber- Enabled ActivitiesPDF
82 FR 119 - Sunshine Act MeetingPDF
82 FR 84 - Initiation of Five-Year (“Sunset”) ReviewsPDF
82 FR 111 - Combined Notice of Filings #1PDF
82 FR 177 - Proposed Collection; Comment RequestPDF
82 FR 95 - Applications for New Awards; Personnel Development To Improve Services and Results for Children With Disabilities-Interdisciplinary Preparation in Special Education, Early Intervention, and Related Services for Personnel Serving Children With Disabilities Who Have High-Intensity NeedsPDF
82 FR 140 - Stainless Steel Plate From Belgium, South Africa, and Taiwan; DeterminationsPDF
82 FR 92 - Visiting Committee on Advanced TechnologyPDF
82 FR 85 - Request for Nominations for Members To Serve on National Institute of Standards and Technology Federal Advisory CommitteesPDF
82 FR 132 - Prospective Grant of Exclusive License: Development, Manufacture and Commercialization of Gene Therapy Products for Human Gene Therapy Use To Treat and/or Prevent Methylmalonic Acidemia (MMA)PDF
82 FR 118 - Paraquat Dichloride Human Health Mitigation Decision; Notice of AvailabilityPDF
82 FR 113 - Pesticide Product Registrations; Receipt of Applications for New Active IngredientsPDF
82 FR 114 - Pesticide Product Registrations; Receipt of Applications for New UsesPDF
82 FR 118 - Board of Scientific Counselors Executive Committee; Notification of Public Meeting and Public CommentPDF
82 FR 116 - Proposed Consent Decree, Clean Air Act Citizen SuitPDF
82 FR 115 - Agency Information Collection Activities; Proposed Renewal of an Existing Collection (EPA ICR No. 1246.13); Comment RequestPDF
82 FR 175 - Reports, Forms, and Record Keeping RequirementsPDF
82 FR 94 - North Pacific Fishery Management Council; Public MeetingPDF
82 FR 95 - North Pacific Fishery Management Council; Public MeetingPDF
82 FR 151 - University of Maryland; Maryland University Training ReactorPDF
82 FR 144 - Duke Energy Carolinas, LLC; William States Lee III Nuclear Station Units 1 and 2PDF
82 FR 154 - Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards ConsiderationsPDF
82 FR 154 - Duke Energy Carolinas, LLC; William States Lee III Nuclear Station Units 1 and 2PDF
82 FR 108 - Environmental Management Site-Specific Advisory Board, Oak Ridge ReservationPDF
82 FR 111 - Environmental Management Site-Specific Advisory Board, PaducahPDF
82 FR 109 - Environmental Management Site-Specific Advisory Board, NevadaPDF
82 FR 109 - Environmental Management Site-Specific Advisory Board, PortsmouthPDF
82 FR 94 - Mid-Atlantic Fishery Management Council (MAFMC); Public MeetingPDF
82 FR 95 - New England Fishery Management Council; Public MeetingPDF
82 FR 108 - Fusion Energy Sciences Advisory Committee (FESAC)PDF
82 FR 110 - Environmental Management Site-Specific Advisory Board, Northern New MexicoPDF
82 FR 110 - Environmental Management Site-Specific Advisory Board, Savannah River SitePDF
82 FR 120 - Abbott Laboratories and St. Jude Medical, Inc.; Analysis to Aid Public CommentPDF
82 FR 82 - Fresh Garlic From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2015-2016PDF
82 FR 83 - Calcium Hypochlorite From the People's Republic of China: Preliminary Intent To Rescind the New Shipper Review of Haixing Jingmei Chemical Products Sales Co., Ltd.PDF
82 FR 135 - 30-Day Notice of Proposed Information Collection: Public Housing Capital Fund ProgramPDF
82 FR 129 - Electronic Drug Product Reporting for Human Drug Compounding Outsourcing Facilities Under Section 503B of the Federal Food, Drug, and Cosmetic Act; Guidance for Industry; AvailabilityPDF
82 FR 176 - Sanctions Actions Pursuant to Executive Order 13224PDF
82 FR 122 - Federal Management Regulations; Transportation Prepayment Audit RequirementsPDF
82 FR 143 - Hearings of the Judicial Conference Advisory Committee on the Federal Rules of Bankruptcy ProcedurePDF
82 FR 175 - In the Matter of the Amendment of the Designation of Lashkar-e-Tayyiba and Other Aliases as a Specially Designated Global Terrorist Entity Pursuant to Executive Order 13224PDF
82 FR 93 - Marine Mammals; File No. 20666PDF
82 FR 128 - Premarket Notification (510(k)) Submissions for Bone Anchors; Draft Guidance for Industry and Food and Drug Administration Staff; AvailabilityPDF
82 FR 107 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Student Assistance General Provisions-Satisfactory Academic Progress PolicyPDF
82 FR 106 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Lender's Request for Payment of Interest and Special Allowance-LaRSPDF
82 FR 134 - Current List of HHS-Certified Laboratories and Instrumented Initial Testing Facilities Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal AgenciesPDF
82 FR 24 - Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Organ Procurement Organization Reporting and Communication; Transplant Outcome Measures and Documentation Requirements; Electronic Health Record (EHR) Incentive Programs; Payment to Nonexcepted Off-Campus Provider-Based Department of a Hospital; Hospital Value-Based Purchasing (VBP) Program; Establishment of Payment Rates Under the Medicare Physician Fee Schedule for Nonexcepted Items and Services Furnished by an Off-Campus Provider-Based Department of a Hospital; Correction and Extension of Comment PeriodPDF
82 FR 126 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
82 FR 124 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
82 FR 130 - Labeling of Red Blood Cell Units With Historical Antigen Typing Results; Draft Guidance for Industry; AvailabilityPDF
82 FR 164 - Type 2 Rate AdjustmentPDF
82 FR 165 - New Postal ProductsPDF
82 FR 153 - Information Collection: NRC Forms 366, 366A, and 366B, “Licensee Event Report”; CorrectionPDF
82 FR 166 - International Product Change-Inbound PRIME Tracked Service AgreementPDF
82 FR 167 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change Related to the Nullification and Adjustment of Options TransactionsPDF
82 FR 173 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 6.54PDF
82 FR 93 - Proposed Information Collection; Comment Request; West Coast Region U.S.-Canada Albacore Treaty Reporting System.PDF
82 FR 134 - National Institute on Aging; Notice of Closed MeetingPDF
82 FR 133 - National Heart, Lung, and Blood Institute; Notice of Closed MeetingPDF
82 FR 133 - National Cancer Institute; Amended Notice of MeetingPDF
82 FR 20 - Safety Zone; Lower Mississippi River, Natchez, MSPDF
82 FR 684 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Waterfront ConstructionPDF
82 FR 143 - Determination of Royalty Rates and Terms for Making Ephemeral Copies of Sound Recordings for Transmission to Business Establishments (Business Establishments III)PDF
82 FR 15 - International Traffic in Arms Regulations: International Trade Data System, ReportingPDF
82 FR 37 - Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; CorrectionsPDF
82 FR 137 - Notice To Extend the Public Comment Period for the Notice of Intent To Prepare the Columbia River System Operations Environmental Impact StatementPDF
82 FR 122 - Request for Public Input on the Application of the Criminal Conflict of Interest Prohibition to Certain Beneficial Interests in Discretionary Trusts.PDF
82 FR 46 - General Services Administration Acquisition Regulation (GSAR); Update Contract Reporting ResponsibilitiesPDF
82 FR 44 - Regulations Implementing the FOIA Improvement Act of 2016PDF
82 FR 137 - Light-Walled Rectangular Pipe and Tube From Taiwan Institution of a Five-Year ReviewPDF
82 FR 140 - Furfuryl Alcohol From China; Institution of a Five-Year ReviewPDF
82 FR 145 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards InformationPDF
82 FR 46 - Rules of Practice and Procedure; Presentation of Evidence in Commission Proceedings; CorrectionPDF
82 FR 106 - National Advisory Committee on Institutional Quality and IntegrityPDF
82 FR 654 - Affirmative Action for Individuals With Disabilities in Federal EmploymentPDF
82 FR 40 - Update of FEMA's Public Assistance and Fire Management Assistance Grant Regulations To Reflect the Terminology of Uniform Administrative Requirements, Cost Principles, and Audit RequirementsPDF
82 FR 56 - Public Information, Freedom of Information Act and Privacy Act RegulationsPDF
82 FR 22 - Extension of Deadline for Action on the November 2016 Section 126 Petition From MarylandPDF
82 FR 67 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance From the Department of the TreasuryPDF
82 FR 59 - Procedures for Disclosure or Production of Information Under the Freedom of Information Act; AmendmentsPDF
82 FR 52 - Airworthiness Directives; CFE Company Turbofan EnginesPDF
82 FR 54 - Airworthiness Directives; The Boeing Company AirplanesPDF
82 FR 50 - Airworthiness Directives; Airbus AirplanesPDF
82 FR 180 - Medicare Program; Advancing Care Coordination Through Episode Payment Models (EPMs); Cardiac Rehabilitation Incentive Payment Model; and Changes to the Comprehensive Care for Joint Replacement Model (CJR)PDF
82 FR 48 - Airworthiness Directives; Piper Aircraft, Inc. AirplanesPDF
82 FR 10 - Airworthiness Directives; Bombardier, Inc. AirplanesPDF
82 FR 7 - Airworthiness Directives; BAE Systems (Operations) Limited AirplanesPDF
82 FR 12 - Airworthiness Directives; Airbus AirplanesPDF
82 FR 80 - Significant New Use Rule on Certain Chemical Substances; Reopening of Comment PeriodPDF
82 FR 5 - Airworthiness Directives; The Boeing Company AirplanesPDF

Issue

82 1 Tuesday, January 3, 2017 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 124-128 2016-31772 2016-31773 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicaid and Children's Health Insurance Programs: Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; Correction, 37-40 2016-31650 Medicare Program: Advancing Care Coordination through Episode Payment Models; Cardiac Rehabilitation Incentive Payment Model; Changes to the Comprehensive Care for Joint Replacement Model, 180-651 2016-30746 Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; etc., 24-37 2016-31774 Coast Guard Coast Guard RULES Safety Zones: Lower Mississippi River, Natchez, MS, 20-22 2016-31729 Commerce Commerce Department See

International Trade Administration

See

National Institute of Standards and Technology

See

National Oceanic and Atmospheric Administration

PROPOSED RULES Public Information, Freedom of Information Act and Privacy Act Regulations, 56-59 2016-31314
Consumer Product Consumer Product Safety Commission PROPOSED RULES Procedures for Disclosure or Production of Information under the Freedom of Information Act; Amendments, 59-67 2016-31131 Copyright Royalty Board Copyright Royalty Board NOTICES Rates and Terms; Determinations: Making Ephemeral Copies of Sound Recordings for Transmission to Business Establishments (Business Establishments III), 143-144 2016-31685 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Lender's Request for Payment of Interest and Special Allowance, 106 2016-31776 Student Assistance General Provisions—Satisfactory Academic Progress Policy, 107-108 2016-31777 Applications for New Awards: Personnel Development to Improve Services and Results for Children with Disabilities—Interdisciplinary Preparation in Special Education, Early Intervention, and Related Services for Personnel Serving Children with Disabilities who have High-Intensity Needs, 95-106 2016-31838 National Advisory Committee on Institutional Quality and Integrity Membership, 106-107 2016-31400 Energy Department Energy Department See

Federal Energy Regulatory Commission

NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Nevada, 109 2016-31808 Environmental Management Site-Specific Advisory Board, Northern New Mexico, 110 2016-31803 Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 108-109 2016-31810 Environmental Management Site-Specific Advisory Board, Paducah, 111 2016-31809 Environmental Management Site-Specific Advisory Board, Portsmouth, 109-110 2016-31807 Environmental Management Site-Specific Advisory Board, Savannah River Site, 110-111 2016-31802 Fusion Energy Sciences Advisory Committee, 108 2016-31804
Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Extension of Deadline for Action on the November 2016 Section 126 Petition From Maryland, 22-24 2016-31258 PROPOSED RULES Significant New Use Rule on Certain Chemical Substances; Reopening of Comment Period, 80-81 2016-29755 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 115-116 2016-31821 Human Health Mitigation Decision: Paraquat Dichloride, 118 2016-31832 Meetings: Board of Scientific Counselors Executive Committee, 118-119 2016-31825 Pesticide Product Registrations: Applications for New Active Ingredients, 113-114 2016-31831 Applications for New Uses, 114-115 2016-31829 Proposed Consent Decrees, Clean Air Act Citizen Suits, 116-118 2016-31822 Equal Equal Employment Opportunity Commission RULES Affirmative Action for Individuals with Disabilities in Federal Employment, 654-681 2016-31397 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 12-15 2016-30280 BAE Systems (Operations) Limited Airplanes, 7-10 2016-30412 Bombardier, Inc. Airplanes, 10-12 2016-30418 The Boeing Co. Airplanes, 5-7 2016-29678 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 50-52 2016-30806 CFE Company Turbofan Engines, 52-54 2016-30951 Piper Aircraft, Inc. Airplanes, 48-50 2016-30716 The Boeing Company Airplanes, 54-56 2016-30807 Federal Emergency Federal Emergency Management Agency RULES Updated Public Assistance and Fire Management Assistance Grant Regulations—Terminology of Uniform Administrative Requirements, Cost Principles, and Audit Requirements, 40-44 2016-31380 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 111-113 2016-31840 Federal Maritime Federal Maritime Commission RULES Rules of Practice and Procedure; Presentation of Evidence in Commission Proceedings; Correction, 46 2016-31412 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 119-120 2016-31878 2016-31879 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreements: Abbott Laboratories and St. Jude Medical, Inc., 120-122 2016-31800 Food and Drug Food and Drug Administration NOTICES Guidance for Industry: Labeling of Red Blood Cell Units with Historical Antigen Typing Results, 130-132 2016-31771 Guidance: Electronic Drug Product Reporting for Human Drug Compounding Outsourcing Facilities Under Section 503B of the Federal Food, Drug, and Cosmetic Act, 129-130 2016-31789 Premarket Notification Submissions for Bone Anchors, 128-129 2016-31779 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 176-177 2016-31787 General Services General Services Administration RULES General Services Administration Acquisition Regulations: Update Contract Reporting Responsibilities, 46-47 2016-31529 NOTICES Federal Management Regulations: Transportation Prepayment Audit Requirements, 122 2016-31786 Government Ethics Government Ethics Office NOTICES Application of the Criminal Conflict of Interest Prohibition to Certain Beneficial Interests in Discretionary Trusts; Request for Public Input, 122-124 2016-31583 Health and Human Health and Human Services Department See

Agency for Toxic Substances and Disease Registry

See

Centers for Medicare & Medicaid Services

See

Food and Drug Administration

See

National Institutes of Health

See

Substance Abuse and Mental Health Services Administration

Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Housing Capital Fund Program, 135-136 2016-31791 Interior Interior Department See

Reclamation Bureau

International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Calcium Hypochlorite from the People's Republic of China, 83-84 2016-31793 Fresh Garlic from the People's Republic of China, 82-83 2016-31794 Initiation of Five-Year (Sunset) Reviews, 84-85 2016-31844 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Furfuryl Alcohol from China; Institution of a Five-Year Review, 140-143 2016-31464 Light-Walled Rectangular Pipe and Tube from Taiwan; Institution of a Five-Year Review, 137-140 2016-31465 Investigations; Determinations, Modifications, and Rulings, etc.: Stainless Steel Plate from Belgium, South Africa, and Taiwan, 140 2016-31837 Judicial Conference Judicial Conference of the United States NOTICES Meetings: Hearings of the Judicial Conference Advisory Committee on the Federal Rules of Bankruptcy Procedure; Cancellation, 143 2016-31783 Library Library of Congress See

Copyright Royalty Board

National Endowment for the Humanities National Endowment for the Humanities RULES Regulations Implementing the FOIA Improvement Act of 2016, 44-46 2016-31521 National Foundation National Foundation on the Arts and the Humanities See

National Endowment for the Humanities

National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 175-176 2016-31820 National Institute National Institute of Standards and Technology NOTICES Meetings: Visiting Committee on Advanced Technology, 92-93 2016-31836 Requests for Nominations: National Institute of Standards and Technology Federal Advisory Committees, 85-92 2016-31835 National Institute National Institutes of Health NOTICES Meetings: National Cancer Institute, 133 2016-31759 National Heart, Lung, and Blood Institute, 133 2016-31760 National Institute on Aging, 134 2016-31761 Prospective Grants of Exclusive Patent Licenses: Development, Manufacture and Commercialization of Gene Therapy Products for Human Gene Therapy Use to Treat and/or Prevent Methylmalonic Acidemia, 132-133 2016-31834 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Takes of Marine Mammals Incidental to Waterfront Construction: Naval Submarine Base Kings Bay, GA,, 684-709 2016-31702 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: West Coast Region U.S.-Canada Albacore Treaty Reporting System, 93 2016-31762 Meetings: Mid-Atlantic Fishery Management Council, 94 2016-31806 New England Fishery Management Council, 95 2016-31805 North Pacific Fishery Management Council, 94-95 2016-31816 2016-31817 Permit Applications: Marine Mammals; File No. 20666, 93-94 2016-31781 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Licensee Event Report; Correction, 153 2016-31768 Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 145-151 2016-31450 Combined Licenses: Duke Energy Carolinas, LLC, William States Lee III Nuclear Station Units 1 and 2, 144-145 2016-31814 Facility Operating and Combined Licenses: Applications and Amendments Involving No Significant Hazards Considerations; Biweekly Notice, 154-164 2016-31813 Indemnity Agreements: Duke Energy Carolinas, LLC, William States Lee III Nuclear Station Units 1 and 2, 154 2016-31812 License Applications; Renewals: University of Maryland; Maryland University Training Reactor, 151-153 2016-31815 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 165-166 2016-31769 Rate Adjustments, 164-165 2016-31770 Postal Service Postal Service NOTICES International Product Changes: Inbound PRIME Tracked Service Agreement, 166 2016-31767 Presidential Documents Presidential Documents EXECUTIVE ORDERS Defense and National Security: Cyber-Enabled Activities; Taking Additional Steps to Address the National Emergency (EO 13757), 1-3 2016-31922 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Columbia River System Operations; Extension of Public Comment Period, 137 2016-31621 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 167-175 2016-31765 2016-31766 State Department State Department RULES International Traffic in Arms: International Trade Data System, Reporting, 15-19 2016-31655 NOTICES Global Terrorist Designations: Lashkar-e-Tayyiba, et al., 175 2016-31782 Substance Substance Abuse and Mental Health Services Administration NOTICES Certified Laboratories and Instrumented Initial Testing Facilities: List of Facilities that meet Minimum Standards to Engage in Urine Drug Testing for Federal Agencies, 134-135 2016-31775 Transportation Department Transportation Department See

Federal Aviation Administration

See

National Highway Traffic Safety Administration

Treasury Treasury Department See

Foreign Assets Control Office

PROPOSED RULES Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance, 67-80 2016-31236 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 177 2016-31839
Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 180-651 2016-30746 Part III Equal Employment Opportunity Commission, 654-681 2016-31397 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 684-709 2016-31702 Reader Aids

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

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription.

82 1 Tuesday, January 3, 2017 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-3698; Directorate Identifier 2015-NM-138-AD; Amendment 39-18733; AD 2016-25-07] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767-200 and -300 series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the aft pressure bulkhead is subject to widespread fatigue damage (WFD). This AD requires replacing the aft pressure bulkhead with a new, improved aft pressure bulkhead, and doing related investigative and corrective actions if necessary. We are issuing this AD to prevent the unsafe condition on these products.

DATES:

This AD is effective February 7, 2017.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 7, 2017.

ADDRESSES:

For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; telephone 562-797-1717; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-3698.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-3698; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6447; fax: 425-917-6590; email: [email protected]

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 767-200 and -300 series airplanes. The NPRM published in the Federal Register on February 22, 2016 (81 FR 8668) (“the NPRM”). The NPRM was prompted by an evaluation by the DAH indicating that the aft pressure bulkhead at Station 1582 is subject to WFD. The NPRM proposed to require replacing the aft pressure bulkhead with a new, improved aft pressure bulkhead, and doing related investigative and corrective actions if necessary. We are issuing this AD to prevent fatigue cracking in the radial web lap splices of the aft pressure bulkhead. Such cracking could result in rapid decompression and consequent reduced structural integrity of the airplane.

Comments

We gave the public the opportunity to participate in developing this AD. We have considered the comments received. Boeing and United Airlines supported the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

Aviation Partners Boeing stated that accomplishing the supplemental type certificate (STC) ST01920SE does not affect compliance with the actions specified in the NPRM.

We agree with the commenter. We have redesignated paragraph (c) of the proposed AD as (c)(1) and added paragraph (c)(2) to this AD to state that installation of STC ST01920SE does not affect the ability to accomplish the actions required by this final rule. Therefore, for airplanes on which STC ST01920SE is installed, a “change in product” alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17.

Changes To This AD

We have reviewed Boeing Alert Service Bulletin 767-53A0267, Revision 1, dated August 4, 2016, and there are no substantial changes. Therefore, we have included Boeing Alert Service Bulletin 767-53A0267, Revision 1, dated August 4, 2016, in paragraphs (c), (g), (h), and (i) of this AD. We have also provided credit in paragraph (j) of this AD for actions done prior to the effective date of this AD using Boeing Alert Service Bulletin 767-53A0267, dated August 13, 2015.

We have also revised paragraph (g) of this AD to clarify certain terminating actions.

Conclusion

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

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

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

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

Related Service Information Under 1 CFR part 51

We reviewed Boeing Alert Service Bulletin 767-53A0267, Revision 1, dated August 4, 2016. The service information describes procedures for replacing the aft pressure bulkhead at Station 1582 of Section 48 with a new, improved aft pressure bulkhead, including all applicable related investigative and corrective actions. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

We estimate that this AD affects 86 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on
  • U.S. operators
  • Replacement 1,541 work-hours × $85 per hour = $130,985 $646,889 $777,874 $66,897,164

    We have received no definitive data that enables us to provide cost estimates for the on-condition investigative and corrective actions specified in this AD.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-25-07 The Boeing Company: Amendment 39-18733; Docket No. FAA-2016-3698; Directorate Identifier 2015-NM-138-AD. (a) Effective Date

    This AD is effective February 7, 2017.

    (b) Affected ADs

    This AD affects the ADs specified in paragraphs (b)(1), (b)(2), and (b)(3) of this AD.

    (1) AD 2004-05-16, Amendment 39-13511 (69 FR 10917, March 9, 2004).

    (2) AD 2004-14-19, Amendment 39-13728 (69 FR 42549, July 16, 2004).

    (3) AD 2009-06-19, Amendment 39-15856 (74 FR 12243, March 24, 2009).

    (c) Applicability

    (1) This AD applies to The Boeing Company Model 767-200 and -300 series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 767-53A0267, Revision 1, dated August 4, 2016.

    (2) Installation of Supplemental Type Certificate (STC) ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSTC.nsf/0/38B606833BBD98B386257FAA00602538?OpenDocument&Highlight=st01920se) does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01920SE is installed, a “change in product” alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17.

    (d) Subject

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

    (e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the aft pressure bulkhead at Station 1582 is subject to widespread fatigue damage (WFD). We are issuing this AD to prevent fatigue cracking in the radial web lap splices of the aft pressure bulkhead. Such cracking could result in rapid decompression and consequent reduced structural integrity of the airplane.

    (f) Compliance

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

    (g) Replacement, Related Investigative and Corrective Actions, and Terminating Actions

    Before the accumulation of 60,000 total flight cycles, or within 36 months after the effective date of this AD, whichever occurs later, but not earlier than 37,500 total accumulated flight cycles: Replace the aft pressure bulkhead at Station 1582 of Section 48 with a new, improved aft pressure bulkhead, and perform all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 767-53A0267, Revision 1, dated August 4, 2016; except as required by paragraph (h) of this AD. Do all applicable related investigative and corrective actions before further flight. Accomplishing the replacement in this paragraph terminates all requirements of the ADs identified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD.

    (1) AD 2004-05-16, Amendment 39-13511 (69 FR 10917, March 9, 2004).

    (2) AD 2004-14-19, Amendment 39-13728 (69 FR 42549, July 16, 2004).

    (3) AD 2009-06-19, Amendment 39-15856 (74 FR 12243, March 24, 2009).

    (h) Corrective Actions

    If any defect (e.g., rifling, gouging, nicks, or burrs, or excessive surface roughness) is found in any fastener hole (other than normally produced during a typical reaming operation), during accomplishment of any inspection (related investigative actions) required by this AD, and Boeing Alert Service Bulletin 767-53A0267, Revision 1, dated August 4, 2016, specifies to contact Boeing for repair instructions: Before further flight, repair in accordance with the procedures specified in paragraph (k) of this AD.

    (i) Exception to the Service Information

    Where Boeing Alert Service Bulletin 767-53A0267, Revision 1, dated August 4, 2016, specifies a compliance time “after the original issue date of this service bulletin,” this AD requires compliance within the specified time after the effective date of this AD.

    (j) Credit for Previous Actions

    This paragraph provides credit for the actions required by paragraphs (g) and (h) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin 767-53A0267, dated August 13, 2015; which is not incorporated by reference in this AD.

    (k) Alternative Methods of Compliance (AMOCs)

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

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

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

    (4) Except as required by paragraph (h) of this AD: For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (k)(4)(i) and (k)(4)(ii) apply.

    (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or sub-step is labeled “RC Exempt,” then the RC requirement is removed from that step or sub-step. An AMOC is required for any deviations to RC steps, including substeps and identified figures.

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

    (l) Related Information

    For more information about this AD, contact Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6447; fax: 425-917-6590; email: [email protected]

    (m) Material Incorporated by Reference

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

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

    (i) Boeing Alert Service Bulletin 767-53A0267, Revision 1, dated August 4, 2016.

    (ii) Reserved.

    (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; telephone 562-797-1717; Internet https://www.myboeingfleet.com.

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

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

    Issued in Renton, Washington, on November 25, 2016. John P. Piccola, Jr., Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-29678 Filed 12-30-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-0457; Directorate Identifier 2015-NM-084-AD; Amendment 39-18751; AD 2016-25-25] RIN 2120-AA64 Airworthiness Directives; BAE Systems (Operations) Limited Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are superseding Airworthiness Directive (AD) 2012-11-15 for all BAE Systems (Operations) Limited Model 4101 airplanes. AD 2012-11-15 required a one-time detailed inspection for cracks, corrosion, and other defects of the rear face of the wing rear spar, and repair if necessary. This new AD requires repetitive detailed inspections, and repair if necessary. This AD was prompted by new reports of cracking found in the wing rear spar and technical analysis results, which confirmed that the crack initiation and propagation are due to fatigue, with no indication of any other crack initiation mechanism (e.g., stress corrosion). We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective February 7, 2017.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of February 7, 2017.

    ADDRESSES:

    For service information identified in this final rule, contact BAE Systems (Operations) Limited, Customer Information Department, Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email [email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-0457.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-0457; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-227-1149.

    SUPPLEMENTARY INFORMATION: Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2012-11-15, Amendment 39-17079 (77 FR 36127, June 18, 2012) (“AD 2012-11-15”). AD 2012-11-15 applied to all BAE Systems (Operations) Limited Model 4101 airplanes. The NPRM published in the Federal Register on January 21, 2016 (81 FR 3350) (“the NPRM”). The NPRM was prompted by new reports of cracking found in the wing rear spar and technical analysis results, which confirmed that the crack initiation and propagation are due to fatigue, with no indication of any other crack initiation mechanism (e.g., stress corrosion). The NPRM proposed to require a one-time detailed inspection for cracks, corrosion, and other defects of the rear face of the wing rear spar, and repair if necessary. The NPRM also proposed to require repetitive detailed inspections, and repair if necessary. We are issuing this AD to detect and correct cracking in the wing rear spar, which could propagate to a critical length, possibly affecting the structural integrity of the area and resulting in a fuel tank rupture, with consequent damage to the airplane and possible injury to its occupants.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2015-0100, dated June 3, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all BAE Systems (Operations) Limited Model 4101 airplanes. The MCAI states:

    During an investigation of a fuel leak on the rear spar of a Jetstream 4100 aeroplane, 4 cracks were found between Ribs 6 and 7 (immediately inboard of the inboard engine rib). The cracks initiated at adjacent fastener bores in the rear spar upper boom, and progressed downwards, diagonally, into the rear spar web.

    These cracks, if not detected and corrected, could propagate to a critical length, affecting the structural integrity of the area, possibly resulting in a fuel tank rupture with consequent damage to the aeroplane and injury to occupants.

    Prompted by these findings, EASA issued AD 2011-0096 [which corresponds to FAA AD 2012-11-15, Amendment 39-17079 (77 FR 36127, June 18, 2012)] to require a one-time [detailed] inspection [for cracks, corrosion, and other defects] of the rear face of the wing rear spar and the accomplishment of applicable corrective actions [i.e., repair], depending on findings. Initial analysis of the event did not lead to the conclusion that the cracking was fatigue related, therefore [EASA] AD 2011-0096 did not require repetitive inspections.

    Since that [EASA] AD [2011-0096] was issued, the results of the technical analysis confirmed that the cracks were due to fatigue, with no indication of any other crack initiation mechanism (e.g. stress corrosion). In addition, further similar in-service events have been reported. During investigation of those events, further metallurgical analysis indicated that the crack initiation and propagation are indeed fatigue driven and occur at the same location.

    To address this unsafe condition, a review of the inspection interval was undertaken based on the cracks from both aeroplanes and BAE Systems (Operations) Ltd issued Service Bulletin (SB) J41-A57-029 Revision 3 in order to reduce the inspection interval of the wing rear spar from 2 000 flight cycles (FC) to 1 600 FC.

    For the reasons described above, this [EASA] AD supersedes [EASA] AD 2011-0096, without retaining its requirements, introduces repetitive inspections and, depending on findings, requires the accomplishments of applicable corrective action(s) [i.e., repair].

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-0457.

    Comments

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

    Explanation of Change in This AD

    The NPRM incorrectly referred to Subject 57-00-00, Wings General, of Chapter 57, Wings, of the BAE Systems (Operations) Limited Jetstream Series 4100 Structural Repair Manual (SRM), Volume 1, Revision 32, dated October 15, 2014, for damage criteria and repair instructions. We have revised this final rule to refer to Chapter 57 of the SRM instead of Subject 57-00-00.

    Conclusion

    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 for correcting the unsafe condition; and

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

    Related Service Information Under 1 CFR Part 51

    BAE Systems (Operations) Limited has issued Alert Service Bulletin J41-A57-029, Revision 3, dated April 8, 2014. The service information describes detailed inspections for cracks, corrosion, and other defects of the rear face of the wing rear spars.

    BAE Systems (Operations) Limited also has issued Chapter 57, Wings, of the Jetstream Series 4100 SRM, Volume 1, Publication Ref. No. (Transmittal No.) SA 4-4100/SRM/400, Revision 32, dated October 15, 2014. Among other actions, Chapter 57 describes damage criteria and procedures for repairing the wing structure.

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

    Costs of Compliance

    We estimate that this AD affects 15 airplanes of U.S. registry.

    We also estimate that it takes up to 25 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be up to $31,875, or up to $2,125 per product.

    We have received no definitive data that enables us to provide a cost estimate for the on-condition actions (repairing cracks, corrosion, and defects) specified in this AD.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2012-11-15, Amendment 39-17079 (77 FR 36127, June 18, 2012), and adding the following new AD: 2016-25-25 Bombardier: Amendment 39-18751; Docket No. FAA-2016-0457; Directorate Identifier 2015-NM-084-AD. (a) Effective Date

    This AD is effective February 7, 2017.

    (b) Affected ADs

    This AD replaces AD 2012-11-15, Amendment 39-17079 (77 FR 36127, June 18, 2012) (“AD 2012-11-15”).

    (c) Applicability

    This AD applies to BAE (Operations) Limited Model 4101 airplanes, certificated in any category, all models and all serial numbers.

    (d) Subject

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

    (e) Reason

    This AD was prompted by new reports of cracking found in the wing rear spar and technical analysis results, which confirmed that the crack initiation and propagation are due to fatigue, with no indication of any other crack initiation mechanism (e.g., stress corrosion). We are issuing this AD to detect and correct cracking in the wing rear spar, which could propagate to a critical length, possibly affecting the structural integrity of the area and resulting in a fuel tank rupture, with consequent damage to the airplane and possible injury to its occupants.

    (f) Compliance

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

    (g) Repetitive Inspections and Repair

    Within 30 days after the effective date of this AD, or within 1,600 flight cycles since the most recent detailed inspection was done as specified in BAE Systems Alert Service Bulletin J41-A57-029, whichever occurs later: Do a detailed inspection for cracks, corrosion, and other defects (defects include scratches, dents, holes, damage to fastener holes, or damage to surface protection and finish) of the rear face of the wing rear spars, in accordance with the Accomplishment Instructions of BAE Systems Alert Service Bulletin J41-A57-029, Revision 3, dated April 8, 2014. Repeat the inspection thereafter at intervals not to exceed 1,600 flight cycles.

    (1) If any cracking, corrosion, or other defect is found within the criteria defined in Chapter 57, Wings, of the Jetstream Series 4100 Structural Repair Manual (SRM), Volume 1, Publication Ref. No. (Transmittal No.) SA 4-4100/SRM/400, Revision 32, dated October 15, 2014 (“Chapter 57 of the SRM”): Before further flight, repair the affected area, in accordance with the repair instructions of Chapter 57 of the SRM.

    (2) If any cracking, corrosion, or other defect is found exceeding the criteria defined in Chapter 57 of the SRM: Before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or BAE Systems (Operations) Limited's EASA Design Organization Approval (DOA).

    (h) Repair Does Not Constitute Terminating Action Except for Certain Repairs

    Accomplishment of a repair as required by paragraphs (g)(1) and (g)(2) of this AD, does not constitute terminating action for the repetitive inspections required by paragraph (g) of this AD, unless the approved repair required by paragraph (g)(2) of this AD states otherwise (e.g., the approved repair states the repair terminates the inspections for the repaired area only).

    (i) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-227-1149. Information may be emailed to: [email protected] Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

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

    (j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2015-0100, dated June 3, 2015, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-0457.

    (k) Material Incorporated by Reference

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

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

    (i) BAE Systems Alert Service Bulletin J41-A57-029, Revision 3, dated April 8, 2014.

    (ii) Chapter 57, Wings, of the BAE Systems (Operations) Limited Jetstream Series 4100 Structural Repair Manual, Volume 1, Publication Ref. No. (Transmittal No.) SA 4-4100/SRM/400, Revision 32, dated October 15, 2014.

    (3) For service information identified in this AD, contact BAE Systems (Operations) Limited, Customer Information Department, Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email [email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.

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

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

    Issued in Renton, Washington, on December 6, 2016. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-30412 Filed 12-30-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-8180; Directorate Identifier 2016-NM-083-AD; Amendment 39-18760; AD 2016-26-02] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc. Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL-600-2E25 (Regional Jet Series 1000) airplanes. This AD was prompted by a determination that the protective polyurethane tapes applied to the upper surfaces of the aluminum and titanium floor structural members may overhang the profiles of the floor structural parts and may allow fire propagation below the floor structure. This AD requires an inspection of the polyurethane protective tapes installed on the floor structure for excess tape or incorrect tape installation, and corrective actions if necessary. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective February 7, 2017.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 7, 2017.

    ADDRESSES:

    For service information identified in this final rule, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; Widebody Customer Response Center North America toll-free telephone 1-866-538-1247 or direct-dial telephone: 1-514-855-2999; fax: 514-855-7401; email: [email protected]; Internet: http://www.bombardier.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-8180.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-8180; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Fabio Buttitta, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 516-228-7303; fax: 516-794-5531.

    SUPPLEMENTARY INFORMATION: Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL-600-2E25 (Regional Jet Series 1000) airplanes. The NPRM published in the Federal Register on July 28, 2016 (81 FR 49577) (“the NPRM”). The NPRM was prompted by a determination that the protective polyurethane tapes applied to the upper surfaces of the aluminum and titanium floor structural members may not be trimmed properly, and on some places may overhang the profiles of the floor structural parts. Subsequent tests revealed that the overhanging pieces of tapes that are not bonded to the structure do not meet the flammability requirements and may allow fire propagation below the floor structure. The NPRM proposed to require an inspection of the polyurethane protective tapes installed on the floor structure for excess tape or incorrect tape installation, and corrective actions if necessary. We are issuing this AD to detect and correct overhanging pieces of protective polyurethane tapes, which are not bonded to the structure and do not meet the flammability requirements; this condition may allow fire propagation below the floor structure.

    Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian AD CF-2016-14, dated May 18, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL-600-2E25 (Regional Jet Series 1000) airplanes. The MCAI states:

    An inspection revealed that the protective polyurethane tapes applied to the upper surfaces of the aluminum and titanium floor structural members installed on CRJ 700/900/1000 aeroplanes may not be trimmed properly and on some places may overhang the profiles of the floor structural parts. Subsequent tests revealed that the overhanging pieces of tapes which are not bonded to the structure, do not meet the flammability requirements. If not corrected, this condition may allow fire propagation below the floor structure.

    This [Canadian] AD was issued to mandate the [detailed] inspection and removal of any excessive pieces of overhanging tape [or replacing incorrectly installed tape] found on the floor structure.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-8180.

    Comments

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

    Request To Revise Compliance Time

    Endeavor Air requested that we revise the compliance time from 12,600 flight hours after the effective date of this AD to 16,000 flight hours after the effective date of this AD. Endeavor Air explained that it understands that the 12,600-flight-hour threshold was established to coincide with 12,000-flight-hour 2C check tasks, when removal of all the floor boards over the entire length of the airplane is scheduled, and not due to other calculations. Endeavor Air stated that Bombardier is in the process of escalating the intervals for a C-check (which includes removing the floor boards to expose the polyurethane tapes) from 12,000 flight hours to 16,000 flight hours. Endeavor Air explained that this increase will prevent an undue financial burden by allowing operators to accomplish this inspection during scheduled floor removal. Endeavor Air also stated that it has received written support from Bombardier for escalating this corrective action to 16,000 flight hours.

    We do not agree with the commenter's request to extend the compliance time. Escalation of the C-check interval has not been approved yet and is a separate issue from the safety concern being addressed in this AD. We have determined that the compliance time, as proposed, represents the maximum interval of time allowable for the affected airplanes to continue to safely operate before the inspection is done. However, according to the provisions of paragraph (i) of this AD, we might approve requests to adjust the compliance time if the request includes data that substantiates that the new compliance time would provide an acceptable level of safety. We have not changed this AD in this regard.

    Conclusion

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

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

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

    Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 670BA-53-055, dated December 3, 2015. The service information describes procedures for inspecting the polyurethane protective tapes for any excess tape or incorrect tape installation on the floor structure, and doing corrective actions, which include removing any excess tape and replacing any incorrectly installed tape. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Costs of Compliance

    We estimate that this AD affects 569 airplanes of U.S. registry.

    We estimate the following costs to comply with this AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Inspection and repair 190 work-hours × $85 per hour = $16,150 $0 $16,150 $9,189,350

    Bombardier provided a single cost only. It did not separate out costs for inspection and corrective actions. Therefore, we have not specified separate on-condition repair costs.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-26-02 Bombardier, Inc.: Amendment 39-18760; Docket No. FAA-2016-8180; Directorate Identifier 2016-NM-083-AD. (a) Effective Date

    This AD is effective February 7, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to the Bombardier, Inc. airplanes identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in any category.

    (1) Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, serial numbers 10002 through 10342 inclusive.

    (2) Model CL-600-2D15 (Regional Jet Series 705) airplanes and Model CL-600-2D24 (Regional Jet Series 900) airplanes, serial numbers 15001 through 15347 inclusive.

    (3) Model CL-600-2E25 (Regional Jet Series 1000) airplanes, serial numbers 19001 through 19040 inclusive.

    (d) Subject

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

    (e) Reason

    This AD was prompted by a determination that the protective polyurethane tapes applied to the upper surfaces of the aluminum and titanium floor structural members may not be trimmed properly, and on some places may overhang the profiles of the floor structural parts. Subsequent tests revealed that the overhanging pieces of tapes that are not bonded to the structure do not meet the flammability requirements and may allow fire propagation below the floor structure. We are issuing this AD to detect and correct overhanging pieces of protective polyurethane tapes, which are not bonded to the structure and do not meet the flammability requirements; this condition may allow fire propagation below the floor structure.

    (f) Compliance

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

    (g) Inspection and Corrective Actions

    Within 12,600 flight hours after the effective date of this AD: Do a detailed inspection for excess tape or incorrect tape installation of the polyurethane protective tapes installed between floor panels and floor structure between fuselage station (FS) 280.00 and FS969.00; and do all applicable corrective actions; in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA-53-055, dated December 3, 2015, except as specified in paragraph (h) of this AD. Do all applicable corrective actions before further flight.

    (h) Exception to Service Information

    Where Bombardier Service Bulletin 670BA-53-055, dated December 3, 2015, specifies to contact Bombardier, Inc., to “get an approved disposition to complete this service bulletin,” before further flight, repair using a method approved by the Manager, New York Aircraft Certification Office (ACO), ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization (DAO).

    (i) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO, ANE-170, 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 ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 516-228-7300; fax: 516-794-5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

    (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved by the DAO, the approval must include the DAO-authorized signature.

    (j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian AD CF-2016-14, dated May 18, 2016, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-8180.

    (k) Material Incorporated by Reference

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

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

    (i) Bombardier Service Bulletin 670BA-53-055, dated December 3, 2015.

    (ii) Reserved.

    (3) For service information identified in this AD, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; Widebody Customer Response Center North America toll-free telephone 1-866-538-1247 or direct-dial telephone: 1-514-855-2999; fax: 514-855-7401; email: [email protected]; Internet: http://www.bombardier.com.

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

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

    Issued in Renton, Washington, on December 9, 2016. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-30418 Filed 12-30-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-3631; Directorate Identifier 2015-NM-060-AD; Amendment 39-18757; AD 2016-25-31] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Airbus Model A330-200 and -300 series airplanes; Model A330-200 Freighter series airplanes; and Model A340-200, -300, -500, and -600 series airplanes. This AD was prompted by reports of chafed wiring at the upper left corner of the cockpit door. The affected wire bundle was not grounded on the cockpit door frame. This AD requires modifying the cockpit door frame structure, installing bonding-leads to the upper cockpit door frame, and modifying the upper cockpit door plate cover. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective February 7, 2017.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of February 7, 2017.

    ADDRESSES:

    For service information identified in this final rule, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 45 80; email: [email protected]; Internet: http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3631.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3631; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus Model A330-200 and -300 series airplanes; Model A330-200 Freighter series airplanes; and Model A340-200, -300, -500, and -600 series airplanes. The SNPRM published in the Federal Register on June 6, 2016 (81 FR 36211) (“the SNPRM”). We preceded the SNPRM with a notice of proposed rulemaking (NPRM) that was published in the Federal Register on September 18, 2015 (80 FR 56405) (“the NPRM”). The NPRM proposed to require modifying the cockpit door frame structure, installing bonding-leads to the upper cockpit door frame, and modifying the upper cockpit door plate cover. The NPRM was prompted by reports of chafed wiring at the upper left corner of the cockpit door. The SNPRM proposed to also require, for certain airplanes, installing a noise-reduced cockpit door locking system (CDLS). We are issuing this AD to prevent electrical shock injury to persons contacting the cockpit door.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2015-0037, dated March 2, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus Model A330-200 and -300 series airplanes; Model A330-200 Freighter series airplanes; and Model A340-200, -300, -500, and -600 series airplanes. The MCAI states:

    An operator has reported chafed wiring at the upper left corner of the cockpit door. The investigation concluded that the affected wire bundle, which supplies a voltage of 115V [volt] AC [alternating current], was not grounded on the cockpit door frame as part of the design of A330 and A340 aeroplanes.

    This condition, if not corrected, could result in injury [electrical shock], in case any person gets in contact with the door frame.

    Prompted by these findings, Airbus issued SB [service bulletin] A330-25-3534, SB A340-25-4349 and SB A340-25-5212 to provide instructions to modify the electrical bonding of the cockpit door.

    For the reasons described above, this [EASA] AD requires modification of the cockpit door frame structure, installation of bonding-leads to the upper cockpit door frame and modification of the upper cockpit door plate cover.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3631.

    Comments

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

    Requests To Remove Requirement for Additional Concurrent Actions

    Delta Airlines (DAL) requested that we remove the proposed requirement to install the CDLS as specified in Airbus Service Bulletin A330-25-3254, Revision 02, dated December 13, 2004. American Airlines (AAL) requested that we clarify the airplanes affected by that proposed requirement. Both commenters stated that Airbus has confirmed that installation of the noise-reduced CDLS specified in Airbus Service Bulletin A330-25-3254, Revision 02, dated December 13, 2004, is optional and applies only to certain Qantas Airways Limited airplanes. Airbus stated that modification of the airplane as specified in Airbus Service Bulletin A330-25-3213, Revision 02, dated August 12, 2016, has the same impact on the airplane as the modification specified in Airbus Service Bulletin A330-25-3254, Revision 02, dated December 13, 2004. Airbus explained that the airplanes affected by proposed requirement are defined as configuration 01 in Airbus Service Bulletin A330-25-3534, Revision 02, dated May 18, 2015, which will be corrected at its next revision to remove the reference to optional Airbus Service Bulletin A330-25-3254, Revision 02, dated December 13, 2004.

    We agree with the commenters' requests. We have confirmed that modification of the airplane as specified in Airbus Service Bulletin A330-25-3254, Revision 02, dated December 13, 2004, is optional and applies only to certain Qantas Airways Limited airplanes. We have removed paragraphs (i) and (j)(3) from the proposed AD (in the SNPRM) and redesignated subsequent paragraphs accordingly.

    Changes to Final Rule

    Airbus has released Service Bulletin A330-25-3213, Revision 02, dated August 12, 2016. This service information revision specifies minor additional work to replace the fasteners of the cover of the cockpit door frame. We have determined that this minor change will not increase the overall cost estimates specified in the SNPRM or otherwise impose an additional burden on any operator. We have revised paragraph (h) of this AD to specify A330-25-3213, Revision 02, dated August 12, 2016, as an appropriate source of service information for accomplishing the required actions. We have removed Airbus Service Bulletin A330-25-3213, dated October 12, 2004, from paragraph (j)(2)(i) of the proposed AD (in the SNPRM) and redesignated subsequent paragraphs accordingly.

    Conclusion

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

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

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

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

    Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information.

    • Airbus Service Bulletin A330-25-3213, Revision 02, dated August 12, 2016. This service information describes procedures for modification of the upper cockpit door plate cover.

    • Airbus Service Bulletin A330-25-3534, Revision 02, dated May 18, 2015. This service information describes procedures for modifying the cockpit door frame structure and installing bonding-leads to the upper cockpit door frame.

    • Airbus Service Bulletin A340-25-4217, Revision 01, dated April 25, 2005. This service information describes procedures for modification of the upper cockpit door plate cover.

    • Airbus Service Bulletin A340-25-4349, Revision 02, dated September 4, 2015. This service information describes procedures for modifying the cockpit door frame structure and installing bonding-leads to the upper cockpit door frame.

    • Airbus Service Bulletin A340-25-5046, Revision 02, dated February 5, 2007. This service information describes procedures for modification of the upper cockpit door plate cover.

    • Airbus Service Bulletin A340-25-5212, Revision 01, dated October 27, 2014. This service information describes procedures for modifying the cockpit door frame structure and installing bonding-leads to the upper cockpit door frame.

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

    Costs of Compliance

    We estimate that this AD affects 70 airplanes of U.S. registry.

    We estimate that it would take about 53 work-hours per product to comply with the new basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts would cost about $2,430 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $485,450, or $6,935 per product.

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

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-25-31 Airbus: Amendment 39-18757; Docket No. FAA-2015-3631; Directorate Identifier 2015-NM-060-AD. (a) Effective Date

    This AD is effective February 7, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Airbus airplanes, certificated in any category, identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD, except airplanes on which Airbus Modification 203066, Modification 203074, or Modification 203372 has been embodied in production.

    (1) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes; all manufacturer serial numbers (MSNs); if modified in-service as specified in Airbus Service Bulletin A330-25-3161, or in production with Airbus Modification 50014.

    (2) Model A340-211, -212, -213, -311, -312, and -313 airplanes; all MSNs, if modified in-service as specified in Airbus Service Bulletin A340-25-4181, or in production with Airbus Modification 50014.

    (3) Model A340-541 airplanes and Model A340-642 airplanes; all MSNs.

    (d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/furnishings.

    (e) Reason

    This AD was prompted by reports of chafed wiring at the upper left corner of the cockpit door. The affected wire bundle was not grounded on the cockpit door frame. We are issuing this AD to prevent electrical shock injury to persons contacting the cockpit door.

    (f) Compliance

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

    (g) Door Modification and Installation

    Within 24 months after the effective date of this AD, modify the cockpit door frame structure and install bonding-leads to the upper cockpit door frame, in accordance with the Accomplishment Instructions of the applicable service information identified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD.

    (1) Airbus Service Bulletin A330-25-3534, Revision 02, dated May 18, 2015.

    (2) Airbus Service Bulletin A340-25-4349, Revision 02, dated September 4, 2015.

    (3) Airbus Service Bulletin A340-25-5212, Revision 01, dated October 27, 2014.

    (h) Cover Plate Modification of the Upper Flight Deck Door

    Except for airplanes on which Airbus Modification 52869 or Modification 53292 has been embodied in production: Prior to or concurrently with accomplishing the actions required by paragraph (g) of this AD, modify the upper cockpit door plate cover, in accordance with the Accomplishment Instructions of the applicable service information identified in paragraphs (h)(1), (h)(2), and (h)(3) of this AD.

    (1) For configuration 1 airplanes identified in Airbus Service Bulletin A330-25-3534, Revision 02, dated May 18, 2015: Airbus Service Bulletin A330-25-3213, Revision 02, dated August 12, 2016.

    (2) For airplanes identified in Airbus Service Bulletin A340-25-4349, Revision 02, dated September 4, 2015: Airbus Service Bulletin A340-25-4217, Revision 01, dated April 25, 2005.

    (3) For airplanes identified in Airbus Service Bulletin A340-25-5212, Revision 01, dated October 27, 2014: Airbus Service Bulletin A340-25-5046, Revision 02, dated February 5, 2007.

    (i) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Airbus Service Bulletin A330-25-3534, Revision 01, dated October 23, 2014; or Airbus Service Bulletin A340-25-4349, Revision 01, dated October 27, 2014, as applicable. These service bulletins are not incorporated by reference in this AD.

    (2) This paragraph provides credit for the actions required by paragraph (h) of this AD, if those actions were performed before the effective date of this AD using the applicable service information specified in paragraphs (i)(2)(i), (i)(2)(ii), and (i)(2)(iii) of this AD. This service information is not incorporated by reference in this AD.

    (i) Airbus Service Bulletin A340-25-4217, dated October 12, 2004.

    (ii) Airbus Service Bulletin A340-25-5046, dated October 12, 2004.

    (iii) Airbus Service Bulletin A340-25-5046, Revision 01, dated May 11, 2005.

    (j) Other FAA AD Provisions

    The following provisions also apply to this AD:

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

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

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

    (k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2015-0037, dated March 2, 2015, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3631.

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

    (l) Material Incorporated by Reference

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

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

    (i) Airbus Service Bulletin A330-25-3213, Revision 02, dated August 12, 2016.

    (ii) Airbus Service Bulletin A330-25-3534, Revision 02, dated May 18, 2015.

    (iii) Airbus Service Bulletin A340-25-4217, Revision 01, dated April 25, 2005.

    (iv) Airbus Service Bulletin A340-25-4349, Revision 02, dated September 4, 2015.

    (v) Airbus Service Bulletin A340-25-5046, Revision 02, dated February 5, 2007.

    (vi) Airbus Service Bulletin A340-25-5212, Revision 01, dated October 27, 2014.

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

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

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

    Issued in Renton, Washington, on December 6, 2016. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-30280 Filed 12-30-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF STATE 22 CFR Parts 120, 123, and 126 [Public Notice: 9811] RIN 1400-AE07 International Traffic in Arms Regulations: International Trade Data System, Reporting AGENCY:

    Department of State.

    ACTION:

    Final rule.

    SUMMARY:

    The Department of State amends the International Traffic in Arms Regulations (ITAR) to enable U.S. Customs and Border Protection (CBP) to implement the International Trade Data System (ITDS), which will allow businesses to electronically submit the data required to import or export cargo, as provided by Executive Order 13659 and the Security and Accountability for Every Port Act of 2006 (SAFE Port Act).

    DATES:

    This final rule is effective on December 31, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Mr. C. Edward Peartree, Director, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663-2792; email [email protected] ATTN: International Trade Data System, reporting.

    SUPPLEMENTARY INFORMATION:

    The Directorate of Defense Trade Controls (DDTC) of the Department of State regulates the export and temporary import of defense-related goods and defense services under the Arms Export Control Act (AECA) and its implementing regulations, the International Traffic in Arms Regulations (ITAR). This rule is being issued to conform DDTC's regulations to ITDS, “an electronic information exchange capability, or `single window', through which businesses will transmit data required by participating agencies for the importation or exportation of cargo” (Executive Order 13659, Sec. 3, Feb. 19, 2014). Executive Order 13659 requires government-wide implementation of ITDS by December 31, 2016. Additionally, Section 405 of the Security and Accountability for Every Port Act of 2006 (SAFE Port Act) mandates agency participation in ITDS for all Federal agencies that have oversight of imports and exports. A consortium of 47 Federal agencies led by CBP are implementing ITDS.

    ITDS represents a shift in the way that imports and exports are declared to CBP by importers and exporters engaged in international commerce. Traders will only need to create and submit a single set of data for each import or export, thus significantly reducing the paperwork and reporting burden currently experienced by importers and exporters. Beginning on December 31, 2016, traders will access the ITDS system via an integrated web portal hosted by CBP. Users may visit https://www.cbp.gov/trade/automated for more information on the single portal.

    Through the CBP Partner Government Agency (PGA) program, DDTC promulgated a PGA Message Set that requires traders to enter data relevant to DDTC's jurisdiction. Beginning December 31, 2016, when declaring permanent or temporary exports and/or temporary imports of defense articles controlled by the U.S. Munitions List (USML), traders will input data relevant to DDTC in CBP's electronic system(s). CBP will transmit the relevant shipment details to DDTC via an electronic data exchange, eliminating the need for traders to notify DDTC separately.

    This rule amends pertinent provisions throughout the ITAR to reflect this new submission mechanism and allow for successor systems to be put in place.

    This rule will make the following changes to the ITAR (22 CFR parts 120-130):

    Section 120.28—Listing of Forms Referred to in This Subchapter

    Section 120.28 is revised to strike the reference to the Automated Export System and add, in its place, “U.S. Customs and Border Protection's electronic system(s)”.

    Section 120.30—The Automated Export System (AES)

    Section 120.30 is removed and reserved.

    Section 123.4—Temporary Import License Exemptions

    Section 123.4(d)(2) is revised to strike the reference to the Automated Export System (AES) and add, in its place, instructions to electronically file information with CBP.

    Section 123.5—Temporary Export Licenses

    Section 123.5(b) is revised to update certain reporting procedures and to clarify that license information will be submitted to CBP electronically.

    Section 123.16—Exemptions of General Applicability

    Sections 123.16(b)(4) and (5) are revised to clarify that certifications will be sent to CBP electronically and not via hard copy.

    Section 123.17—Exports of Firearms, Ammunition, and Personal Protective Gear

    All references to AES in § 123.17 are struck and, in their place, instructions to electronically file with CBP are inserted. Additionally, § 123.17(g)(2) and (h) are revised to update certain documentation procedures.

    Section 123.22—Filing, Retention, and Return of Export Licenses and Filing of Export Information

    Section 123.22 of the ITAR is revised by making certain grammatical changes and to clarify procedures for the electronic reporting of exports and temporary imports of defense articles, services, and technical data pursuant to a license or other approval. All references to AES in § 123.22 are struck and, in their place, instructions to electronically file with CBP are inserted.

    Section 123.22(a) is revised to clarify electronic reporting procedures for exports. Paragraphs (a)(1) and (a)(2) are also revised for clarification of certain procedures.

    Section 123.22(b)(2) is revised to clarify that emergency shipment data shall no longer be required to be sent directly to DDTC, but rather be electronically declared to CBP, which will make the data available to DDTC via an electronic data exchange.

    Section 123.22(b)(3)(iii) is revised to update electronic reporting procedures for technical data and defense service exemptions.

    Section 123.22(c) is revised to strike a provision relating to the return of licenses and to reorder the sub-paragraphs.

    Section 123.24—Shipments by U.S. Postal Service

    Section 123.24 is revised to strike references to AES and insert, in their place, instructions to electronically file with CBP. The underlying content of this section is not affected by this change.

    Section 126.4—Shipments by or for United States Government Agencies

    Section 126.4(d) is amended by revising the first sentence to account for electronic reporting, and by striking the second sentence.

    Section 126.6—Foreign-Owned Military Aircraft and Naval Vessels, and the Foreign Military Sales Program

    Section 126.6(c) is revised to clarify certain procedures relating to the declaration of information to CBP, and to remove references to form DSP-94. Section 126.6(c)(5)(iii) is revised to require that the exporter provide CBP with a copy of the transportation plan under the Department of Defense National Industrial Security Program Operating Manual for shipments of classified defense articles exported pursuant to a Foreign Military Sale Letter of Offer and Acceptance. Section 126.6(c)(6)(iii) is revised to correct a punctuation error made in a previous rulemaking.

    Section 126.16—Exemption Pursuant to the Defense Trade Cooperation Treaty Between the United States and Australia

    Section 126.16(l) is revised to strike references to the Automated Export System and insert, in their place, instructions to electronically file with CBP. The underlying content of this section will not be affected by this change.

    Section 126.17—Exemption Pursuant to the Defense Trade Cooperation Treaty Between the United States and the United Kingdom

    Section 126.17(l) is revised to strike references to the Automated Export System and insert, in their place, instructions to electronically file with CBP. The underlying content of this section will not be affected by this change.

    Regulatory Analysis Administrative Procedure Act

    The Department of State is of the opinion that controlling the import and export of defense articles and services is a foreign affairs function of the United States Government and that rules implementing this function are exempt from sections 553 (rulemaking) and 554 (adjudications) of the Administrative Procedure Act. As this rule serves to implement the requirements of the Security and Accountability for Every Port Act of 2006 (Pub. L. 109-347), the Department of State is publishing this final rule using the “good cause” exception to the Administrative Procedure Act, as this rule is being published to fulfill the requirements outlined in Executive Order 13659. The Department has determined that public comment on this rulemaking would be impractical, unnecessary, and contrary to the public interest.

    Regulatory Flexibility Act

    Because this rulemaking is exempt from Section 553 of the Administrative Procedures Act, a Regulatory Flexibility Analysis is not required and has not been prepared.

    Unfunded Mandates Reform Act of 1995

    This rule does not involve a mandate that will result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

    Small Business Regulatory Enforcement Fairness Act of 1996

    The Department does not believe this rulemaking is a major rule within the definition of 5 U.S.C. 804.

    Executive Orders 12372 and 13132

    This rulemaking will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, the Department has determined that this rulemaking does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this rulemaking.

    Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess 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, distributed impacts, and equity). These executive orders stress the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Department has determined that the benefits of this rulemaking outweigh any cost to the public, which the Department believes will be minimal. OMB has designated this rule non-significant.

    Executive Order 12988

    The Department of State has reviewed the proposed amendment in light of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

    Executive Order 13175

    The Department of State has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not preempt tribal law. Accordingly, Executive Order 13175 does not apply to this rulemaking.

    Paperwork Reduction Act

    This rulemaking does not impose or revise any information collections subject to 44 U.S.C. Chapter 35.

    List of Subjects 22 CFR Part 120

    Approvals, Arms and munitions, Definitions, Forms.

    22 CFR Part 123

    Arms and munitions, Exemptions, Licenses, Reporting, Shipments.

    22 CFR Part 126

    Arms and munitions, General policies and provisions.

    For the reasons set forth above, title 22, chapter I, subchapter M, parts 120, 123 and 126 are amended as follows:

    PART 120—PURPOSE AND DEFINITIONS 1. The authority citation for part 120 continues to read as follows: Authority:

    Secs. 2, 38, and 71, Public Law 90-629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2797); 22 U.S.C. 2794; 22 U.S.C. 2651a; Public Law 105-261, 112 Stat. 1920; Public Law 111-266; Section 1261, Public Law 112-239; E.O. 13637, 78 FR 16129.

    2. Amend § 120.28 (b)(2) to read as follows:
    § 120.28 Listing of forms referred to in this subchapter.

    (b) * * *

    (2) Electronic Export Information submitted using U.S. Customs and Border Protection's electronic system(s).

    § 120.30 [Removed and Reserved]
    3. Remove and reserve § 120.30. PART 123—LICENSES FOR THE EXPORT AND TEMPORARY IMPORT OF DEFENSE ARTICLES 4. The authority citation for part 123 continues to read as follows: Authority:

    Secs. 2, 38, and 71, Public Law 90-629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2797); 22 U.S.C. 2753; 22 U.S.C. 2651a; 22 U.S.C. 2776; Public Law 105-261, 112 Stat.1920; Sec. 1205(a), Public Law 107-228; Sec 520, Public Law 112-55; Section 1261, Public Law 112-239; E.O. 13637, 78 FR 16129.

    5. Section 123.4 is amended by revising paragraph (d)(2) to read as follows:
    § 123.4 Temporary import license exemptions.

    (d) * * *

    (2) At the time of export, in accordance with the U.S. Customs and Border Protection (CBP) procedures, the Directorate of Defense Trade Controls (DDTC) registered and eligible exporter, or an agent acting on the filer's behalf, must electronically file the export information with CBP, identify 22 CFR 123.4 as the authority for the export, and provide, as requested by CBP, the entry document number or a copy of the CBP document under which the article was imported.

    6. Section 123.5 is amended by revising the last three sentences of paragraph (b) to read as follows:
    § 123.5 Temporary export licenses.

    (b) * * * The license for temporary export must be electronically submitted to U.S. Customs and Border Protection, unless electronic reporting of such information is unavailable, in which case U.S. Customs and Border Protection will issue instructions. In the event a physical license is required by U.S. Customs and Border Protection, the licensee is to retain the duly endorsed license for temporary export in accordance with § 123.22(b) of this subchapter. In the case of a military aircraft or vessel temporarily exported under its own power, evidence that the Department of State has duly authorized it to leave the United States must be readily available on board the aircraft or vessel.

    7. Section 123.16 is amended by revising the penultimate sentence of paragraph (b)(4), and the last sentence of paragraph (b)(5), to read as follows:
    § 123.16 Exemptions of general applicability.

    (b) * * *

    (4) * * * U.S. persons who avail themselves of this exemption must electronically submit a certification to U.S. Customs and Border Protection that these conditions are met, unless directed by U.S. Customs and Border Protection to provide such a certification in another manner. * * *

    (5) * * * U.S. persons who avail themselves of this exemption must electronically submit a certification to U.S. Customs and Border Protection that these conditions are met, unless directed by U.S. Customs and Border Protection to provide such a certification in another manner.

    8. Section 123.17 is amended by revising paragraphs (a)(2)(iii), (a)(3)(iii), (c)(1), (f)(1), the second sentence of paragraph (g)(2), and the penultimate sentence of paragraph (h) to read as follows:
    § 123.17 Exports of firearms, ammunition, and personal protective gear.

    (a) * * *

    (2) * * *

    (iii) The exporter makes an electronic declaration to U.S. Customs and Border Protection pursuant to § 123.22(a), and the exporter is eligible to export under this exemption pursuant to § 120.1(c) of this subchapter, unless the electronic submission of such declaration is unavailable, in which case U.S. Customs and Border Protection will issue instructions; or

    (3) * * *

    (iii) The exporter makes an electronic declaration to U.S. Customs and Border Protection pursuant to § 123.22(a), and the exporter is eligible to export under this exemption pursuant to § 120.1(c) of this subchapter, unless the electronic submission of such declaration is unavailable, in which case U.S. Customs and Border Protection will issue instructions.

    (c) * * *

    (1) The person declares the articles to a CBP officer upon each departure from the United States, presents the Internal Transaction Number from submission of the export information through CBP's electronic system(s) per § 123.22 (unless electronic reporting of such information is unavailable, in which case U.S. Customs and Border Protection will issue instructions), and the articles are presented to the CBP officer for inspection;

    (f) * * *

    (1) The person declares the articles to a CBP officer upon each departure from the United States, presents the Internal Transaction Number from submission of the export information through CBP's electronic system(s) per § 123.22 (unless electronic reporting of such information is unavailable, in which case U.S. Customs and Border Protection will issue instructions), and the articles are presented to the CBP officer for inspection;

    (g) * * *

    (2) * * * The person shall electronically submit documentation to this effect, along with the Internal Transaction Number from U.S. Customs and Border Protection's electronic system(s), unless electronic reporting of such information is unavailable, in which case U.S. Customs and Border Protection will issue instructions.

    (h) * * * The person shall electronically submit documentation to this effect, along with the Internal Transaction Number using U.S. Customs and Border Protection's electronic system(s), unless electronic reporting of such information is unavailable, in which case U.S. Customs and Border Protection will issue instructions. * * *

    9. Section 123.22 is amended by: a. Revising paragraph (a); b. Revising paragraphs (b)(1) introductory text, (b)(2) introductory text, (b)(2)(ii), and (b)(3)(iii); and c. Revising paragraph (c).

    The revisions read as follows:

    § 123.22 Filing, retention, and return of export licenses and filing of export information.

    (a) Any export, as defined in this subchapter, of a defense article controlled by this subchapter, to include defense articles transiting the United States, requires the electronic reporting of export information. The reporting of the export information shall be to the U.S. Customs and Border Protection using its electronic system(s), or directly to the Directorate of Defense Trade Controls (DDTC), as appropriate. Before the export of any hardware, via a license or other authorization, the DDTC registered applicant/exporter, or an agent acting on the filer's behalf, must electronically submit export information to U.S. Customs and Border Protection, unless electronic reporting is unavailable, in which case U.S. Customs and Border Protection will issue instructions (see paragraph (b) of this section). In addition to electronically providing the export information to U.S. Customs and Border Protection before export, all mandatory supporting documentation (e.g. attachments, certifications, proof of filing in U.S. Customs and Border Protection's system(s) such as the Internal Transaction Number (ITN)) must be submitted electronically, unless electronic reporting of such information is unavailable, in which case U.S. Customs and Border Protection will issue instructions.

    (1) If necessary, an export may be made through a port other than the one designated on the license if the exporter complies with the procedures established by U.S. Customs and Border Protection.

    (2) When a defense article is temporarily exported from the United States and subsequently moved from one destination authorized on a license to another destination authorized on the same or another temporary license, the applicant, or an agent acting on the applicant's behalf, must ensure that U.S. Customs and Border Protection decrements both temporary licenses to show the exit and entry of the hardware.

    (b) * * *

    (1) Filing of export information with the U.S. Customs and Border Protection. Before exporting any hardware controlled by this subchapter using a license or exemption, the DDTC registered applicant/exporter, or an agent acting on the filer's behalf, must electronically file the export information with U.S. Customs and Border Protection in accordance with the following timelines:

    (2) Emergency shipments of hardware that cannot meet the pre-departure filing requirements. U.S. Customs and Border Protection may permit an emergency export of hardware by truck or air by a U.S. registered person when the exporter is unable to comply with the Electronic Export Information (EEI) filing timeline in paragraph (b)(1)(i) of this section. The applicant, or an agent acting on the applicant's behalf, must provide documentation required by the U.S. Customs and Border Protection and this subchapter. The documentation provided to U.S. Customs and Border Protection must include the Internal Transaction Number (ITN) for the shipment and must be accompanied by an explanation for urgency. The export filing via U.S. Customs and Border Protection's electronic system(s) must be made at least two hours prior to any departure by air from the United States. When shipping via ground, the filing in U.S. Customs and Border Protection's electronic system(s) must be made when the exporter provides the articles to the carrier or at least one hour prior to departure from the United States, when the permanent export of the hardware has been authorized for export:

    (ii) On a valid license, and the ultimate recipient and ultimate end-user identified on the license is a foreign government.

    (3) * * *

    (iii) Technical data and defense service exemptions. In any instance when technical data is exported using an exemption in this subchapter (e.g., §§ 125.4(b)(2), 125.4(b)(4), 126.5) from a U.S. port, the exporter must provide the export data electronically to DDTC. A copy of the electronic notification to DDTC must accompany the technical data shipment and be made available to the U.S. Customs and Border Protection upon request.

    (c) Return of licenses. Licenses issued by the Directorate of Defense Trade Controls are subject to return requirements as follows:

    (1) A license issued electronically by DDTC and electronically decremented by U.S. Customs and Border Protection through its electronic system(s) is not required to be returned to DDTC. A copy of the license must be maintained by the applicant in accordance with § 122.5 of this subchapter.

    (2) Licenses issued by DDTC but not decremented by U.S. Customs and Border Protection through its electronic system(s) (e.g. oral or visual technical data releases) must be returned by the applicant, or the government agency with which the license was filed, to DDTC upon expiration, to include when the total authorized value or quantity has been shipped. A copy of the license must be maintained by the applicant in accordance with § 122.5 of this subchapter.

    (3) A license issued by DDTC but not used by the applicant does not need to be returned to DDTC, even when expired.

    (4) A license revoked by DDTC is considered expired and must be handled in accordance with paragraphs (c)(1) and (c)(2) of this section.

    10. Amend § 123.24 by revising paragraph (a) as follows:
    § 123.24 Shipments by U.S. Postal Service

    (a) The export of any defense hardware using a license or exemption in this subchapter by the U.S. Postal Service must be filed with U.S. Customs and Border Protection using its electronic system(s) and the license must be filed with U.S. Customs and Border Protection before any hardware is actually sent abroad by mail. The exporter must certify the defense hardware being exported in accordance with this subchapter by clearly marking on the package:

    “This export is subject to the controls of the ITAR, 22 CFR (identify section for an exemption) or (state license number) and the export has been electronically filed with U.S. Customs and Border Protection.”

    PART 126—GENERAL POLICIES AND PROVISIONS 11. The authority citation for part 126 continues to read as follows: Authority:

    Secs. 2, 38, 40, 42, and 71, Public Law 90-629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2780, 2791, and 2797); 22 U.S.C. 2651a; 22 U.S.C. 287c; E.O. 12918; 59 FR 28205; 3 CFR, 1994 Comp., p. 899; Sec. 1225, Public Law 108-375; Sec. 7089, Public Law 111-117, Public Law 111-266; Section 7045, Public Law 112-74; Section 7046, Public Law 112-74; E.O. 13637, 78 FR 16129.

    12. Section 126.4 is amended by revising paragraph (d) as follows:
    § 126.4 Shipments by or for United States Government agencies.

    (d) An Electronic Export Information (EEI) filing, and a statement by the exporter that these requirements have been met, must be submitted to U.S. Customs and Border Protection using its electronic system(s) at the time of export, unless electronic submission of such information is unavailable, in which case U.S. Customs and Border Protection or the Department of Defense transmittal authority will issue instructions.

    13. Section 126.6 is amended by revising paragraphs (c)(5)(ii), (c)(5)(iii), and (c)(6)(iii) as follows:
    § 126.6 Foreign-owned military aircraft and naval vessels, and the Foreign Military Sales program.

    (c) * * *

    (5) * * *

    (ii) At the time of shipment, U.S. Customs and Border Protection is provided the Electronic Export Information, Internal Transaction Number and any other documents required by U.S. Customs and Border Protection in carrying out its responsibilities. The invoices for the shipment must be annotated: “This shipment is authorized for export pursuant to 22 CFR 126.6(c), under FMS Case [insert case identification]. The U.S. Government point of contact is __, telephone number __,” and

    (iii) Any classified hardware and related technical data involved in the transfer must have the requisite U.S. Government security clearance and transportation plan and be shipped in accordance with the Department of Defense National Industrial Security Program Operating Manual. The exporter shall provide an electronic copy of the transportation plan via the U.S. Customs and Border Protection's electronic system(s), unless electronic reporting of such information is unavailable, in which case U.S. Customs and Border Protection will issue instructions, or

    (6) * * *

    (iii) In instances when the defense service involves the transfer of classified technical data, the U.S. person transferring the defense service must have the appropriate USG security clearance and a transportation plan, if appropriate, in compliance with the Department of Defense National Industrial Security Program Operating Manual.

    14. Section 126.16 is amended by revising paragraphs (l)(1)(xv) and (l)(2) introductory text to read as follows:
    § 126.16 Exemption pursuant to the Defense Trade Cooperation Treaty between the United States and Australia.

    (l) * * *

    (1) * * *

    (xv) The Internal Transaction Number for the Electronic Export Information filing using U.S. Customs and Border Protection's electronic system(s);

    (2) Filing of export information. All exporters of defense articles under the Defense Trade Cooperation Treaty between the United States and Australia and this section must electronically file Electronic Export Information (EEI) using U.S. Customs and Border Protection's electronic system(s), citing one of the four below referenced codes in the appropriate field in the EEI for each shipment:

    15. Section 126.17 is amended by revising paragraphs (l)(1)(xv) and (l)(2) introductory text to read as follows:
    § 126.17 Exemption pursuant to the Defense Trade Cooperation Treaty between the United States and the United Kingdom.

    (l) * * *

    (1) * * *

    (xv) The Internal Transaction Number for the Electronic Export Information filing using U.S. Customs and Border Protection's electronic system(s);

    (2) Filing of export information. All exporters of defense articles under the Defense Trade Cooperation Treaty between the United States and the United Kingdom and this section must electronically file Electronic Export Information (EEI) using U.S. Customs and Border Protection's electronic system(s), citing one of the four below referenced codes in the appropriate field in the EEI for each shipment:

    Dated: December 23, 2016. Thomas Countryman, Under Secretary (Acting), Arms Control and International Security, Department of State.
    [FR Doc. 2016-31655 Filed 12-29-16; 11:45 am] BILLING CODE 4710-25-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-1017] RIN 1625-AA00 Safety Zone; Lower Mississippi River, Natchez, MS AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a temporary safety zone for certain waters of the Lower Mississippi River. This action is necessary to provide for the safety of life on these navigable waters near the bluffs, Natchez, MS, during a fireworks display on December 31, 2016. The safety zone will cover all navigable waters between mile markers 363.4 and 364.4 in the Lower Mississippi River located near the bluffs in Natchez, MS. This rulemaking will prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Memphis (COTP) or a designated representative.

    DATES:

    This rule is effective from 9:40 p.m. on December 31, 2016 until 10:40 p.m. on January 1, 2017.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2016-1017 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this rulemaking, call or email Petty Officer Todd Manow, Waterways Management, Sector Lower Mississippi River, U.S. Coast Guard; telephone 901-521-4813, email [email protected]

    SUPPLEMENTARY INFORMATION:

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

    On August 12, 2016, Natchez Specialties notified the Coast Guard that it will be conducting a fireworks display from 10 to 10:15 p.m. on December 31, 2016, to celebrate New Year's Eve. The fireworks are to be launched from a barge in the Lower Mississippi River at mile marker 363.9 approximately 200 yards northwest of the bluffs in Natchez, MS at approximate position 31°33.83' N, 091°24.50' W. Hazards from firework displays include accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. The Captain of the Port Memphis (COTP) has determined that potential hazards associated with the fireworks to be used in this display would be a safety concern for anyone within an area on the Lower Mississippi River from mile marker 363.4 to mile marker 364.4.

    The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because, although the event sponsor originally submitted notice to the Coast Guard on August 12, 2016, final details of the event, safety zone requirements, and regulatory patrol parameters were not finalized until November of 2016. It is impracticable to publish an NPRM because we must establish this safety zone by December 31, 2016.

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

    III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The COTP has determined that potential hazards associated with this fireworks event would be a safety concern for anyone on the Lower Mississippi River from mile marker 363.4 to mile marker 364.4. Hazards from fireworks displays include accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. This rule is needed to ensure the safety of vessels and the navigable waters before, during, and after the scheduled event.

    IV. Discussion of the Rule

    This rule establishes a safety zone from 9:40 p.m. to 10:40 p.m. on December 31, 2016. In the case of inclement weather on December 31, 2016, this safety zone will be enforced from 9:40 p.m. until 10:40 p.m. on January 1, 2017. The safety zone will cover all navigable waters of the Lower Mississippi River from mile marker 363.4 to mile marker 364.4 in the vicinity of the bluffs in Natchez, MS at approximate position 31°33.83′ N, 091°24.50′ W. The duration of the zone is intended to ensure the safety of waterway users on these navigable waters before, during, and after the scheduled fireworks display. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The regulatory text appears at the end of this document.

    V. Regulatory Analyses

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

    A. Regulatory Planning and Review

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

    This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. Vessel traffic will be restricted from entering this safety zone which will impact a small designated area of the Lower Mississippi River for one hour during the evening of New Year's Eve. This safety zone may be ended early if conditions allow. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone, and the rule will allow vessels to seek permission to enter the zone.

    B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

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

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

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting one hour that would prohibit entry into a one mile stretch of the Lower Mississippi River, one half mile to either side of a fireworks barge. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist and Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

    G. Protest Activities

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

    List of Subjects in 33 CFR Part 165

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

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

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

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

    2. Add temporary § 165.T08-1017 to read as follows:
    § 165.T08-1017 Safety Zone; Mississippi River, Natchez, MS.

    (a) Location. The following area is a safety zone: All waters of the Lower Mississippi River from mile marker 363.4 to mile marker 364.4 in the vicinity of the fireworks launch platform at approximate position 31°33.83′ N, 091°24.50′ W, 200 yards northwest of the Natchez bluffs.

    (b) Effective dates and enforcement times. The safety zone will be in effect from 9:40 p.m. on December 31, 2016 until 10:40 p.m. on January 1, 2017. The safety zone will be enforced from 9:40 p.m. until 10:40 p.m. on December 31, 2016. In the case of inclement weather on December 31, 2016, this safety zone will be enforced from 9:40 p.m. until 10:40 p.m. on January 1, 2017.

    (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless specifically authorized by the Captain of the Port Memphis (COTP) or a designated representative.

    (2) Any vessel desiring to enter this safety zone must first obtain permission from the COPT or a designated representative, who may be contacted on VHF-FM Channel 16 or by telephone at 866-777-2784.

    (d) Informational broadcasts. The COTP or a designated representative will inform the public through broadcast notices to mariners of the enforcement periods for the safety zone.

    Dated: December 20, 2016. T. J. Wendt, Captain, U.S. Coast Guard, Captain of the Port, Memphis, Tennessee.
    [FR Doc. 2016-31729 Filed 12-30-16; 8:45 am] BILLING CODE 9110-04-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-HQ-OAR-2016-0690; FRL-9957-29-OAR] Extension of Deadline for Action on the November 2016 Section 126 Petition From Maryland AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    In this action, the Environmental Protection Agency (EPA) is determining that 60 days is insufficient time to complete the technical and other analyses and public notice-and-comment process required for our review of a petition submitted by the state of Maryland pursuant to section 126 of the Clean Air Act (CAA). The petition requests that the EPA make a finding that 36 electric generating units located in the states of Indiana, Kentucky, Ohio, Pennsylvania, and West Virginia emit air pollution that significantly contributes to nonattainment and interferes with maintenance of the 2008 and 2015 ozone national ambient air quality standards (NAAQS) in state of Maryland. Under section 307(d)(10) of CAA, the EPA is authorized to grant a time extension for responding to a petition if the EPA determines that the extension is necessary to afford the public, and the agency, adequate opportunity to carry out the purposes of the section 307(d) notice-and-comment rulemaking requirements. By this action, the EPA is making that determination. The EPA is therefore extending the deadline for acting on the petition to no later than July 15, 2017.

    DATES:

    This final rule is effective on January 3, 2017.

    ADDRESSES:

    The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2016-0690. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Benjamin Gibson, Office of Air Quality Planning and Standards (C545-E), U.S. EPA, Research Triangle Park, North Carolina 27709, telephone number (919) 541-3277, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background and Legal Requirements for Interstate Air Pollution

    This is a procedural action to extend the deadline for the EPA to respond to a petition from the state of Maryland filed pursuant to CAA section 126(b). The EPA received the petition on November 16, 2016. The petition requests that the EPA make a finding under section 126(b) of the CAA that the 36 electric generating units located in the states of Indiana, Kentucky, Ohio, Pennsylvania, and West Virginia are operating in a manner that emits air pollutants in violation of the provisions of section 110(a)(2)(D)(i)(I) of the CAA with respect to the 2008 and 2015 ozone NAAQS.

    Section 126(b) of the CAA authorizes states to petition the EPA to find that a major source or group of stationary sources in upwind states emits or would emit any air pollutant in violation of the prohibition of CAA section 110(a)(2)(D)(i) 1 by contributing significantly to nonattainment or maintenance problems in downwind states. Section 110(a)(2)(D)(i)(I) of the CAA prohibits emissions of any air pollutant in amounts which will contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any NAAQS. The petition asserts that emissions from 36 electric generating units emit air pollutants in violation of CAA section 110(a)(2)(D)(i)(I) with respect to the 2008 8-hour ozone NAAQS, set at 0.075 parts per million (ppm), and the revised 2015 8-hour ozone NAAQS, set at 0.070 ppm.2

    1 The text of CAA section 126 codified in the United States Code cross references CAA section 110(a)(2)(D)(ii) instead of CAA section 110(a)(2)(D)(i). The courts have confirmed that this is a scrivener's error and the correct cross reference is to CAA section 110(a)(2)(D)(i). See Appalachian Power Co. v. EPA, 249 F.3d 1032, 1040-44 (D.C. Cir. 2001).

    2 On October 1, 2015, the EPA strengthened the ground-level ozone NAAQS, based on extensive scientific evidence about ozone's effects on public health and welfare. See 80 FR 65291 (October 26, 2015).

    Pursuant to CAA section 126(b), the EPA must make the finding requested in the petition, or must deny the petition within 60 days of its receipt. Under CAA section 126(c), any existing sources for which the EPA makes the requested finding must cease operations within 3 months of the finding, except that the source may continue to operate if it complies with emission limitations and compliance schedules (containing increments of progress) that the EPA may provide to bring about compliance with the applicable requirements as expeditiously as practical but no later than 3 years from the date of the finding.

    CAA section 126(b) further provides that the EPA must hold a public hearing on the petition. The EPA's action under section 126 is also subject to the procedural requirements of CAA section 307(d). See CAA section 307(d)(1)(N). One of these requirements is notice-and-comment rulemaking, under section 307(d)(3)-(6).

    In addition, CAA section 307(d)(10) provides for a time extension, under certain circumstances, for a rulemaking subject to CAA section 307(d). Specifically, CAA section 307(d)(10) provides:

    Each statutory deadline for promulgation of rules to which this subsection applies which requires promulgation less than six months after date of proposal may be extended to not more than six months after date of proposal by the Administrator upon a determination that such extension is necessary to afford the public, and the agency, adequate opportunity to carry out the purposes of the subsection.

    CAA section 307(d)(10) may be applied to section 126 rulemakings because the 60-day time limit under CAA section 126(b) necessarily limits the period for promulgation of a final rule after proposal to less than 6 months.

    II. Final Rule A. Rule

    In accordance with CAA section 307(d)(10), the EPA is determining that the 60-day period afforded by CAA section 126(b) for responding to the petition from the state of Maryland is not adequate to allow the public and the agency the opportunity to carry out the purposes of CAA section 307(d). Specifically, the 60-day period is insufficient for the EPA to complete the necessary technical review, develop an adequate proposal, and allow time for notice and comment, including an opportunity for public hearing, on a proposed finding regarding whether the 36 electric generating units identified in the CAA section 126 petition contribute significantly to nonattainment or interferes with maintenance of the 2008 ozone NAAQS or the 2015 ozone NAAQS in Maryland. Moreover, the 60-day period is insufficient for the EPA to review and develop response to any public comments on a proposed finding, or testimony supplied at a public hearing, and to develop and promulgate a final finding in response to the petition. The EPA is in the process of determining an appropriate schedule for action on the CAA section 126 petition. This schedule must afford the EPA adequate time to prepare a proposal that clearly elucidates the issues to facilitate public comment, and must provide adequate time for the public to comment and for the EPA to review and develop responses to those comments prior to issuing the final rule. As a result of this extension, the deadline for the EPA to act on the petition is July 15, 2017.

    B. Notice and Comment Under the Administrative Procedure Act (APA)

    This document is a final agency action, but may not be subject to the notice-and-comment requirements of the APA, 5 U.S.C. 553(b). The EPA believes that, because of the limited time provided to make a determination, the deadline for action on the CAA section 126 petition should be extended. Congress may not have intended such a determination to be subject to notice-and-comment rulemaking. However, to the extent that this determination otherwise would require notice and opportunity for public comment, there is good cause within the meaning of 5 U.S.C. 553(b)(3)(B) not to apply those requirements here. Providing for notice and comment would be impracticable because of the limited time provided for making this determination, and would be contrary to the public interest because it would divert agency resources from the substantive review of the CAA section 126 petition.

    C. Effective Date Under the APA

    This action is effective on January 3, 2017. Under the APA, 5 U.S.C. 553(d)(3), agency rulemaking may take effect before 30 days after the date of publication in the Federal Register if the agency has good cause to mandate an earlier effective date. This action—a deadline extension—must take effect immediately because its purpose is to extend by 6 months the deadline for action on the petition. As discussed earlier, the EPA intends to use the 6-month extension period to develop a proposal on the petition and provide time for public comment before issuing the final rule. It would not be possible for the EPA to complete the required notice and comment and public hearing process within the original 60-day period noted in the statute. These reasons support an immediate effective date.

    III. Statutory and Executive Order Reviews A. Executive Orders 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory

    This action is exempt from review by the Office of Management and Budget because it simply extends the date for the EPA to take action on a petition.

    B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under the PRA. This good cause final action simply extends the date for the EPA to take action on a petition and does not impose any new obligations or enforceable duties on any state, local or tribal governments or the private sector. It does not contain any recordkeeping or reporting requirements.

    C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to rules subject to notice-and-comment rulemaking requirements under the APA, 5 U.S.C. 553, or any other statute. This rule is not subject to notice-and-comment requirements because the agency has invoked the APA “good cause” exemption under 5 U.S.C. 553(b).

    D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector.

    E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.

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

    This action does not have tribal implications, as specified in Executive Order 13175. This good cause final action simply extends the date for the EPA to take action on a petition. Thus, Executive Order 13175 does not apply to this rule.

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

    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 concern an environmental health risk or safety risk.

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

    This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.

    I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. This good cause final action simply extends the date for the EPA to take action on a petition and does not have any impact on human health or the environment.

    K. Congressional Review Act (CRA)

    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. The CRA allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice-and-comment rulemaking procedures are impracticable, unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The EPA has made a good cause finding for this rule as discussed in Section II.B of this document, including the basis for that finding.

    IV. Statutory Authority

    The statutory authority for this action is provided by sections 110, 126 and 307 of the CAA as amended (42 U.S.C. 7410, 7426 and 7607).

    V. Judicial Review

    Under section 307(b)(1) of the CAA, judicial review of this final rule is available only by the filing of a petition for review in the U.S. Court of Appeals for the appropriate circuit by March 6, 2017. Under section 307(b)(2) of the CAA, the requirements that are the subject of this final rule may not be challenged later in civil or criminal proceedings brought by us to enforce these requirements.

    List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practices and procedures, Air pollution control, Electric utilities, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Ozone.

    Dated: December 15, 2016. Gina McCarthy, Administrator.
    [FR Doc. 2016-31258 Filed 12-30-16; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 414, 416, 419, 482, 486, 488, and 495 [CMS-1656-CN] RIN 0938-AS82 Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Organ Procurement Organization Reporting and Communication; Transplant Outcome Measures and Documentation Requirements; Electronic Health Record (EHR) Incentive Programs; Payment to Nonexcepted Off-Campus Provider-Based Department of a Hospital; Hospital Value-Based Purchasing (VBP) Program; Establishment of Payment Rates Under the Medicare Physician Fee Schedule for Nonexcepted Items and Services Furnished by an Off-Campus Provider-Based Department of a Hospital; Correction and Extension of Comment Period AGENCY:

    Centers for Medicare & Medicaid Services (CMS), HHS.

    ACTION:

    Correction and extension of comment period for final rule and interim final rule.

    SUMMARY:

    This document corrects technical errors that appeared in the final rule with comment period and interim final rule with comment period published in the Federal Register on November 14, 2016, entitled “Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Organ Procurement Organization Reporting and Communication; Transplant Outcome Measures and Documentation Requirements; Electronic Health Record (EHR) Incentive Programs; Payment to Nonexcepted Off-Campus Provider-Based Department of a Hospital; Hospital Value-Based Purchasing (VBP) Program; Establishment of Payment Rates under the Medicare Physician Fee Schedule for Nonexcepted Items and Services Furnished by an Off-Campus Provider-Based Department of a Hospital.”

    This document extends the comment period to January 3, 2017 for both the final rule with comment period and the interim final rule with comment period.

    DATES:

    Effective date: This correction is effective January 1, 2017.

    Comment period: The comment period for the final rule and interim final rule, published November 14, 2016 (81 FR 79562), is extended to 5 p.m. E.S.T. on January 3, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Hospital Outpatient Prospective Payment System (OPPS), contact Lela Strong (410) 786-3213.

    Electronic Health Record (EHR) Incentive Programs, contact Kathleen Johnson (410) 786-3295 or Steven Johnson (410) 786-3332.

    Hospital Outpatient Quality Reporting (OQR) Program Administration, Validation, and Reconsideration Issues, contact Elizabeth Bainger at (410) 786-0529

    SUPPLEMENTARY INFORMATION:

    I. Background

    In FR Doc. 2016-26515 of November 14, 2016 (81 FR 79562), titled “Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Organ Procurement Organization Reporting and Communication; Transplant Outcome Measures and Documentation Requirements; Electronic Health Record (EHR) Incentive Programs; Payment to Certain Off-Campus Outpatient Departments of a Provider; Hospital Value-Based Purchasing (VBP) Program; Establishment of Payment Rates Under the Medicare Physician Fee Schedule for Nonexcepted Items and Services Furnished by an Off-Campus Provider-Based Department of a Hospital” (hereinafter referred to as the CY 2017 OPPS/ASC final rule), there were a number of technical errors that are identified and corrected in the Correction of Errors section below. The provisions in this correction document are effective as if they had been included in the document published November 14, 2016. Accordingly, the corrections are effective January 1, 2017.

    II. Extension of Comment Period

    We are extending the comment period. We inadvertently scheduled the comment period to end on December 31, 2016, a Saturday. We ordinarily do not end the comment period on a weekend or federal holiday. Therefore, we are extending the comment period for the final rule and interim final rule to end on the next business day, January 3, 2017.

    III. Summary of Errors A. Errors in the Preamble 1. Hospital Outpatient Prospective Payment System (OPPS) Corrections

    On page 79566, in the Table of Contents, we inadvertently included a title that referred to the CY 2017 OPPS/ASC proposed rule instead of the final rule with comment period. We are correcting the title in this correcting document. On the same page, in the table of contents, we made a typographical error in the title of the sixth item, which we are correcting to match the title in the preamble of the document.

    On page 79569, we incorrectly stated estimated total payments to OPPS providers as $773 million. We have corrected this figure to be $64 billion.

    On page 79582, we incorrectly stated that status indicator “J1” procedure claims with modifier “50” were included in the C-APC claims accounting and the complexity adjustment evaluations as of January 1, 2015.” Instead, these claims were included in the C-APC complexity adjustment evaluations presented in the CY 2017 OPPS/ASC final rule with comment period. The results of these evaluations were included in the C-APC complexity adjustment evaluations tab of Addendum J to the CY 2017 OPPS/ASC final rule with comment period.

    On pages 79584, we inadvertently omitted discussion of one of the recommendations from the August 2016 meeting of the Advisory Panel on Hospital Outpatient Payment (HOP Panel). The HOP Panel recommended that, “CMS provide further information and data for stakeholders to review on how comprehensive APCs are created and their effects; and CMS provide more time for the public to review the information and make proposals to the Panel.” In this correcting document, we address this recommendation.

    On page 79587, due to the change in OPPS payment rates as a result of the updated OPPS weight scaler, we are also updating the payment rate listed for C-APC 5244 (Level 4 Blood Product Exchange and Related Services).

    On page 79595, we made technical errors by inadvertently excluding the wage index data for 6 providers in Alaska, Virginia, Ohio, Mississippi, and Puerto Rico when calculating the weight scaler for budget neutrality. We have corrected the weight scaler for budget neutrality to include the wage index data for those 6 providers, which results in a change of the weight scaler from 1.4208 to 1.4214. This revised weight scaler affects all payments that are scaled for budget neutrality. As a result we are also providing corrected addenda as described in the “Summary of Errors and Corrections to the OPPS and ASC Addenda Posted on the CMS Web site” section below.

    On pages 79607 through 79608, we use the payment rates available in Addenda A and B to display calculation of adjusted payment and copayment. Due to the change in OPPS payment rates as a result of the updated OPPS weight scaler, we are also updating the payment and copayment numbers used in the example to reflect the corrections.

    On page 79621, due to the change in OPPS payment rates as a result of the updated OPPS weight scaler, we are also updating the payment rates in Table 13—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Auditory Osseointegrated Procedures (81 FR 79621) for CPT codes 69714, 69715, 69717, and 69718.

    On page 79622, due to the change in OPPS payment rates as a result of the updated OPPS weight scaler, we are also updating the payment rates in Table 14—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for CPT Codes 28297 and 28740.

    On page 79624, due to the change in OPPS payment rates as a result of the updated OPPS weight scaler, we are also updating the payment rates in Table 16—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Percutaneous Vertebral Augmentation/Kyphoplasty Procedures.

    On page 79627, due to the change in OPPS payment rates as a result of the updated OPPS weight scaler, we are also updating the payment rates in Table 18—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Transcranial Magnetic Stimulation (TMS) Therapy Codes.

    On page 79629, due to the change in OPPS payment rates as a result of the updated OPPS weight scaler, we are updating the payment rates for CPT code 75571 to $59.86, for CPT code 77080 to $112.73, and for APC 5822 (Level 2 Health and Behavior Services) to $70.26 for CY 2017.

    On pages 79636 through 79637, due to the change in OPPS payment rates as a result of the updated OPPS weight scaler, we are also updating the payment rates in Table 23—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Transprostatic Urethral Implant Procedures.

    On pages 79638 through 79639, due to the change in OPPS payment rates as a result of the updated OPPS weight scaler, we are also updating the payment rates in Table 25—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates Certain Cryoablation Procedures.

    On page 79641, due to the change in OPPS payment rates as a result of the updated OPPS weight scaler, we are also updating the payment rates in Table 28—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Dialysis Circuit Procedures.

    On page 79643, due to the change in OPPS payment rates as a result of the updated OPPS weight scaler, we are also updating the payment rate for CPT code 77371 to $7,455.99 as well as the payment rates in Table 30—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Magnetic Resonance Image Guided High Intensity Focused Ultrasound (MRgFUS) Procedures.

    On page 79645, due to the change in OPPS payment rates as a result of the updated OPPS weight scaler, we are also updating the payment rates in Table 32—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Smoking and Tobacco Use Cessation Counseling Services.

    On page 79647, we used imprecise language in describing HCPCS codes G0237, G0238, and G0239. Specifically, we stated that “we believe that we should reassign HCPCS codes G0237, G0238, and G0239 to status indictor “S” because these codes also describe pulmonary rehabilitation services.” We are clarifying that these codes describe respiratory treatment services. We acknowledge that the original language could be interpreted to mean that these codes describe pulmonary rehabilitation services, which was not our intent.

    On page 79648, due to the change in OPPS payment rates as a result of the updated OPPS weight scaler, we are also updating the payment rates in Table 34—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Pulmonary Rehabilitation Services.

    On page 79662, we incorrectly made certain Status Indicator (SI) and APC assignments in Table 35—Drugs and Biologicals For Which Pass-Through Payment Status Expires December 31, 2016. Specifically, we incorrectly assigned a SI of “N” (Items and Services Packaged into APC Rates) to a number of drugs that should have been assigned a SI of “K” (Nonpass-Through Drugs and Nonimplantable Biologicals, Including Therapeutic Radiopharmaceuticals). These drugs have also been assigned to APCs for CY 2017. Additionally, on page 79662, we incorrectly described two Long Descriptors (for HCPCS codes J7181 and 7201) that were displayed in Table 35. These Long Descriptors have been revised for CY 2017.

    On page 79664, we incorrectly described two Long Descriptors (for HCPCS codes A9587 and A9588) that were displayed in Table 36—Drugs and Biologicals With Pass-Through Payment Status in CY 2017. These Long Descriptors have been revised for CY 2017.

    On page 79671, we made technical errors to the description of certain Healthcare Common Procedure Coding System (HCPCS) codes that appeared in Table 37—Skin Substitute Assignments to High Cost and Low Cost Groups for CY 2017. Specifically, we are removing HCPCS codes Q4119, Q4120, and Q4129 to accurately show that these codes were deleted on December 31, 2016, and should not have appeared in Table 37. These codes were correctly assigned to OPPS SI “D” in the OPPS Addendum B that was released with the CY 2017 OPPS/ASC final rule.

    On page 79708, we used imprecise language in the summary of final policy on how we would apply the “billing.-. . prior to November 2, 2015,” statutory language in determining whether an off-campus PBD is excepted or not. Specifically, we stated in the preamble that “off campus PBDs would be eligible to receive OPPS payment as excepted off- campus PBDs for services that were furnished prior to November 2, 2015, and billed under the OPPS in accordance with timely filing limits.” We are clarifying that the policy is not specific to services, but rather so long as an off-campus PBD furnished a covered OPD service prior to November 2, 2015 and billed the OPPS within timely filing limits for that service that the off-campus PBD would be excepted from payment adjustment under the final section 603 payment policy for the items and services the off-campus PBD furnishes on or after January 1, 2017. As noted in the sentence prior (81 FR 79708), we agreed with the commenters that an interpretation of the “billing under this subsection with respect to covered OPD services furnished prior to [November 2, 2015]” statutory language could allow for an exception for off-campus PBDs that furnished a covered OPD service prior to November 2, 2015, but had not submitted a bill to Medicare for such service prior to November 2, 2015.

    On page 79719, we described the changes to regulation and incorrectly stated the effective date to implement section 603 of Public Law 114-74 is effective January 1, 2017, for cost reporting periods beginning January 1, 2017. The effective date is for items and services furnished on or after January 1, 2017, regardless of when the cost reporting period begins. We have corrected this language to delete the reference to cost reporting periods.

    On pages 79869 through 79870, we provided and described Table 52—Estimated Impact of the CY 2017 Changes for the Hospital Outpatient Prospective Payment System, based on rates which applied the incorrect scaler. We have updated the impact table and the description of the table to reflect these corrections.

    On Page 79877, we incorrectly described implementation of Section 603 of the Bipartisan Budget Act of 2015 as reducing OPPS payments by $500 million in 2017. We have corrected this estimate to be a reduction of total Part B payments by $50 million in 2017.

    2. Ambulatory Surgical Center (ASC) Payment System Corrections

    On pages 79741 through 79742, in the discussion of additions to the list of ASC covered surgical procedures, we incorrectly stated that CPT code 22851 (Application of intervertebral biomechanical device(s) (e.g., synthetic cage(s), methlmethacrylate) to vertebral defect or interspace (List separately in addition to code for primary procedure)) was deleted effective April 13, 2016. This code was deleted effective December 31, 2016.

    On page 79743 in Table 51—Additions to the List of ASC Covered Surgical Procedures for CY 2017 (81 FR 79743), we inadvertently excluded CPT code 22585 (Arthrodesis, anterior interbody technique, including minimal discectomy to prepare interspace (other than for decompression); each additional interspace (List separately in addition to code for primary procedure)). This code has a CY 2017 ASC payment indicator of N1.

    On pages 79752 through 79753, we inadvertently published an incorrect ASC conversion factor of $45.030 for ASCs that meet the quality reporting requirements. Also, on pages 79752 through 79753, we inadvertently published an incorrect ASC wage index budget neutrality adjustment of 0.9996 that is being corrected to 0.9997. For ASCs that do not meet the quality reporting requirements, we finalized an ASC conversion factor of $44.330. The ASC conversion factor for ASCs that meet the quality reporting requirements is the product of the CY 2016 conversion factor multiplied by the wage index budget neutrality adjustment of 0.9997 and the MFP-adjusted CPI-U payment update (81 FR 79752 to 79753). We have since determined that the 2016 conversion factor of $44.190 used to calculate the CY 2017 conversion factor is incorrect. The corrected 2016 ASC conversion factor for ASCs that meet the quality reporting requirements is $44.177, as finalized in the CY 2016 final rule with comment period (80 FR 70501). Using the correct 2016 ASC conversion factor of $44.177, we have recalculated the 2017 ASC conversion factor to be $45.003 for ASCs that meet quality reporting requirements and a conversion factor of $44.120 for ASCs that do not meet quality reporting requirements. The corrected conversion factor will slightly change payment for some ASC services; therefore we have revised payment rates in ASC addendum AA and addendum BB.

    3. Interim Final Rule with Comment Period Corrections

    On page 79725, we referenced table X.B.2, but did not include the table in the interim final rule with comment period. This table, Payment for Nonexcepted Items and Services by OPPS Status Indicator, has been posted to the CMS Web site at https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/HospitalOutpatientPPS/Downloads/CMS-1656-FC-2017-OPPS-Status-Indicator.zip.

    4. Hospital Outpatient Quality Reporting Program Correction

    On page 79784, there was a typographical error in the table entitled “Previously Finalized and Newly Finalized Hospital OQR Program Measure Set for the CY 2020 Payment Determination and Subsequent Years”. As listed in the table, the measure OP-30: Colonoscopy Interval for Patients with a History of Adenomatous Polyps—Avoidance of Inappropriate Use incorrectly included three asterisks after the name Three asterisks indicates that a measure is voluntary. This measure should have had only two asterisks to indicate that the measure name was updated to reflect the National Quality Forum title, not three, as it is not a voluntary measure. Accordingly, we are correcting the table and updating the number of asterisks next to OP-30 from three to two asterisks.

    B. Regulation Text Corrections 1. OPPS Corrections

    To implement the provisions of section 1833(t) of the Act, as amended by section 603 of Public Law 114-74, in the CY 2017 OPPS/ASC final rule with comment period, we amended the Medicare regulations by (1) adding a new paragraph (v) to § 419.22 to specify that, effective January 1, 2017, for cost reporting periods beginning January 1, 2017, excluded from payment under the OPPS are items and services that are furnished by an off-campus provider-based department that do not meet the definition of excepted items and services; and (2) adding a new § 419.48 that sets forth the definition of excepted items and services, and also the definition of “excepted off-campus provider-based department”. On page 79879, we incorrectly stated that the effective date was based on cost reporting periods and are striking that language. Also, on page 79880, we incorrectly implied that on-campus provider-based departments that furnish services after November 2, 2015, could no longer bill under the OPPS in the regulation text at 419.48(b). In addition, on page 79880, in the regulation text at 419.48(b), the definition of an “excepted off-campus provider-based department” does not accurately state that the department of a provider must also have billed within timely filing limits. The revised regulation text corrects these technical errors.

    2. Electronic Health Record (EHR) Incentive Programs Corrections

    In the CY 2017 OPPS/ASC final rule, we inadvertently omitted amendments to § 495.40 that were included in an earlier-published final rule with comment period titled “Medicare Program; Merit-Based Incentive Payment System (MIPS) and Alternative Payment Model (APM) Incentive Under the Physician Fee Schedule, and Criteria for Physician-Focused Payment Models” (referred to as the Quality Payment Program (QPP) final rule) (81 FR 77008, 77556-77557, November 4, 2016). We are making the corrections to § 495.40 described below in order to preserve the earlier amendments to that section as finalized in the QPP final rule.

    On page 79892, in § 495.40, “Demonstration of meaningful use criteria,” paragraph (a), “Demonstration by EPs,” we inadvertently omitted a reference to § 495.22 in the introductory text. We are correcting the introductory text to state that an EP must demonstrate that he or she satisfies each of the applicable objectives and associated measures under § 495.20, § 495.22, or § 495.24. Additionally, we are correcting the introductory text to include the phrase “supports information exchange and the prevention of health information blocking, and engages in activities related to supporting providers with the performance of CEHRT:” as finalized in the QPP final rule (81 FR 77556), which updates requirements for demonstration of meaningful use to include activities related to health information technology.

    On page 79892, in § 495.40, “Demonstration of meaningful use criteria,” we are correcting the inadvertent omission of § 495.40(a)(2)(i)(H) and (I) as finalized in the QPP final rule (81 FR 77556), which revise attestation requirements and require EPs to attest their cooperation with certain authorized health IT surveillance and direct review activities as part of demonstrating meaningful use under the Medicare and Medicaid EHR Incentive Programs.

    On page 79892, in § 495.40, “Demonstration of meaningful use criteria,” paragraph (b), “Demonstration by eligible hospitals and CAHs,” we inadvertently omitted a cross reference to § 495.22 in the introductory text. We are correcting the introductory text to state that an eligible hospital or CAH must demonstrate that it satisfies each of the applicable objectives and associated measures under § 495.20, § 495.22, or § 495.24. Additionally, we are correcting the introductory text to include the phrase “supports information exchange and the prevention of health information blocking, and engages in activities related to supporting providers with the performance of CEHRT:” as finalized in the QPP (81 FR 77556), which updates the requirements for demonstration of meaningful use to include activities related to health information technology.

    On page 79892, in § 495.40 (b), “Demonstration by eligible hospitals and CAHs,” we are correcting the inadvertent omission of § 495.40 (b)(2)(i)(H) and (I) as finalized in the QPP final rule (81 FR 77556 through 77557), which revises attestation requirements and requires eligible hospitals and CAHs to attest their cooperation with certain authorized health IT surveillance and direct review activities as part of demonstrating meaningful use under the Medicare and Medicaid EHR Incentive Programs.

    C. Summary of Errors and Corrections to the OPPS and ASC Addenda Posted on the CMS Web site

    In Addendum J, on the Complexity Adjustment tab, CPT code 36908—Transcatheter placement of an intravascular stent(s), central dialysis segment, performed through dialysis circuit, including all imaging radiological supervision and interpretation required to perform the stenting, and all angioplasty in the central dialysis segment (List separately in addition to code for primary procedure) was incorrectly written as 368x8. Also, CPT code 24200 (Removal of foreign body, upper arm or elbow; subcutaneous) was incorrectly excluded from Addendum J. The revised version of Addendum J is available via the Internet on the CMS Web site.

    The payment and copayment rates in Addendum A (Final OPPS APCs for CY 2017), Addendum B (Final OPPS Payment by HCPCS Code for CY 2017), Addendum C (Final HCPCS Codes Payable Under the 2017 OPPS by APC), ASC Addendum AA (Final ASC Covered Surgical Procedures for CY 2016 (Including Surgical Procedures for Which Payment is Packaged)), ASC Addendum BB (Final ASC Covered Ancillary Services Integral to Covered Surgical Procedures for CY 2016 (Including Ancillary Services for Which Payment is Packaged)) and the payment rates in the 2017 Drug, Blood, Brachytherapy Costs Statistics file that were published on the CMS Web site in conjunction with the CY 2017 OPPS/ASC Final Rule with comment period have been updated to reflect corrections to the weight scaler. The payment rates included in the corrected versions of the Addenda have also been corrected within the text of the CY 2017 OPPS/ASC Final Rule with comment period, as well as under the columns titled “Final CY 2017 OPPS Payment Rate” in Tables 13, 14, 16, 18, 23, 25, 28, 30, 32, and 34.

    IV. Waiver of Proposed Rulemaking and Delay in Effective Date

    Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), the agency is required to publish a notice of the proposed rule in the Federal Register before the provisions of a rule take effect. Similarly, section 1871(b)(1) of the Act requires the Secretary to provide for notice of the proposed rule in the Federal Register and provide a period of not less than 60 days for public comment. In addition, section 553(d) of the APA, and section 1871(e)(1)(B)(i) mandate a 30-day delay in effective date after issuance or publication of a rule. Sections 553(b)(B) and 553(d)(3) of the APA provide for exceptions from the notice and comment and delay in effective date APA requirements; in cases in which these exceptions apply, sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Act provide exceptions from the notice and 60-day comment period and delay in effective date requirements of the Act as well. Section 553(b)(B) of the APA and section 1871(b)(2)(C) of the Act authorize an agency to dispense with normal rulemaking requirements for good cause if the agency makes a finding that the notice and comment process are impracticable, unnecessary, or contrary to the public interest. In addition, both section 553(d)(3) of the APA and section 1871(e)(1)(B)(ii) of the Act allow the agency to avoid the 30-day delay in effective date where such delay is contrary to the public interest and an agency includes a statement of support.

    We believe that this correcting document does not constitute a rulemaking that would be subject to these requirements. This correcting document corrects technical and typographic errors in the preamble, addenda, payment rates, tables, and appendices included or referenced in the CY 2017 OPPS/ASC final rule with comment period and interim final rule with comment period but does not make substantive changes to the policies or payment methodologies that were adopted in the final rule with comment period and interim final rule with comment period. As a result, the corrections made through this correcting document are intended to ensure that the information in the CY 2017 OPPS/ASC final rule with comment period and interim final rule with comment period accurately reflects the policies adopted in those rules.

    In addition, even if this were a rulemaking to which the notice and comment procedures and delayed effective date requirements applied, we find that there is good cause to waive such requirements. Undertaking further notice and comment procedures to incorporate the corrections in this document into the final rule with comment period and interim final rule with comment period or delaying the effective date would be contrary to the public interest because it is in the public's interest for providers to receive appropriate payments in as timely a manner as possible, and to ensure that the CY 2017 OPPS/ASC final rule with comment period and interim final rule with comment period accurately reflect our policies as of the date they take effect and are applicable.

    Furthermore, such procedures would be unnecessary, as we are not altering our payment methodologies or policies, but rather, we are simply correctly implementing the policies that we previously proposed, received comment on, and subsequently finalized. This correcting document is intended solely to ensure that the CY 2017 OPPS/ASC final rule with comment period and interim final rule with comment period accurately reflects these payment methodologies and policies. For these reasons, we believe we have good cause to waive the notice and comment and effective date requirements.

    V. Correction of Errors

    In FR Doc. 2016-26515 of November 14, 2016 (81 FR 79562), make the following corrections:

    Preamble Corrections

    1. On page 79566, third column,

    a. In line 44, Table of Contents, the title “5. Summary of Proposals” is corrected to read “5. Summary of Final Policies”.

    b. In line 45, Table of Contents, the title “6. Final Changes to Regulations” is corrected to read “6. Changes to Regulations”.

    2. On page 79569, second column, second full paragraph, under the bulleted item, “OPPS Update,” in line 20, replace “$773 million” with “$64 billion”.

    3. On page 79582, third column, second full paragraph, under a response to public comment, in lines 29 through 34, the last sentence of the paragraph is corrected to read “Status indicator “J1” procedure claims with modifier “50” will be included in the complexity adjustment evaluation for CY 2017. This evaluation can be found in Addendum J to the CY 2017 OPPS/ASC final rule with comment period.”

    4. On page 79584, first column, first partial paragraph, in line 21, the following language is inserted after “. . . analyses of the C-APC payment policy.” and before “Regarding the comment about creating. . . .”: We are accepting the recommendation that the HOP Panel made at the August 22, 2016 meeting to “provide further information and data for stakeholders to review on how comprehensive APCs are created and their effects and to provide more time for the public to review the information and make proposals to the Panel.” We plan to provide the results of an analysis of our comprehensive packaging policies in CY 2017. In addition, we will consider scheduling future HOP Panel meetings on a date that allows stakeholders as much time as is practicable subsequent to display of the proposed rule to analyze and review our proposed policies and other data prior to the meeting.

    5. On page 79587, third column, first full paragraph, in line 16, replace “$27,752” with “$27,764”.

    6. On page 79595, third column, third paragraph, replace “1.4208” with “1.4214.”

    7. On page 79607,

    a. First column, bottom half of the page, last full paragraph—

    (1) In line 17, replace “$538.88” with “$539.11.”

    (2) In line 21, replace “$528.10” with “$528.33.”

    b. In the second column, first partial paragraph,

    (1) In lines 1 and 2, replace “$418.26 (.60 * $538.88 * 1.2936).” with “$418.44 (.60 * $539.11 * 1.2936).”

    (2) In line 5, replace “$409.89 (.60 * $528.10 * 1.2936).” with “$410.07 (.60 * $528.33 * 1.2936).”

    (3) In line 8, replace “$215.55 (.40 * $538.88).” with “$215.64 (.40 * $539.11).”

    (4) In line, replace “$211.24 (.40 * $528.10).” with “$211.33 (.40 * $528.33).”

    (5) In lines 15 and 16, replace “$633.81 ($418.26 +$215.55).” with “$634.08 ($418.44 +$215.64).”

    (6) In lines 18 and 19, replace “$621.13 ($409.89 + $211.24).” with “$621.40 ($410.07 + $211.33).”

    8. On page 79608, second column, third full paragraph, under “Step 1,” in lines 5 and 8, replace “$107.78” with $107.83” and “$538.88” with “$539.11.”

    9. On page 79621, Table 13—Final CY 2017 Status Indicator (SI), APC, and Payment Rates for the Auditory Osseointegrated Procedures, is corrected to read as follows:

    Table 13—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Auditory Osseointegrated Procedures CPT code Long descriptors CY 2016 OPPS SI CY 2016 OPPS APC CY 2016 OPPS
  • payment rate
  • Final CY 2017 OPPS SI Final CY 2017 OPPS APC Final CY 2017 OPPS
  • payment rate
  • 69714 Implantation, osseointegrated implant, temporal bone, with percutaneous attachment to external speech processor/cochlear stimulator; without mastoidectomy J1 5125 $10,537.90 J1 5115 $9,561.23 69715 Implantation, osseointegrated implant, temporal bone, with percutaneous attachment to external speech processor/cochlear stimulator; with mastoidectomy J1 5125 10,537.90 J1 5116 14,704.13 69717 Replacement (including removal of existing device), osseointegrated implant, temporal bone, with percutaneous attachment to external speech processor/cochlear stimulator; without mastoidectomy J1 5123 4,969.26 J1 5114 5,221.57 69718 Replacement (including removal of existing device), osseointegrated implant, temporal bone, with percutaneous attachment to external speech processor/cochlear stimulator; with mastoidectomy J1 5124 7,064.07 J1 5115 9,561.23

    10. On page 79622, Table 14—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for CPT Codes 28297 and 28740, is corrected to read as follows:

    Table 14—Final CY 2017 Staus Indicator (SI), APC Assignments, and Payment Rates for CPT Codes 28297 and 28740 CPT code Long descriptors CY 2016 OPPS SI CY 2016 OPPS APC CY 2016 OPPS
  • payment rate
  • Final CY 2017 OPPS SI Final CY 2017 OPPS APC Final CY 2017 OPPS
  • payment rate
  • 28297 Correction, hallux valgus (bunion), with or without sesamoidectomy; lapidus-type procedure J1 5124 $7,064.07 J1 5114 $5,221.57 28740 Arthrodesis, midtarsal or tarsometatarsal, single joint J1 5124 7,064.07 J1 5114 5,221.57

    11. On page 79624, Table 16—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Percutaneous Vertebral Augmentation/Kyphoplasty Procedures, is corrected to read as follows:

    Table 16—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Percutaneous Vertebral Augmentation/Kyphoplasty Procedures CPT code Long descriptors CY 2016 OPPS SI CY 2016 OPPS APC CY 2016 OPPS
  • payment rate
  • Final CY 2017 OPPS SI Final CY 2017 OPPS APC Final CY 2017 OPPS
  • payment rate
  • 22513 Percutaneous vertebral augmentation, including cavity creation (fracture reduction and bone biopsy included when performed) using mechanical device (eg, kyphoplasty), 1 vertebral body, unilateral or bilateral cannulation, inclusive of all imaging guidance; thoracic J1 5124 $7,064.07 J1 5114 $5,221.57 22514 Percutaneous vertebral augmentation, including cavity creation (fracture reduction and bone biopsy included when performed) using mechanical device (eg, kyphoplasty), 1 vertebral body, unilateral or bilateral cannulation, inclusive of all imaging guidance; lumbar J1 5124 7,064.07 J1 5114 5,221.57 22515 Percutaneous vertebral augmentation, including cavity creation (fracture reduction and bone biopsy included when performed) using mechanical device (eg, kyphoplasty), 1 vertebral body, unilateral or bilateral cannulation, inclusive of all imaging guidance; each additional thoracic or lumbar vertebral body (list separately in addition to code for primary procedure) N N/A Packaged N N/A Packaged

    12. On page 79627, Table 18—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Transcranial Magnetic Stimulation (TMS) Therapy Codes, is corrected to read as follows:

    Table 18—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Transcranial Magnetic Stimulation (TMS) Therapy Codes CPT code Long descriptors CY 2016 OPPS SI CY 2016 OPPS APC CY 2016 OPPS
  • payment rate
  • Final CY 2017 OPPS SI Final CY 2017 OPPS APC Final CY 2017 OPPS
  • payment rate
  • 90867 Therapeutic repetitive transcranial magnetic stimulation (tms) treatment; initial, including cortical mapping, motor threshold determination, delivery and management S 5722 $220.35 S 5722 $232.31 90868 Therapeutic repetitive transcranial magnetic stimulation (tms) treatment; subsequent delivery and management, per session S 5722 220.35 S 5722 232.31 90869 Therapeutic repetitive transcranial magnetic stimulation (tms) treatment; subsequent motor threshold re-determination with delivery and management S 5722 $220.35 S 5721 $127.10

    13. On page 79629,

    a. Second column,

    1. First partial paragraph, last sentence, in line 19, replace “$59.84” with $59.86

    2. Second full paragraph, last sentence, in line 27, replace “$112.69” with “$112.73”.

    b. Third column, first full paragraph, in line 16, replace “70.23.” with “$70.26.”

    14. On pages 79636 through 79637, Table 23—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Transprostatic Urethral Implant Procedures, is corrected to read as follows:

    Table 23—Final CY 2017 Status Indicator (SI), APC Assignments and Payment Rates for the Transprostatic Urethral Implant Procedures CPT/HCPCS code Long descriptors CY 2016 OPPS SI CY 2016 OPPS APC CY 2016 OPPS
  • payment rate
  • Final CY 2017 OPPS SI Final CY 2017 OPPS APC Final CY 2017 OPPS
  • payment rate
  • C9739 Cystourethroscopy, with insertion of transprostatic implant; 1 to 3 implants J1 5375 $3,393.73 J1 5375 $3,484.01 C9740 Cystourethroscopy, with insertion of transprostatic implant; 4 or more implants T 1565 5,250.00 J1 5376 7,452.66 52441 Cystourethroscopy, with insertion of permanent adjustable transprostatic implant; single implant B N/A N/A B N/A N/A 52442 Cystourethroscopy, with insertion of permanent adjustable transprostatic implant; each additional permanent adjustable transprostatic implant (list separately in addition to code for primary procedure) B N/A N/A B N/A N/A

    15. On pages 79638 through 79639, Table 25—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates Certain Cryoablation Procedures, is corrected to read as follows:

    Table 25—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for Certain Cryoablation Procedures CPT/HCPCS code Long descriptors CY 2016 OPPS SI CY 2016 OPPS APC CY 2016 OPPS
  • payment rate
  • Final CY 2017 OPPS SI Final CY 2017 OPPS APC Final CY 2017 OPPS
  • payment rate
  • 20983 Ablation therapy for reduction or eradication of 1 or more bone tumors (eg, metastasis) including adjacent soft tissue when involved by tumor extension, percutaneous, including imaging guidance when performed; cryoablation T 5352 $4,118.23 J1 5114 $5,221.57 47383 Ablation, 1 or more liver tumor(s), percutaneous, cryoablation T 5352 4,118.23 J1 5361 4,199.13 50593 Ablation, renal tumor(s), unilateral, percutaneous, cryotherapy T 5352 4,118.23 J1 5362 6,969.84 0340T Ablation, pulmonary tumor(s), including pleura or chest wall when involved by tumor extension, percutaneous, cryoablation, unilateral, includes imaging guidance T 5352 4,118.23 J1 5361 4,199.13 0440T Ablation, percutaneous, cryoablation, includes imaging guidance; upper extremity distal/peripheral nerve J1 5361 4,001.15 J1 5432 4,151.86 0441T Ablation, percutaneous, cryoablation, includes imaging guidance; lower extremity distal/peripheral nerve J1 5361 4,001.15 J1 5432 4,151.86 0442T Ablation, percutaneous, cryoablation, includes imaging guidance; nerve plexus or other truncal nerve (eg, brachial plexus, pudendal nerve) T 5352 4,118.23 J1 5432 4,151.86

    16. On page 79641, Table 28—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Dialysis Circuit Procedures, is corrected to read as follows:

    Table 28—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Dialysis Circuit Procedures Proposed CY 2017 CPT code Final CY 2017 CPT code Short descriptors CY 2016 OPPS SI CY 2016 OPPS APC CY 2016 OPPS
  • payment rate
  • Final CY 2017 OPPS SI Final CY 2017 OPPS APC Final CY 2017 OPPS
  • payment rate
  • 36147 36147 Access av dial grft for eval T 5181 $862.51 D 36148 36148 Access av dial grft for proc N D 369X1 36901 Intro cath dialysis circuit T 5181 $684.13 369X2 36902 Intro cath dialysis circuit J1 5192 4,825.20 369X3 36903 Intro cath dialysis circuit J1 5193 9,752.43 369X4 36904 Thrmbc/nfs dialysis circuit J1 5192 4,825.20 369X5 36905 Thrmbc/nfs dialysis circuit J1 5193 9,752.43 369X6 36906 Thrmbc/nfs dialysis circuit J1 5194 14,782.14 369X7 36907 Balo angiop ctr dialysis seg N N/A N/A 369X8 36908 Stent plmt ctr dialysis seg N N/A N/A 369X9 36909 Dialysis circuit embolj N N/A N/A

    17. On page 79643,

    a. First column, first partial paragraph, in line 14, replace “$7, 453.” with “$7,456.”

    b. Table 30—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Magnetic Resonance Image Guided High Intensity Focused Ultrasound (MRgFUS) Procedures, is corrected to read as follows:

    Table 30—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Magnetic Resonance Image Guided High Intensity Focused Ultrasound (MRgFUS) Procedures CPT/HCPCS code Long descriptors CY 2016 OPPS SI CY 2016 OPPS APC CY 2016 OPPS
  • payment rate
  • Final CY 2017 OPPS SI Final CY 2017 OPPS APC Final CY 2017 OPPS
  • payment rate
  • 0071T Focused ultrasound ablation of uterine leiomyomata, including mr guidance; total leiomyomata volume less than 200 cc of tissue T 5414 $1,861.18 J1 5414 $2,085.47 0072T Focused ultrasound ablation of uterine leiomyomata, including mr guidance; total leiomyomata volume greater or equal to 200 cc of tissue T 5414 1,861.18 J1 5414 2,085.47 0398T Magnetic resonance image guided high intensity focused ultrasound (mrgfus), stereotactic ablation lesion, intracranial for movement disorder including stereotactic navigation and frame placement when performed E N/A N/A S 1537 9,750.50 C9734 Focused ultrasound ablation/therapeutic intervention, other than uterine leiomyomata, with magnetic resonance (mr) guidance T 5122 2,395.59 J1 5114 2,085.47

    18. On page 79645, Table 32—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Smoking and Tobacco Use Cessation Counseling Services, is corrected to read as follows:

    Table 32—Final CY 2017 Status Indicator (SI), APC Assignment, and Payment Rate for the Smoking and Tobacco Use Cessation Counseling Services CPT/HCPCS code Long descriptors CY 2016 OPPS SI CY 2016 OPPS APC CY 2016 OPPS
  • payment rate
  • Final CY 2017 OPPS SI Final CY 2017 OPPS APC Final CY 2017 OPPS
  • payment rate
  • 99406 Smoking and tobacco use cessation counseling visit; intermediate, greater than 3 minutes up to 10 minutes S 5821 $27.12 S 5821 $25.23 99407 Smoking and tobacco use cessation counseling visit; intensive, greater than 10 minutes S 5821 27.12 S 5821 25.23 G0436 Smoking and tobacco cessation counseling visit for the asymptomatic patient; intermediate, greater than 3 minutes, up to 10 minutes S 5821 27.12 D N/A N/A G0437 Smoking and tobacco cessation counseling visit for the asymptomatic patient; intensive, greater than 10 minutes S 5822 69.65 D N/A N/A

    19. On page 79647, first column, second full paragraph, under a response to public comment, the last two sentences of the paragraph are corrected to read “However, the rationale for this modification of the proposal for these codes is not related to the statutory provision of section 144 of the Medicare Improvements for Patients and Providers Act of 2008. We believe that pulmonary rehabilitation (and the related respiratory treatment services) are not typically ancillary to the other HOPD services that may be furnished to beneficiaries. These services are typically part of a course of treatment that is prescribed after a diagnosis is made and often after other treatments are initiated or completed.”

    20. On page 79648, Table 34—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Pulmonary Rehabilitation Services, is corrected to read as follows:

    Table 34—Final CY 2017 Status Indicator (SI), APC Assignments, and Payment Rates for the Pulmonary Rehabilitation Services HCPCS code Long descriptors CY 2016 OPPS SI CY 2016 OPPS APC CY 2016 OPPS
  • payment
  • Final CY 2017 OPPS SI Final CY 2017 OPPS APC Final CY 2017 OPPS
  • payment
  • G0237 Therapeutic procedures to increase strength or endurance of respiratory muscles, face to face, one on one, each 15 minutes (includes monitoring) Q1 5734 $91.18 S 5732 $28.38 G0238 Therapeutic procedures to improve respiratory function, other than described by g0237, one on one, face to face, per 15 minutes (includes monitoring) Q1 5733 55.94 S 5732 28.38 G0239 Therapeutic procedures to improve respiratory function or increase strength or endurance of respiratory muscles, two or more individuals (includes monitoring) Q1 5732 30.51 S 5732 28.38 G0424 Pulmonary rehabilitation, including exercise (includes monitoring), one hour, per session, up to two sessions per day Q1 5733 55.94 S 5733 54.55

    21. On page 79662, Table 35—Drugs and Biologicals for Which Pass-Through Payment Status Expires December 31, 2016, is corrected to read as follows:

    Table 35—Drugs and Biologicals for Which Pass-Through Payment Status Expires December 31, 2016 CY 2017 HCPCS code CY 2017 Long descriptor Final CY 2017 status
  • indicator
  • Final CY 2017 APC
    C9497 Loxapine, inhalation powder, 10 mg K 9497 J1322 Injection, elosulfase alfa, 1mg K 1480 J1439 Injection, ferric carboxymaltose, 1 mg K 9441 J1447 Injection, TBO-Filgrastim, 1 micrograms K 1748 J3145 Injection, testosterone undecanoate, 1 mg N N/A J3380 Injection, vedolizumab, 1 mg K 1489 J7181 Factor XIII (antihemophilic factor, recombinant), Tretten, per i.u K 1746 J7200 Factor ix (antihemophilic factor, recombinant), Rixubus, per i.u K 1467 J7201 Factor ix (antihemophilic factor, recombinant), Alprolix, per i.u K 1486 J7205 Injection, factor viii, fc fusion protein, (recombinant), per i.u K 1656 J7508 Tacrolimus, Extended Release, Oral, 0.1 mg N N/A J9301 Injection, obinutuzumab, 10 mg K 1476 J9308 Injection, ramucirumab, 5 mg K 1488 J9371 Injection, Vincristine Sulfate Liposome, 1 mg K 1466 Q4121 Theraskin, per square centimeter N N/A

    22. On page 79664, Table 36—Drugs and Biologicals with Pass-Through Payment Status in CY 2017, the Long Descriptors for CY HCPCS codes A9588 and A9587 are revised to read as follows:

    Corrections To Table 36—Drugs and Biologicals With Pass-Through Payment Status in CY 2017 CY 2016 HCPCS code CY 2017 HCPCS code CY 2017 Long descriptor CY 2017
  • status
  • indicator
  • CY 2017 APC
    N/A A9588 Fluciclovine f-18, diagnostic, 1 mCi G 9052 N/A A9587 Gallium Ga-68, dotatate, diagnostic, 0.1 mCi G 9056

    23. On page 79671, in Table 37—Assignments to High Cost and Low Cost Groups for CY 2017, remove HCPCS codes Q4119, Q4120, and Q4129.

    24. On page 79708, third column, in lines 28 through 31, the words “for services that were furnished prior to November 2, 2015, and billed under the OPPS in accordance with timely filing limits.” are corrected to read “if the PBD furnished a covered OPD service prior to November 2, 2015 and billed the OPPS within timely filing limits for that service.”

    25. On page 79719, third column, first partial paragraph, in lines 6 and 7, remove the words “for cost reporting periods beginning January 1, 2017,”.

    26. On page 79741, third column, fourth full paragraph, in lines 10 and 11, the words “was deleted by the AMA Editorial Panel in April 2016.” are corrected to read “will be deleted effective December 31, 2016.”

    27. On page 79742, first column, first full paragraph, in lines 2 and 3, the words “was deleted effective April 13, 2016,” are corrected to read “will be deleted effective December 31, 2016,”.

    28. On page 79743, Table 51—Additions To The List of ASC Covered Surgical Procedures For CY 2017, CPT code 22585 is added in numerical order to read as follows:

    Corrections To Table 51—Additions To The List of ASC Covered Surgical Procedures For CY 2017 CY 2017 CPT code CY 2017 long descriptor CY 2017 ASC
  • payment
  • indicator
  • 22585 Arthrodesis, anterior interbody technique, including minimal discectomy to prepare interspace (other than for decompression); each additional interspace (List separately in addition to code for primary procedure) N1

    29. On page 79752, third column, bottom half of the page, first full paragraph,

    a. In line 11, replace “0.9996” with “0.9997.”

    b. In line 27, replace “$45.030” with “$45.003.”

    c. In line 30, replace “$44.190” with “$44.177.”

    d. In line 32, replace “0.9996” with “0.9997.”

    30. On page 79753,

    a. First column, first partial paragraph,

    (1) In line 9, replace “$44.330” with “$44.120.”

    (2) In line 12, replace “$44.190” with “$44.177.”

    (3) In line 14, replace “0.9996” with “0.9997.”

    b. Second column, second full paragraph, in line 7, replace “$45.030” with “$45.003.”

    31. On page 79784, the un-numbered table—PREVIOUSLY FINALIZED AND NEWLY FINALIZED HOSPITAL OQR PROGRAM MEASURE SET FOR THE CY 2020 PAYMENT DETERMINATION AND SUBSEQUENT YEARS, is corrected by removing the three asterisks, “***” after the OP-30 measure name and adding in its place two asterisks, “**” to read as follows:

    0659 OP-30: Colonoscopy Interval for Patients with a History of Adenomatous Polyps—Avoidance of Inappropriate Use. **

    32. On page 79868,

    a. Second column, first full paragraph, in line 3, replace “1.7” with “1.8.”

    b. Third column, first paragraph, in lines 15 and 16, “an increase of 0.1 percent to 0.3 percent” is corrected to read “no change to an increase of 0.3 percent.”

    33. On page 79869,

    a. Second column, first full paragraph, in line 11, replace “1.7” with “1.8.”

    b. Third column, first full paragraph, in line 2, replace “1.7” with “1.8.”

    34. On pages 79869 through 79870, Table 52—Estimated Impact of the CY 2017

    Changes for the Hospital Outpatient Prospective Payment System, is corrected to read as follows:

    Table 52—Impact of Changes for Final CY 2017 Hospital Outpatient Prospective Payment System Number of hospitals APC recalibration
  • (all changes)
  • New wage index and provider
  • adjustments
  • All budget neutral changes
  • (combined cols 2,3) with market basket update
  • All changes
    (1) (2) (3) (4) (5) All Providers * 3906 0.0 0.0 1.7 1.8 All Hospitals (excludes hospitals held harmless and CMHCs) 3789 0.0 0.0 1.8 1.8 Urban Hospitals 2958 0.0 0.0 1.7 1.8 Large Urban (GT 1 Mill.) 1616 0.0 ^0.1 1.6 1.7 Other Urban (LE 1 Mill.) 1342 0.1 0.1 1.8 1.8 Rural Hospitals 831 0.2 0.3 2.2 2.2 Sole Community 376 0.2 0.4 2.3 2.2 Other Rural 455 0.2 0.2 2.1 2.1 Beds (Urban): 0-99 Beds 1045 ^0.3 0.2 1.6 1.7 100-199 Beds 834 0.2 ^0.1 1.8 1.8 200-299 Beds 465 0.2 0.0 1.9 1.9 300-499 Beds 405 0.1 0.0 1.8 1.9 500 + Beds 209 ^0.2 0.0 1.4 1.5 Beds (Rural): 0-49 Beds 340 0.3 0.5 2.6 2.5 50-100 Beds 299 0.2 0.4 2.4 2.3 101-149 Beds 108 0.1 ^0.2 1.6 1.7 150-199 Beds 45 0.0 0.4 2.2 2.1 200 + Beds 39 0.2 0.2 2.1 2.1 Region (Urban): New England 146 0.0 ^1.1 0.6 0.6 Middle Atlantic 350 0.0 0.1 1.7 1.7 South Atlantic 465 0.1 0.0 1.7 1.8 East North Cent 473 0.1 0.1 1.8 1.9 East South Cent 177 ^0.4 0.3 1.6 1.7 West North Cent 182 ^0.1 0.0 1.6 1.5 West South Cent 527 ^0.2 0.3 1.8 1.9 Mountain 206 0.2 1.0 2.9 3.0 Pacific 383 0.4 ^0.3 1.7 1.8 Puerto Rico 49 0.5 ^0.3 1.8 1.8 Region (Rural): New England 21 0.9 0.5 3.1 3.0 Middle Atlantic 55 0.1 1.2 3.0 3.0 South Atlantic 126 0.3 ^0.3 1.7 1.7 East North Cent 121 0.2 0.3 2.2 2.2 East South Cent 158 0.0 0.2 1.9 1.9 West North Cent 100 0.0 0.4 2.1 2.0 West South Cent 168 0.2 0.7 2.6 2.6 Mountain 58 0.2 ^0.1 1.9 1.8 Pacific 24 0.3 ^0.1 1.9 1.9 Teaching Status: Non-Teaching 2712 0.1 0.1 1.9 2.0 Minor 731 0.1 0.0 1.9 1.9 Major 346 ^0.2 ^0.1 1.4 1.5 DSH Patient Percent: 0 10 ^1.7 ^0.2 ^0.2 ^0.1 GT 0-0.10 305 ^0.4 0.0 1.2 1.3 0.10-0.16 270 0.1 0.1 1.8 1.8 0.16-0.23 600 0.1 0.1 2.0 2.0 0.23-0.35 1135 0.1 0.1 1.9 1.9 GE 0.35 895 0.1 ^0.1 1.7 1.7 DSH not Available ** 574 ^1.4 ^0.2 0.1 0.2 Urban Teaching/DSH: Teaching & DSH 975 0.0 0.0 1.6 1.7 No Teaching/DSH 1425 0.1 0.1 1.9 1.9 No Teaching/No DSH 10 ^1.7 ^0.2 ^0.2 ^0.1 DSH Not Available2 548 ^1.4 ^0.3 0.0 0.1 Type of Ownership: Voluntary 1983 0.1 0.1 1.8 1.9 Proprietary 1306 0.0 0.1 1.7 1.8 Government 500 ^0.1 ^0.1 1.5 1.6 CMHCs 50 ^15.0 ^0.4 ^13.9 ^13.7 Column (1) shows total hospitals and/or CMHCs. Column (2) includes all final CY 2017 OPPS policies and compares those to the CY 2016 OPPS. Column (3) shows the budget neutral impact of updating the wage index by applying the final FY 2017 hospital inpatient wage index, including all hold harmless policies and transitional wages. The rural adjustment continues our current policy of 7.1 percent so the budget neutrality factor is 1. The budget neutrality adjustment for the cancer hospital adjustment is 1.003 because the payment-to-cost ratio target changes from 0.92 in CY 2016 to 0.91 in CY 2017. Column (4) shows the impact of all budget neutrality adjustments and the addition of the final 1.65 percent OPD fee schedule update factor (2.7 percent reduced by 0.3 percentage points for the final productivity adjustment and further reduced by 0.75 percentage point in order to satisfy statutory requirements set forth in the Affordable Care Act). It also includes the impact of the additional adjustment of 1.0004 for Lab services with L1 Modifiers packaged into the OPPS. Column (5) shows the additional adjustments to the conversion factor resulting from the frontier adjustment, a change in the pass-through estimate, and adding estimated outlier payments. These 3,906 providers include children and cancer hospitals, which are held harmless to pre-BBA amounts, and CMHCs. ** Complete DSH numbers are not available for providers that are not paid under IPPS, including rehabilitation, psychiatric, and long-term care hospitals.
    35. On page 79871, third column, first partial paragraph, in the last line, replace “$45.016” with “$45.003.” 36. On page 79877, third column, last paragraph, in lines 2 and 3, the phrase “OPPS payments by $500 million” is corrected to read “Part B payments by $50 million.” Regulations Text Corrections
    § 419.22 [Corrected]
    37. On page 79879, second column, in § 419.22, “Hospital services excluded from payment under the hospital outpatient prospective payment system,” the words “for cost reporting periods beginning on or after January 1, 2017,” are removed. 38. On page 79880, first column, in § 419.48, paragraph (b) is corrected to read as follows:
    § 419.48, “Definition of excepted items and services

    (b) For the purpose of this section, “excepted off-campus provider-based department” means a “department of a provider” (as defined at § 413.65(a)(2) of this chapter) that is located on the campus (as defined in § 413.65(a)(2) of this chapter) or within the distance described in such definition from a “remote location of a hospital” (as defined in § 413.65(a)(2) of this chapter) that meets the requirements for provider-based status under § 413.65 of this chapter. This definition also includes an off-campus department of a provider that was furnishing services prior to November 2, 2015 that were billed under the OPPS in accordance with timely filing limits.

    39. Section 495.40 is corrected as follows: a. On page 79892, in the first column, in amendment 27, redesignate instructions d through f as instructions e through g respectively and add a new instruction d to read “d. Adding paragraphs (a)(2)(i)(H) and (I).” b. On page 79892, in the second column, in amendment 27, correct redesignated instruction g to read “g. Adding new paragraphs (b)(2)(i)(G), (H), and (I).” c. On page 79892, in the second column, paragraph (a) introductory text is correctly revised. d. On page 79892, in the second column, paragraphs (a)(2)(i)(H) and (I) are added. e. On page 79892, in the second column, paragraph (b) introductory text is correctly revised. f. On page 79892, in the third column paragraphs (b)(2)(i)(H) and (I) are added.

    The revisions and additions read as follows:

    § 495.40 Demonstration of meaningful use criteria.

    (a) Demonstration by EPs. An EP must demonstrate that he or she satisfies each of the applicable objectives and associated measures under § 495.20, § 495.22 or § 495.24, supports information exchange and the prevention of health information blocking, and engages in activities related to supporting providers with the performance of CEHRT:

    (2) * * *

    (i) * * *

    (H) Supporting providers with the performance of CEHRT (SPPC). To engage in activities related to supporting providers with the performance of CEHRT, the EP—

    (1) Must attest that he or she:

    (i) Acknowledges the requirement to cooperate in good faith with ONC direct review of his or her health information technology certified under the ONC Health IT Certification Program if a request to assist in ONC direct review is received; and

    (ii) If requested, cooperated in good faith with ONC direct review of his or her health information technology certified under the ONC Health IT Certification Program as authorized by 45 CFR part 170, subpart E, to the extent that such technology meets (or can be used to meet) the definition of CEHRT, including by permitting timely access to such technology and demonstrating its capabilities as implemented and used by the EP in the field.

    (2) Optionally, may also attest that he or she:

    (i) Acknowledges the option to cooperate in good faith with ONC-ACB surveillance of his or her health information technology certified under the ONC Health IT Certification Program if a request to assist in ONC-ACB surveillance is received; and

    (ii) If requested, cooperated in good faith with ONC-ACB surveillance of his or her health information technology certified under the ONC Health IT Certification Program as authorized by 45 CFR part 170, subpart E, to the extent that such technology meets (or can be used to meet) the definition of CEHRT, including by permitting timely access to such technology and demonstrating capabilities as implemented and used by the EP in the field.

    (I) Support for health information exchange and the prevention of information blocking. For an EHR reporting period in CY 2017 and subsequent years, the EP must attest that he or she—

    (1) Did not knowingly and willfully take action (such as to disable functionality) to limit or restrict the compatibility or interoperability of certified EHR technology.

    (2) Implemented technologies, standards, policies, practices, and agreements reasonably calculated to ensure, to the greatest extent practicable and permitted by law, that the certified EHR technology was, at all relevant times—

    (i) Connected in accordance with applicable law;

    (ii) Compliant with all standards applicable to the exchange of information, including the standards, implementation specifications, and certification criteria adopted at 45 CFR part 170;

    (iii) Implemented in a manner that allowed for timely access by patients to their electronic health information; and

    (iv) Implemented in a manner that allowed for the timely, secure, and trusted bidirectional exchange of structured electronic health information with other health care providers (as defined by 42 U.S.C. 300jj(3)), including unaffiliated providers, and with disparate Certified EHR technology and vendors.

    (3) Responded in good faith and in a timely manner to requests to retrieve or exchange electronic health information, including from patients, health care providers (as defined by 42 U.S.C. 300jj(3)), and other persons, regardless of the requestor's affiliation or technology vendor.”

    (b) Demonstration by eligible hospitals and CAHs. An eligible hospital or CAH must demonstrate that it satisfies each of the applicable objectives and associated measures under § 495.20, § 495.22, or § 495.24, supports information exchange and the prevention of health information blocking, and engages in activities related to supporting providers with the performance of CEHRT:

    (2) * * *

    (i) * * *

    (H) Supporting providers with the performance of CEHRT (SPPC). To engage in activities related to supporting providers with the performance of CEHRT, the eligible hospital or CAH—

    (1) Must attest that it:

    (i) Acknowledges the requirement to cooperate in good faith with ONC direct review of his or her health information technology certified under the ONC Health IT Certification Program if a request to assist in ONC direct review is received; and

    (ii) If requested, cooperated in good faith with ONC direct review of its health information technology certified under the ONC Health IT Certification Program as authorized by 45 CFR part 170, subpart E, to the extent that such technology meets (or can be used to meet) the definition of CEHRT, including by permitting timely access to such technology and demonstrating its capabilities as implemented and used by the eligible hospital or CAH in the field.

    (2) Optionally, may attest that it:

    (i) Acknowledges the option to cooperate in good faith with ONC-ACB surveillance of his or her health information technology certified under the ONC Health IT Certification Program if a request to assist in ONC-ACB surveillance is received; and

    (ii) If requested, cooperated in good faith with ONC-ACB surveillance of his or her health information technology certified under the ONC Health IT Certification Program as authorized by 45 CFR part 170, subpart E, to the extent that such technology meets (or can be used to meet) the definition of CEHRT, including by permitting timely access to such technology and demonstrating its capabilities as implemented and used by the eligible hospital or CAH in the field.

    (I) Support for health information exchange and the prevention of information blocking. For an EHR reporting period in CY 2017 and subsequent years, the eligible hospital or CAH must attest that it—

    (1) Did not knowingly and willfully take action (such as to disable functionality) to limit or restrict the compatibility or interoperability of certified EHR technology.

    (2) Implemented technologies, standards, policies, practices, and agreements reasonably calculated to ensure, to the greatest extent practicable and permitted by law, that the certified EHR technology was, at all relevant times—

    (i) Connected in accordance with applicable law;

    (ii) Compliant with all standards applicable to the exchange of information, including the standards, implementation specifications, and certification criteria adopted at 45 CFR part 170;

    (iii) Implemented in a manner that allowed for timely access by patients to their electronic health information; and

    (iv) Implemented in a manner that allowed for the timely, secure, and trusted bidirectional exchange of structured electronic health information with other health care providers (as defined by 42 U.S.C. 300jj(3)), including unaffiliated providers, and with disparate certified EHR technology and vendors.

    (3) Responded in good faith and in a timely manner to requests to retrieve or exchange electronic health information, including from patients, health care providers (as defined by 42 U.S.C. 300jj(3)), and other persons, regardless of the requestor's affiliation or technology vendor.”.

    Dated: December 27, 2016. Madhura Valverde, Executive Secretary to the Department, Department of Health and Human Services.
    [FR Doc. 2016-31774 Filed 12-30-16; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 431, 433, 438, 440, 457, and 495 [CMS-2390-F3] RIN-0938-AS25 Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; Corrections AGENCY:

    Centers for Medicare & Medicaid Services (CMS), HHS.

    ACTION:

    Final rule; correcting amendment.

    SUMMARY:

    This document corrects technical errors that appeared in the final rule published in the May 6, 2016 Federal Register (81 FR 27498 through 27901) entitled, “Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability.” The effective date for the rule was July 5, 2016.

    DATES:

    Effective Date: This correcting document is effective December 30, 2016.

    Applicability Date: The corrections indicated in this document are applicable beginning immediately.

    FOR FURTHER INFORMATION CONTACT:

    John Giles, (410) 786-1255, Medicaid Managed Care Operations.

    Heather Hostetler, (410) 786-4515, Medicaid Managed Care Quality.

    Melissa Williams, (410) 786-4435, CHIP.

    Nancy Dieter, (410) 786-7219, Third Party Liability.

    SUPPLEMENTARY INFORMATION: I. Background

    In FR Doc. 2016-09581 (81 FR 27498 through 27901), the final rule entitled, “Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability” there were technical errors that are identified and corrected in this correcting document. These corrections are applicable immediately.

    II. Summary of Errors A. Summary of Errors in the Preamble

    On page 27560 we made a technical error in the response to comments of § 438.6(e). In this response, we inadvertently identified the effective date and the date by which we would enforce compliance for the regulation, which is correctly identified in the Compliance section on page 27499.

    On page 27679 we made a technical error in the preamble text of § 438.330 (Quality Assessment and Performance Improvement Program) in a response to comment. We stated, “Note that standards for risk adjustment are provided in §§ 438.5(g) and 438.7(b)(5).” We inadvertently omitted the words “for payment purposes” after “risk adjustment” in this sentence to clarify that these cross-referenced sections are related to risk adjustment for payment purposes.

    On page 27708 we made a technical error in the preamble text of § 438.358 (Activities Related to External Quality Review) in a response to comment about § 438.358(b)(iv) (Validation of MCO, PIHP, or PAHP validation of network adequacy). We inadvertently included PIHPs and PAHPs in a statement about the match rate for this EQR-related activity for MCOs. We stated, “. . . the validation of MCOs, PIHPs, and PAHPs would be eligible for the 75 percent match rate under § 438.370(a).” This was in error, as it conflicts with § 438.370 of the final rule and the preamble discussion of that section on pages 27715 through 27717.

    On page 27712 we made a technical error in the preamble text of § 438.360 (Nonduplication of mandatory activities with Medicare or accreditation review) in a response to comment about updating the EQR protocols to incorporate data from a Medicare or private accrediting entity review. We referenced three of the mandatory EQR-related activities using the citation from the proposed rule (§ 438.358(b)(1) to (b)(3)), rather than the citation from the final rule (§ 438.358(b)(1)(i) to (b)(1)(iii)).

    On page 27738 we made a technical error in the response to comments of § 438.242(b)(2). In this response, we inadvertently mistyped “T-MSIS.”

    On page 27766 we made a technical error in the preamble text of § 457.1233. We inadvertently did not note that CHIP is also adopting the changes discussed in the Medicaid preamble to include PCCM entities as subject to § 438.230 in response to public comments and consideration of a managed care plan's subcontracted or delegated obligations, services, or activities.

    B. Summary of Errors in Regulation Text

    On page 27860 we made a technical error in the regulation text of § 438.6(c)(2)(i). In this paragraph, we inadvertently omitted “actuarial” before “principles and practices.”

    On page 27862 we made a technical error in the regulation text of § 438.8(e)(1). In this paragraph, we inadvertently referenced fraud reduction activities instead of fraud prevention activities.

    On page 27863 we made a technical error in the regulation text of § 438.8(f)(2)(i). In this paragraph, we inadvertently included an extra word “to.”

    On page 27867 we made a technical error in the regulation text of § 438.10(g)(2)(xiii). In this paragraph, we inadvertently included an extra word “in.”

    On page 27879 we made a technical error in the regulation text of § 438.210(a)(2). In this paragraph, we inadvertently referenced part 440 instead of part 441.

    On page 27884 we made a technical error in the regulation text of § 438.350(d). We incorrectly cross-referenced § 438.364(a)(1)(i) through (iv) instead of § 438.364(a)(2)(i) through (iv).

    On page 27885 we made a technical error in the regulation text of § 438.358(a)(2) (Activities related to external quality review). We incorrectly cross-referenced § 438.364(a)(i) through (iv) instead of § 438.364(a)(2)(i) through (iv).

    On page 27885 we made a technical error in the regulation text of § 438.358(c)(3) (Activities related to external quality review). We incorrectly cross-referenced § 438.358(b)(2) instead of § 438.358(b)(1)(ii).

    On page 27885 we made a technical error in the regulation text of § 438.358(c)(4) (Activities related to external quality review). We incorrectly cross-referenced § 438.358(b)(1) instead of § 438.358(b)(1)(i).

    On page 27891 we made a technical error in the regulation text of § 438.604(a)(2). In this paragraph, we inadvertently referenced § 438.3 instead of § 438.4.

    On page 27898 we made a technical error in the regulation text of § 457.1201(l). In this paragraph, we inadvertently cross-referenced the Medicaid requirements related to MHPAEA at § 438.3(n) instead of CHIP MHPAEA requirements at § 457.496. Both the Medicaid and CHIP MHPAEA provisions were issued on March 30, 2016, at 81 FR 18390, 18436 and 18442. They are parallel provisions and the change in the cross-reference will not result in any substantive change in the applicable requirements.

    On page 27898 we made a technical error in the regulation text of § 457.1201(n)(2). In this paragraph, we inadvertently omitted a cross-reference to § 438.330(b)(2) as we discussed in the preamble on page 27757.

    On page 27898 we made a technical error in the regulation text of § 457.1203(a). In this paragraph, we inadvertently included a parenthesis before the word “implementing.”

    On page 27898 we made a technical error in the regulation text of § 457.1203(e). In this paragraph, we inadvertently did not include a comma after the word “MCOs” and we inadvertently included the word “to” after the word “under.”

    On page 27899 we made a technical error in the regulation text of § 457.1210(c)(2) and § 457.1210(c)(4). In this paragraph, we incorrectly used the word “Explains” instead of the word “Explain.”

    On page 27899 we made a technical error in the regulation text of § 457.1214. In this section, we referenced § 438.58, the conflict of interest safeguards required for Medicaid managed care plans. However, we inadvertently did not specify that references to § 438.54(b) (relating to the Medicaid managed care enrollment processes) in § 438.58 should refer to the enrollment processes for CHIP described in § 457.1210(a).

    On page 27899 we made a technical error in the regulation text of § 457.1228. We inadvertently omitted the words “and poststabilization care” before the word “services.” Additionally, we are replacing the cross-reference to § 457.10 with a cross reference to § 438.114 to reflect the intended alignment with Medicaid definitions that was clearly expressed in the preamble on page 27764 in discussing § 457.1228. In that preamble discussion, we expressly indicated that we would be adopting the definitions at § 438.114.

    On page 27899 we made a technical error in the regulation text of § 457.1230(c). We inadvertently did not provide that the applicability date for the Medicaid requirements in § 438.208(d) does not apply to CHIP.

    On page 27899 we made a technical error in the regulation text of § 457.1230(d). We inadvertently did not provide the applicability date for the Medicaid requirements in § 438.210(f) does not apply to CHIP.

    On page 27900 we made a technical error in the regulation text of § 457.1233(b). As indicated in the preamble on page 27766, we intended to align the structure and operation standards for CHIP managed care entities with parallel Medicaid standards, but we inadvertently omitted PCCM entities from the list of managed care entities that the state must ensure are in compliance with § 438.230.

    On page 27900 we made technical errors in the regulation text of § 457.1240(e). We inadvertently left in an obsolete cross reference from the proposed rule to § 438.340(e).

    On page 27900 we made technical errors in the regulation text of § 457.1240(f). In this paragraph, we incorrectly spelled “PCCM entities” as “PPCM entities.”

    On page 27900 we made technical errors in the regulation text of § 457.1250(a), relating to external quality review. We inadvertently did not provide that while the terms of Medicaid external quality review provisions at § 438.350 applies to PCCM entities, § 438.362, which is cross-referenced in § 438.350, does not apply to PCCM entities in CHIP.

    On page 27900 we made technical errors in the regulation text of § 457.1260. We inadvertently did not include an exception to the Medicaid applicability date as described in § 438.400(c).

    III. Waiver of Proposed Rulemaking and Delay in Effective Date

    Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), the agency is required to publish a notice of the proposed rule in the Federal Register before the provisions of a rule take effect. In addition, section 553(d) of the APA mandates a 30-day delay in effective date after issuance or publication of a rule. Sections 553(b)(B) and 553(d)(3) of the APA provide for exceptions from the APA notice and comment, and delay in effective date requirements. Section 553(b)(B) of the APA authorizes an agency to dispense with normal notice and comment rulemaking procedures for good cause if the agency makes a finding that the notice and comment process is impracticable, unnecessary, or contrary to the public interest; and includes a statement of the finding and the reasons for it in the notice.

    In our view, this correcting document does not constitute a rulemaking that would be subject to these requirements. This document merely corrects technical errors in the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule. The corrections contained in this document are consistent with, and do not make substantive changes to, the policies and payment methodologies that were adopted subject to notice and comment procedures in the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule. As a result, the corrections made through this correcting document are intended to ensure that the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule accurately reflects the policies adopted in that rule.

    Even if this were a rulemaking to which the notice and comment and delayed effective date requirements applied, we find that there is good cause to waive such requirements. Undertaking further notice and comment procedures to incorporate the corrections in this document into the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule or delaying the effective date of the corrections would be contrary to the public interest because it could result in a period of confusion about the applicability of the rules while those procedures are pending. Further, such procedures would be unnecessary, because the corrections in this document do not make substantive changes in the underlying policies but are limited to elimination of typographical errors, incorrect cross references, confusing or inconsistent language, and obvious errors. This correcting document is intended solely to ensure that the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule accurately reflects the final policy determinations that were set forth in the overall rulemaking record. For these reasons, we believe there is good cause to waive the requirements for notice and comment and delay in effective date.

    Corrections of Errors

    In FR Doc. 2016-09581 of May 6, 2016 (81 FR 27498), make the following corrections:

    1. On page 27560, in the first column; in the second full paragraph, line 13, the phrase “for contracts starting on or after July 1, 2017” is corrected to read “no later than the effective date of this rule”.

    2. On page 27679, in the third column; in the first full paragraph, line eight, the phrase “Note that standards for risk adjustment . . . .” is corrected to read “Note that standards for risk adjustment for paymentpurposes. . . .”.

    3. On page 27708, in the second column; in the first full paragraph, beginning at line seven, the phrase “validation of MCOs, PIHPs, and PAHPs” is corrected to read “validation of MCOs”.

    4. On page 27712, in the second column; in the fourth full paragraph, line 20, the phrase “§ 438.358(b)(1) to (b)(3)” is corrected to read “§ 438.358(b)(1)(i) to (b)(1)(iii)”.

    5. On page 27738, in the third column; in the fifth full paragraph, line 11, the term “TSIS” is corrected to read “T-MSIS”.

    6. On page 27766, in the second column; in the second full paragraph, beginning with line one, the sentence “After consideration of the public comments, we are adding a cross reference to § 457.1110 in a new paragraph (e), and otherwise finalizing § 457.1233 as proposed.” is corrected to read “After consideration of the public comments, we are adding a cross reference to § 457.1110 in a new paragraph (e) and adopting the changes to § 438.230 to include PCCM entities as discussed in the Medicaid preamble above. The remaining provisions of § 457.1233 are finalized as proposed.”.

    List of Subjects 42 CFR Part 438

    Grant programs-health, Medicaid, Reporting and recordkeeping requirements.

    42 CFR Part 457

    Administrative practice and procedure, Grant programs-health, Health insurance, Reporting and recordkeeping requirements.

    Accordingly, 42 CFR chapter IV is corrected by making the following correcting amendments to parts 438 and 457:

    PART 438—MANAGED CARE 1. The authority citation for part 438 continues to read as follows: Authority:

    Sec. 1102 of the Social Security Act (42 U.S.C. 1302).

    § 438.6 [Amended]
    2. In § 438.6 amend paragraph (c)(2)(i) by removing the phrase “accepted principles and practices” and adding in its place the phrase “accepted actuarial principles and practices”.
    § 438.8 [Amended]
    3. In § 438.8— a. Amend paragraph (e)(1) by removing the phrase “fraud reduction activities” and adding in its place the phrase “fraud prevention activities”. b. Amend paragraph (f)(2)(i) by removing the phrase “under to § 438.6(d).” and adding in its place the phrase “under § 438.6(d).”.
    § 438.10 [Amended]
    4. In § 438.10 amend paragraph (g)(2)(xiii) by removing the phrase “in in alternative formats or languages.” and adding in its place the phrase “in alternative formats or languages.”.
    § 438.210 [Amended]
    5. In § 438.210 amend paragraph (a)(2) by removing the phrase “of part 440” and adding in its place “of part 441”.
    § 438.350 [Amended]
    6. In § 438.350 amend paragraph (d) by removing the reference “§ 438.364(a)(1)(i) through (iv).” and adding in its place the reference “§ 438.364(a)(2)(i) through (iv).”.
    § 438.358 [Amended]
    7. In § 438.358 amend paragraph (a)(2) by removing the reference “§ 438.364(a)(i) through (iv).” and adding in its place the reference “§ 438.364(a)(2)(i) through (iv).”.
    § 438.358 [Amended]
    8. In § 438.358 amend paragraph (c)(3) by removing the reference “§ 438.358(b)(2)” and adding in its place the reference “§ 438.358(b)(1)(ii)”.
    § 438.358 [Amended]
    9. In § 438.358 amend paragraph (c)(4) by removing the reference “§ 438.358(b)(1)” and adding in its place the reference “§ 438.358(b)(1)(i)”.
    § 438.604 [Amended]
    10. In § 438.604 amend paragraph (a)(2) by removing the reference “§ 438.3” and adding in its place the reference “§ 438.4”. PART 457—ALLOTMENTS AND GRANTS TO STATES 11. The authority citation for part 457 continues to read as follows: Authority:

    Sec. 1102 of the Social Security Act (42 U.S.C. 1302).

    § 457.1201 [Amended]
    12. In § 457.1201— a. Amend paragraph (l) by removing the reference “§ 438.3(n).” and adding in its place the reference “§ 457.496.”. b. Amend paragraph (n)(2) by removing the phrase “(cross-referencing § 438.330(b)(3), (c),” and adding in its place the phrase “(cross-referencing § 438.330(b)(2), (b)(3), (c),”.
    § 457.1203 [Amended]
    13. In § 457.1203— a. Amend paragraph (a) by removing the open parenthesis “(” before the word “implementing”. b. Amend paragraph (e) by adding a comma “,” after the term “MCOs” and by removing the word “to” after the word “under”.
    § 457.1210 [Amended]
    14. In § 457.1210— a. Amend paragraph (c)(2) by removing the word “Explains” and adding in its place the word “Explain”. b. Amend paragraph (c)(4) by removing the word “Explains” and adding in its place the word “Explain”. 15. Section 457.1214 is revised to read as follows:
    § 457.1214 Conflict of interest safeguards.

    The State must have in effect safeguards against conflict of interest in accordance with the terms of § 438.58 of this chapter, except that references to § 438.54(b) should be read to refer to the enrollment processes described in § 457.1210(a).

    16. Section 457.1228 is revised to read as follows:
    § 457.1228 Emergency and poststabilization services.

    The State must ensure that emergency and poststabilization care services are available and accessible to enrollees in accordance with the terms of § 438.114 of this chapter.

    17. Section 457.1230 is amended by revising paragraphs (c) and (d) to read as follows:
    § 457.1230 Access Standards

    (c) Coordination and continuity of care. The State must ensure, through its contracts, that each MCO, PIHP and PAHP complies with the coordination and continuity of care requirements in accordance with the terms of § 438.208 of this chapter, except that the applicability date in § 438.208(d) does not apply.

    (d) Coverage and authorization of services. The State must ensure, through its contracts, that each MCO, PIHP or PAHP complies with the coverage and authorization of services requirements in accordance with the terms of § 438.210 of this chapter, except that the following do not apply: § 438.210(a)(5) of this chapter (related to medical necessity standard); § 438.210(b)(2)(iii) of this chapter (related to authorizing LTSS), and § 438.210(f) (relating to the applicability date).

    § 457.1233 [Amended]
    18. In § 457.1233 amend paragraph (b) by removing the phrase “and PAHP” and adding in its place the term “PAHP, and PCCM”. 19. Section 457.1240 is amended by revising paragraph (e) and correcting the heading for paragraph (f) to read as follows:
    § 457.1240 Quality measurement and improvement.

    (e) Managed care quality strategy. The State must draft and implement a written quality strategy for assessing and improving the quality of health care and services furnished CHIP enrollees as described in § 438.340 of this chapter.

    (f) Applicability to PCCM entities. * * *

    20. Section 457.1250 is amended by revising paragraph (a) to read as follows:
    § 457.1250 External quality review.

    (a) Each State that contracts with MCOs, PIHPs, or PAHPs must follow all applicable external quality review requirements as set forth in §§ 438.350 (except for references to §§ 438.362), 438.352, 438.354, 438.356, 438.358, 438.360 (only with respect to nonduplication of EQR activities with private accreditation) and § 438.364 of this chapter. In the case of a contract with a PCCM entity described in § 457.1240(f), § 438.350 (except for references to § 438.362) of this chapter applies.

    21. Section 457.1260 is revised by adding a sentence at the end of the section to read as follows:
    § 457.1260 Grievance system.

    * * * The applicability date in § 438.400(c) does not apply to CHIP.

    Dated: December 21, 2016. Wilma M. Robinson, Deputy Executive Secretary to the Department, Department of Health and Human Services.
    [FR Doc. 2016-31650 Filed 12-30-16; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Parts 204, 206, and 207 [Docket ID: FEMA-2016-0034] RIN 1660-AA89 Update of FEMA's Public Assistance and Fire Management Assistance Grant Regulations To Reflect the Terminology of Uniform Administrative Requirements, Cost Principles, and Audit Requirements AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final rule.

    SUMMARY:

    The Federal Emergency Management Agency (FEMA) is amending its Public Assistance and Fire Management Assistance Grant regulations to update the terms it uses to describe grantees and subgrantees, to reflect the terminology used in the Office of Management and Budget (OMB) Uniform Guidance on Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

    DATES:

    Effective January 3, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Christopher Logan, Director, Public Assistance Division, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, 202-646-3834.

    SUPPLEMENTARY INFORMATION: I. Background

    The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Stafford Act), Title 42 of the United States Code (U.S.C.) 5121 et seq., authorizes the President to provide Federal assistance when the magnitude of an incident or threatened incident exceeds the affected State, Territorial, Indian Tribal, and local government capabilities to respond or recover. FEMA provides assistance to State, Territorial, Indian Tribal, and local governments and certain types of private nonprofit (PNP) organizations via its Public Assistance program. Through the Public Assistance program, FEMA provides supplemental Federal disaster grant assistance for debris removal, emergency protective measures, and the restoration of disaster-damaged, publicly owned facilities and the facilities of certain PNP organizations. The Public Assistance program also encourages protection of these damaged facilities from future events by providing assistance for hazard mitigation measures. FEMA regulations for the Public Assistance program are found at 44 CFR part 206. The regulations at 44 CFR part 207, “Management Costs,” also apply to Public Assistance awards.

    Fire Management Assistance is available to States, local and tribal governments, for the mitigation, management, and control of fires on publicly or privately owned forests or grasslands, which threaten such destruction as would constitute a major disaster. FEMA Regional Administrators (RAs) have the authority to issue Fire Management Assistance Grant (FMAG) declarations for wildfires that threaten such destruction that would constitute a major disaster. The regulations governing the FMAG program are found at 44 CFR part 204.

    The Office of Management and Budget (OMB) establishes Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, found at 2 CFR part 200. These regulations apply to awards under FEMA's Public Assistance and FMAG programs.

    II. The Adoption of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

    On December 26, 2013, OMB published final government-wide guidance entitled, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 78 FR 78589. The Uniform Guidance set standard requirements for Federal awards across the entire Federal government and consolidated the language from OMB circulars into one set of guidance that is located at 2 CFR part 200. In December 2014, OMB and Federal award-making agencies published a joint interim final rule that implemented the Uniform Guidance. 79 FR 75871. DHS adopted the Uniform Guidance at 2 CFR part 3002.

    In the interim final rule, FEMA amended 44 CFR via a technical amendment that removed part 13 (FEMA's grant administration regulations) and replaced all references to part 13 with references to 2 CFR parts 200 and 3002. FEMA replaced general references to part 13 with the general citations to 2 CFR parts 200 and 3002. To the extent applicable, FEMA also replaced references to specific portions of part 13 with the corresponding pinpoint citations to 2 CFR parts 200 and 3002.

    FEMA adopted the interim final rule as final, with one change, on October 2, 2015. 80 FR 59549. The change was a reinsertion of a provision that was inadvertently removed by the interim final rule.

    III. Revisions to 44 CFR Parts 204 and 206

    In this final rule, FEMA is updating its Public Assistance and FMAG program regulations to reflect two terms used in 2 CFR part 200. The Uniform Guidance uses the terms “recipient” and “subrecipient” when referring to entities that receive Federal awards, whereas FEMA's regulations use the terms “grantee” and “subgrantee” when referring to entities that receive Federal awards under FEMA Public Assistance and FMAG grant programs. To improve consistency with the Uniform Guidance, FEMA is replacing the term “grantee” with “recipient” and the term “subgrantee” with “subrecipient” throughout 44 CFR part 204 and 44 CFR part 206, subparts G, H, and I. Although grantees and subgrantees, as defined in 44 CFR parts 204 and 206, are considered to be recipients and subrecipients under 2 CFR part 200, FEMA intends to use comparable terms to avoid confusion and provide consistency between applicable regulations and Public Assistance policy.1

    1 FEMA has updated its Public Assistance program policy to reflect terms used in 2 CFR part 200. Public Assistance Program and Policy Guide, FP 104-009-2 (January 2016).

    FEMA is not making substantive revisions to the current definitions for the terms “grantee” and “subgrantee.” The Uniform Guidance provides that “[d]ifferent definitions [of the terms “recipient” and “subrecipient,” among other terms] may be found in Federal statutes or regulations that apply more specifically to particular programs or activities.” 2 CFR 200.1. As such, although FEMA is replacing the terms “grantee” and “subgrantee” with the terms “recipient” and “subrecipient,” respectively, FEMA is continuing to use the definitions for these terms at 44 CFR part 204 and 44 CFR part 206, subpart G, which apply more specifically to the Public Assistance and FMAG programs.2

    2 Because FEMA is replacing the terms in existing definitions, we are redesignating the paragraphs in § 206.201 to maintain alphabetical order.

    FEMA is also replacing remaining references to 44 CFR part 13 with references to 2 CFR part 200. This is a technical change to correct citations that were not updated by the December 19, 2014 joint interim final rule. Finally, FEMA is correcting two typographical errors to citations in 44 CFR part 206. In § 206.222(b), the reference to § 205.221(e) will be corrected to § 206.221(e). In § 206.226(f)(2), the reference to paragraph (d)(1) will be corrected to paragraph (f)(1).

    IV. Revisions to 44 CFR Part 207

    The regulations at 44 CFR part 207, “Management Costs,” apply to Public Assistance and Hazard Mitigation Grant Program (HMGP) awards. To ensure consistency with the terminology used in both Public Assistance and HMGP regulations, FEMA is revising the definitions of “Grantee” and “Subgrantee” in 44 CFR part 207 to make clear that in part 207 as well, the terms “Grantee” and “Recipient” are interchangeable, as are the terms “Subgrantee” and “Subrecipient.” This is a non-substantive change to make it clear that the terms are interchangeable and that 44 CFR part 207 applies to Public Assistance and HMGP awards regardless of the terminology used in the program regulations.

    This rule makes technical and nomenclature changes intended to reduce confusion and encourage the use of consistent terminology in the administration of Public Assistance and FMAG awards.

    V. Regulatory Analyses A. Administrative Procedure Act

    FEMA did not undertake notice and comment for this regulation because it is making purely technical and non-substantive terminology changes. The Administrative Procedure Act (APA) provides that an agency may dispense with notice and comment rulemaking procedures when an agency, for good cause, finds those procedures are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b). FEMA finds that such procedures are unnecessary for this rule because this rule makes technical updates and non-substantive terminology changes to improve consistency with 2 CFR part 200, and does not change any regulatory requirements. For instance, this rule will not change the requirements to request assistance, the eligibility requirements to receive assistance, the amount of assistance available, or the appeals process under the FMAG or Public Assistance programs. The changes made by this rule do not change or confer any substantive rights, benefits or obligations. For the same reasons, under 5 U.S.C. 553(d)(3), FEMA finds that it has good cause to make this final rule effective immediately.

    B. Executive Order 12866, as Amended, Regulatory Planning and Review; Executive Order 13563, Improving Regulation and Regulatory Review

    Executive Orders 13563 and 12866 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a “significant regulatory action,” under section 3(f) of Executive Order 12866. Accordingly, the rule has not been reviewed by the Office of Management and Budget. As this rule involves non-substantive changes that will not change FEMA's administration of the subject regulations, FEMA expects that the rule will not impose any costs on the public.

    C. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, as amended, (5 U.S.C. 601-612), agencies must consider the impact of their rulemakings on “small entities” (small businesses, small organizations and local governments) when issuing a notice of proposed rulemaking. As FEMA is not issuing a proposed rule for this action, the Regulatory Flexibility Act does not apply.

    List of Subjects 44 CFR Part 204

    Administrative practice and procedure, Fire prevention, Grant programs, and Reporting and recordkeeping requirements.

    44 CFR Part 206

    Administrative practice and procedure, Coastal zone, Community facilities, Disaster assistance, Fire prevention, Grant programs-housing and community development, Housing, Insurance, Intergovernmental relations, Loan programs-housing and community development, Natural resources, Penalties, and Reporting and recordkeeping requirements.

    44 CFR Part 207

    Administrative practice and procedure, Disaster assistance, Grant programs, and Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, and under the authorities listed below, the Federal Emergency Management Agency amends 44 CFR Chapter I as follows:

    PART 204—FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM 1. The authority citation for part 204 continues to read as follows: Authority:

    42 U.S.C. 5121 through 5207; 6 U.S.C. 101 et seq.; Department of Homeland Security Delegation 9001.1.

    § 204.3 [Amended]
    2. In § 204.3— a. Revise the defined term “Grantee” to read “Recipient” and place the definition in appropriate alphabetical order; b. Revise the defined term “Subgrantee” to read “Subrecipient” and place the definition in appropriate alphabetical order; c. Remove the word “Grantee” wherever it appears and add in its place the word “recipient”; d. Remove the word “grantee” wherever it appears and add in its place the word “recipient”; and e. Remove the word “subgrantee” wherever it appears and add in its place the word “subrecipient”.
    § 204.25 [Amended]
    3. In § 204.25(a), remove the word “Grantee” and add in its place the word “recipient”.
    § 204.41 [Amended]
    4. In § 204.41(a) introductory text, remove the word “Grantee” and add in its place the word “recipient”.
    § 204.42 [Amended]
    5. In § 204.42(a)(3), remove the word “Grantees” and add in its place the word “Recipients” and remove the word “subgantees” and add in its place the word “subrecipients”.
    § 204.43 [Amended]
    6. In § 206.43(c), remove the word “subgrantee's” and add in its place the word “subrecipient's”.
    § 204.51 [Amended]
    7. In § 204.51, remove the word “Grantee” wherever it appears and add in its place the word “recipient”.
    § 204.52 [Amended]
    8. In § 204.52, remove the word “Grantee” wherever it appears and add in its place the word “recipient”.
    § 204.53 [Amended]
    9. In § 204.53(a), remove the word “Grantee” and add in its place the word “recipient”.
    § 204.54 [Amended]
    10. In § 204.54— a. In the introductory text, remove the word “subgrantee” and add in its place the word “subrecipient” and remove the word “grantee” and add in its place the word “recipient”; b. In paragraph (a), remove the words “grantee-related” and add in their place the words “recipient-related”, remove the word “grantee” wherever it appears and add in its place the word “recipient”, and remove the word “subgrantee” wherever it appears and add in its place the word “subrecipient”; c. In paragraph (c)(2), remove the word “subgrantee” and add in its place the word “subrecipient” and in paragraph (c)(3), remove the word “grantee” wherever it appears and add in its place the word “recipient”; and d. In paragraph (d), remove the word “grantee” and add in its place the word “recipient”.
    § 204.62 [Amended]
    11. In § 204.62(c), remove the word “Grantee” and add in its place the word “recipient” and remove the word “subgrantee” and add in its place the word “subrecipient”.
    § 204.63 [Amended]
    12. In § 204.63(b), remove the word “Grantee's” and add in its place the word “recipient's”.
    § 204.64 [Amended]
    13. In § 204.64(b)(1), remove the word “Grantee” and add in its place the word “recipient” and remove the word “subgrantees” and add in its place the word “subrecipients”. PART 206—FEDERAL DISASTER ASSISTANCE 14. The authority citation for part 206 continues to read as follows: Authority:

    Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 through 5207; Homeland Security Act of 2002, 6 U.S.C. 101 et seq.; Department of Homeland Security Delegation 9001.1; sec. 1105, Pub. L. 113-2, 127 Stat. 43 (42 U.S.C. 5189a note).

    § 206.120 [Amended]
    15. In § 206.120(d)(4)(iv)(A), remove the words “44 CFR 13.41” and add in their place the words “2 CFR 200.327”.
    § 206.200 [Amended]
    16. In § 206.200(b), remove the word “Grantee” wherever it appears and add in its place the word “recipient”, remove the word “subgrantee” and add in its place the word “subrecipient”; and remove the word “subgrantees” wherever it appears and add in its place the word “subrecipients”. 17. In § 206.201— a. In paragraph (a), remove the word “Grantee” and add in its place the word “recipient”; b. Remove paragraph (e); c. Redesignate paragraph (e) as paragraph (m); and redesignate paragraphs (f) through (m) as paragraphs (e) through (l); d. In newly redesignated paragraph (l), remove the word “Grantee” and add in its place the word “recipient”; e. Add new paragraph (m); f. In paragraph (n), remove the word “grantee” and add in its place the word “recipient”; and remove the word “subgrantee” and add in its place the word “subrecipient”; and g. Revise the paragraph (o) heading to read “Subrecipient” and in paragraph (o), remove the word “grantee” and add in its place the word “recipient”.

    The addition reads as follows:

    § 206.201 Definitions used in this part.

    (m) Recipient. Recipient means the government to which a grant is awarded, and which is accountable for the use of the funds provided. The recipient is the entire legal entity even if only a particular component of the entity is designated in the grant award document. Generally, except as provided in § 206.202(f), the State for which the emergency or major disaster is declared is the recipient. However, an Indian Tribal government may choose to be a recipient, or it may act as a subrecipient under the State. If an Indian Tribal government is the recipient, it will assume the responsibilities of the “recipient” or “State” as described in this part with respect to administration of the Public Assistance program.

    § 206.202 [Amended]
    18. In § 206.202— a. In paragraph (a), remove the word “Grantee” wherever it appears and add in its place the word “recipient”; b. In the paragraph (b) heading, remove the word “Grantee” and add in its place the word “Recipient”; c. In paragraph (b)(1), remove the word “subgrantees” and add in its place the word “subrecipients”; d. In paragraphs (c) and (e), remove the word “Grantee” wherever it appears and add in its place the word “recipient”; e. In paragraph (f)(1)(i), remove the word “grantee” and add in its place the word “recipient”; and f. In paragraph (f)(2), remove the word “Grantees” and add in its place the word “recipient”, remove the word “grantee's” and add in its place the word “recipient's”, and remove the word “subgrantee's” and add in its place the word “subrecipient's”.
    § 206.203 [Amended]
    19. In § 206.203— a. In paragraph (c)(1), remove the word “grantee” and add in its place the word “recipient”; b. In paragraph (d)(1), remove the word “subgrantee” and add in its place the word “subrecipient”; and remove the word “Grantee's” and add in its place the word “recipient's”; c. In paragraph (d)(2) introductory text, remove the word “subgrantee” and add in its place the word “subrecipient” and remove the word “Grantee” and add in its place the word “recipient”; and d. In paragraph (d)(2)(v), remove the word “Grantee” wherever it appears and add in its place the word “recipient”.
    § 206.204 [Amended]
    20. In § 206.204— a. In paragraph (c)(2), remove the word “Grantee” wherever it appears and add in its place the word “recipient” and in paragraph (c)(2)(ii), remove the word “subgrantee” and add in its place the word “subrecipient”; b. In paragraph (d) introductory text, remove the word “Grantee's” and add in its place the word “recipient's” and remove the word “Grantee” and add in its place the word “recipient”; c. In paragraph (d)(2), remove the word “Grantee” and add in its place the word “recipient”; and remove the word “grantee” and add in its place the word “recipient”; d. In paragraph (e), remove the word “subgrantee” wherever it appears and add in its place the word “subrecipient”; e. In paragraph (e)(2), remove the word “Grantee” wherever it appears and add in its place the word “recipient”; and f. In paragraph (f), remove the word “Grantee” wherever it appears and add in its place the word “recipient” and remove the word “grantee” and add in its place the word “recipient”.
    § 206.205 [Amended]
    21. In § 206.205(a) and (b), remove the word “Grantee” wherever it appears and add in its place the word “recipient”; and remove the word “subgrantee” wherever it appears and add in its place the word “subrecipient”.
    § 206.206 [Amended]
    22. In § 206.206— a. In the introductory text and paragraphs (a), (c), and (d), remove the word “grantee” wherever it appears, and add in its place the word “recipient”; and remove the word “subgrantee” wherever it appears and add in its place the word “subrecipient”; and b. In paragraph (a), remove the words “grantee-related” and add in their place the words “recipient-related”.
    § 206.207 [Amended]
    23. In § 206.207— a. In paragraph (b)(1)(iii)(D), remove the word “subgrantees” and add in its place the word “subrecipients”; b. In paragraph (b)(1)(iii)(F), remove the word “grantee” and add in its place the word “recipient”; c. In paragraph (b)(1)(iii)(K), remove the word “grantee” and add in its place the word “recipient”, remove the word “subgrantees” and add in its place the word “subrecipients”, and remove the word “subgrantee” and add in its place the word “subrecipient”; d. In paragraph (b)(2), remove the word “Grantee” and add in its place the word “recipient”; e. In paragraph (b)(3) and (4), remove the word “Grantee” wherever it appears and add in its place the word “recipient”; and f. In paragraph (c)(1), remove the word “grantees” and add in its place the word “recipients” and remove the word “subgrantees” and add in its place the word “subrecipients”.
    § 206.208 [Amended]
    24. In § 206.208, in paragraphs (a), (b) introductory text, and (e)(1) and (2), remove the word “Grantee” wherever it appears and add in its place the word “recipient”.
    § 206.209 [Amended]
    25. In § 206.209— a. In paragraph (b) introductory text, remove the word “subgrantee” and add in its place the word “subrecipient”; b. In paragraphs (e), (f), and (i)(2), remove the word “Grantee” wherever it appears and add in its place the word “recipient”; and c. In paragraph (e)(3), remove the word “Grantee's” and add in its place the word “recipient's”. 26. In § 206.210— a. In paragraph (a), remove the word “subgrantee” and add in its place the word “subrecipient”; b. In paragraph (b), remove the definition of “Grantee” and add a definition for “Recipient” in alphabetical order; c. In paragraph (b), remove the word “grantee” wherever it appears and add in its place the word “recipient”; d. In paragraphs (f), (g), (h)(1)(i) and (ii), (h)(2)(iii), and (h)(3), remove the word “grantee” wherever it appears and add in its place the word “recipient”; e. In the paragraph (h)(1) heading, remove the word “Grantee” and add in its place the word “Recipient”; and f. In paragraph (h)(1)(i), remove the word “grantee's” and add in its place the word “recipient's”.

    The addition reads as follows:

    § 206.210 Dispute Resolution Pilot Program.

    (b) * * *

    Recipient is used throughout this regulation text and it refers to the definition in FEMA's regulations at 44 CFR 206.201(m).

    § 206.222 [Amended]
    27. In § 206.222(b), remove the reference “§ 205.221(e)” and add in their place the reference “§ 206.221(e)”.
    § 206.226 [Amended]
    28. In § 206.226— a. In paragraph (a)(2), remove the word “grantees” and add in its place the word “recipients”; b. In paragraph (b), remove the word “grantee” and add in its place the word “recipient”; and c. In paragraph (f)(2), remove the words “paragraph (d)(1)” and add, in their place, the words “paragraph (f)(1)”.
    § 206.228 [Amended]
    29. In § 206.228— a. In the introductory text, remove the words “44 CFR 13.22” and add in their place the words “2 CFR 200, subpart E” and remove the words “44 CFR 13.4 and 13.6” and add in their place the words “2 CFR 200, subpart E and 2 CFR 200.102”; and b. In paragraphs (a)(2) introductory text and (a)(2)(ii), remove the word “grantee's” wherever it appears and add in its place the word “recipient's” and remove the word “subgrantee's” wherever it appears and add in its place the word “subrecipient's”.
    § 206.250 [Amended]
    30. In § 206.250(b), remove the word “Grantee” and add in its place the word “recipient”.
    § 206.252 [Amended]
    31. In § 206.252— a. In paragraph (c), remove the word “Grantee” and add in its place the word “recipient” and remove the word “grantee” and add in its place the word “recipient”; and b. In paragraph (d), remove the word “grantee” and add in its place the word “recipient” and remove the word “subgrantee” and add in its place the word “subrecipient”.
    § 206.253 [Amended]
    32. In § 206.253— a. In paragraphs (a), (c), and (e), remove the word “Grantee” wherever it appears and add in its place the word “recipient”; and b. In paragraphs (b)(1) and (c), remove the word “grantee” wherever it appears and add in its place the word “recipient”. PART 207—MANAGEMENT COSTS 33. The authority citation for part 207 continues to read as follows: Authority:

    Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 through 5206; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; Homeland Security Act of 2002, 6 U.S.C. 101; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412; E.O. 13286, 68 FR 10619, 3 CFR, 2003 Comp., p. 166.

    § 207.2 [Amended]
    34. In § 207.2— a. Revise the defined term “Grantee” to read “Grantee (alternatively, Recipient)”; and b. Revise the defined term “Subgrantee” to read “Subgrantee (alternatively, Subrecipient)”. Dated: December 21, 2016. W. Craig Fugate, <E T="03">Administrator, Federal Emergency Management Agency.</E>
    [FR Doc. 2016-31380 Filed 12-30-16; 8:45 am] BILLING CODE 9111-66-P
    NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Humanities 45 CFR Part 1171 RIN 3136-AA37 Regulations Implementing the FOIA Improvement Act of 2016 AGENCY:

    National Endowment for the Humanities, National Foundation On the Arts and the Humanities.

    ACTION:

    Final rule.

    SUMMARY:

    On June 30, 2016, President Obama signed the Freedom of Information Act (“FOIA”) Improvement Act of 2016 (the “FOIA Improvement Act”). Section 3 of the FOIA Improvement Act requires, that not later than 180 days after the date of its enactment, the head of each agency review and revise the agency's regulations to implement the FOIA Improvement Act's amendments. The FOIA Improvement Act specifically requires that the regulations of each agency include procedures for engaging in dispute resolution through the FOIA Public Liaison and the Office of Government Information Services. After undertaking a review of its FOIA regulations in accordance with Section 3 of the FOIA Improvement Act, NEH is revising its FOIA regulations to incorporate the statutory mandates.

    DATES:

    This rule is effective February 2, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Adam Kress, Attorney-Advisor, Office of the General Counsel, National Endowment for the Humanities, 400 7th Street SW., Room 4060, Washington, DC 20506, (202) 606-8322, [email protected]

    SUPPLEMENTARY INFORMATION:

    NEH is amending its FOIA regulations published at 45 CFR part 1171 to incorporate changes required by the FOIA Improvement Act.

    Background

    Section 10 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 959) authorizes the Chairperson of NEH to prescribe such regulations as he or she deems necessary governing the manner in which the Chairperson's functions shall be carried out.

    This rulemaking amends NEH's existing regulations providing Public Access to NEH Records Under the Freedom of Information Act (45 CFR part 1171) by incorporating changes to the FOIA by the FOIA Improvement Act. Among other things, the FOIA Improvement Act requires that agencies (i) make records that have been both released previously and requested three or more times available to the public in electronic format, (ii) establish a minimum of ninety days for requesters to appeal an adverse determination, and (iii) provide, or direct requesters to, dispute resolution services at various times throughout the FOIA process. The FOIA Improvement Act also updates how agencies may charge search, duplication and review fees.

    NEH amends 45 CFR part 1171 as follows:

    • By amending 45 CFR 1171.4 to “make available for public inspection in an electronic format” records that have been previously released and either (i) are likely to be subject to subsequent requests for substantially the same records, or (ii) “that have been requested three or more times.”

    • By amending 45 CFR 1171.7 & 1171.8 to indicate that the requester may seek assistance from NEH's Public Liaison and/or the Office of Government Information Services at various times throughout the FOIA process.

    • By amending 45 CFR 1171.10 to change the appeals deadline from thirty days to ninety days.

    • By amending 45 CFR 1171.11 to provide additional limitations on the fees charged by NEH.

    Good Cause for Final Adoption

    NEH ordinarily promulgates amendments to the Code of Federal Regulations in accordance with the notice-and-comment rulemaking procedure in Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553). That provision requires that agencies publish notice of a proposed rule or amended rule in the Federal Register, and that such agencies solicit and consider public comment on the proposed rule or amendment, and publish any final rule at least thirty days prior to its effective date.

    Section 553 of the APA, however, allows agencies to dispense with the above notice and comment procedures when the agency has “good cause” for concluding that such procedures are “impracticable, unnecessary, or contrary to the public interest.” Under the APA, an agency may issue a final rule without seeking comment prior to the rulemaking, for good cause.

    NEH's proposed amendments to its FOIA regulations are required by the FOIA Improvement Act, do not reflect or empower agency discretion, and provide additional protection to the public. For these reasons, NEH finds good cause to conclude that it is not necessary for the public to have notice and an opportunity to comment on the amendments described below.

    Regulatory Analysis of the Proposed Amendments

    These amendments do not constitute a “significant regulatory action” under Executive Order 12866 (58 FR 51735, Oct. 4, 1993) and therefore are not subject to Office of Management and Budget (OMB) review.

    The Regulatory Flexibility Act (5 U.S.C. 601, et seq.) is inapplicable to this rulemaking because it is not one for which a notice of proposed rulemaking is required under 5 U.S.C. 553(b) or any other statute.

    For purposes of the Unfunded Mandates Reform Act of 1995, Public Law 104-4 (2 U.S.C. 1531-1538), these amendments will not result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, nor will they significantly or uniquely affect small governments.

    These amendments are not “major rules” as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801, et seq.). Moreover, they are exempt from the reporting requirements of that Act because they are rules of agency procedure and practice that do not substantially affect the rights or obligations of non-agency parties.

    The Paperwork Reduction Act (44 U.S.C. 3501, et seq.), does not apply to these amendments because they do not contain any new information collection requirements that need OMB approval.

    List of Subjects in 45 CFR Part 1171

    Administrative practice and procedure, Fees, Freedom of Information.

    For the reasons discussed in the preamble, NEH amends 45 CFR part 1171 as follows:

    PART 1171—PUBLIC ACCESS TO NEH RECORDS UNDER THE FREEDOM OF INFORMATION ACT 1. The authority citation for part 1171 is revised to read as follows: Authority:

    5 U.S.C. 552; 20 U.S.C. 959; 31 U.S.C. 3717; E.O. 12600.

    2. Amend § 1171.4 by revising paragraphs (a) and (b) to read as follows:
    § 1171.4 Public availability of records.

    (a) In accordance with 5 U.S.C. 552(a)(2), the NEH will make the following records available for public inspection in an electronic format (unless they are published and copies are offered for sale) without a FOIA request:

    (1) Final opinions, including concurring and dissenting opinions, as well as orders made in the adjudication of cases,

    (2) Statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register,

    (3) Administrative staff manuals and instructions to staff that affect a member of the public,

    (4) Copies of all records, regardless of format, which have been released to any person under 5 U.S.C. 552(a)(3) and which because of their subject matter, the NEH determines have become or are likely to become subject to subsequent requests for substantially the same records, or have been requested three (3) or more times; and

    (5) A general index of the records referred to in paragraph (b) of this section.

    (b) The NEH will also maintain and make available for public inspection in an electronic format current indexes as required by 5 U.S.C. 552(a)(2) of the FOIA. However, since the NEH has determined that publication and distribution of these indexes is unnecessary and impracticable, the NEH will provide these indexes upon request at a cost not to exceed the direct cost of the duplication.

    3. Amend § 1171.7 by revising paragraph (d)(1)(ii) to read as follows:
    § 1171.7 Timing of responses to requests.

    (d) * * *

    (1) * * *

    (ii) If the extension will be for more than ten (10) working days, the NEH will provide the requester with an opportunity either to modify the request so that it may be processed within the time limit or to arrange an alternative time period to process the request or a modified request. To aid the requester, NEH shall make available its FOIA Public Liaison, who shall assist in the resolution of any disputes between the requester and the agency, and shall notify the requester of his or her right to seek dispute resolution services from the Office of Government Information Services.

    4. Amend § 1171.8 by revising paragraphs (b) and (c) to read as follows:
    § 1171.8 Responses to requests.

    (b) Grants of requests. If the NEH makes a determination to grant a request in whole or in part, it will notify the requester in writing of such determination and the reasons therefore, and the requester's right to seek assistance from NEH's FOIA Public Liaison. The NEH will inform the requester of any applicable fees and will disclose records to the requester promptly on payment of any applicable fees. The NEH will mark or annotate records disclosed in part to show the amount of information deleted pursuant to a FOIA exemption, unless doing so would harm an interest protected by an applicable FOIA exemption. If technically feasible, the NEH will also indicate, on the agency record(s) it provides, the location of the information deleted.

    (c) Denials of requests. If the NEH makes a determination to deny a request in any respect, the NEH will also notify the requester in writing of:

    (1) The name and title or position of the person responsible for the denial;

    (2) A brief statement of the reason(s) for the denial, including any FOIA exemption applied by the NEH in denying the request;

    (3) An estimate of the volume of records or information withheld, if applicable, although such an estimate is not required if the volume is otherwise indicated through deletion on the records disclosed in part, or if providing such an estimate would harm an interest protected by an applicable exemption;

    (4) The requester's right to seek dispute resolution services from NEH's FOIA Public Liaison or the Office of Government Information Services; and

    (5) A statement that the requester may appeal the denial under § 1171.10 and a description of the requirements to appeal.

    5. Amend § 1171.10 by revising paragraph (a) to read as follows:
    § 1171.10 Administrative appeals.

    (a) You may appeal a denial of your request for NEH records (except NEH OIG records) and/or FCAH records to The Deputy Chairman, National Endowment for the Humanities, 400 7th Street SW., Room 4053, Washington, DC 20506. You may also send your appeal to the NEH General Counsel by facsimile at 202-606-8600, by email at [email protected], or through the NEH's electronic FOIA request system, which is available on the NEH Web site at www.neh.gov. For a denial of your request for OIG records, you may appeal by facsimile at 202-606-8329, by email at [email protected] or by mail to The Inspector General, National Endowment for the Humanities, 400 7th Street SW., Room 2200, Washington, DC 20506. Your appeal must be in writing and received by NEH within ninety (90) days of the date of the letter denying your request in whole or in part. Your appeal letter must clearly identify the NEH decision that you are appealing and contain the tracking number, if assigned. You should clearly mark your appeal letter and envelope “Freedom of Information Act Appeal.”

    6. Amend § 1171.11 by revising paragraph (d)(3) to read as follows:
    § 1171.11 Fees.

    (d) * * *

    (3) If NEH fails to comply with the FOIA's time limits in which to respond to a request, it may not charge search fees, or, in the instances of requests from requesters described in paragraphs (b)(4) through (6) of this section, may not charge duplication fees, except as described in paragraphs (d)(3)(i) through (iii) of this section.

    (i) If NEH has determined that unusual circumstances, as defined by the FOIA, apply and NEH has provided timely written notice to the requester in accordance with the FOIA, a failure to comply with the time limit shall be excused for an additional ten (10) working days.

    (ii) If NEH has determined that unusual circumstances, as defined by the FOIA, apply and more than 5,000 pages are necessary to respond to the request, NEH may charge search fees, or, in the case of requesters described in paragraphs (b)(4) through (6) of this section, may charge duplication fees, provided NEH provided timely written notice of unusual circumstances to the requester in accordance with the FOIA and NEH discussed with the requester via written mail, email, or telephone (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request in accordance with 5 U.S.C. 552(a)(6)(B)(ii).

    (iii) If a court has determined that exceptional circumstances exist, as defined by the FOIA, a failure to comply with the time limits shall be excused for the length of time provided by the court order.

    Dated: December 23, 2016. Elizabeth Voyatzis, Deputy General Counsel.
    [FR Doc. 2016-31521 Filed 12-30-16; 8:45 am] BILLING CODE 7536-01-P
    FEDERAL MARITIME COMMISSION 46 CFR Part 502 [Docket No. 16-08] RIN 3072-AC64 Rules of Practice and Procedure; Presentation of Evidence in Commission Proceedings; Correction AGENCY:

    Federal Maritime Commission.

    ACTION:

    Final rule; correction.

    SUMMARY:

    This document contains a correction to the effective date of the final rule published in the Federal Register of December 22, 2016, concerning Presentation of Evidence in Commission Proceedings.

    DATES:

    Effective on January 27, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Rachel E. Dickon, Assistant Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001, Phone: (202) 523-5725, Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The final rule published on December 22, 2016, 81 FR 93831, contained an incorrect effective date due to a typographical error. The correct effective date is January 27, 2017.

    Corrections

    In FR Rule Doc. 2016-30745, in the Federal Register of December 22, 2016 (81 FR 93831), the following correction is made:

    1. On page 93831, in the first column, in the DATES section, correct “January 27, 2016” to read “January 27, 2017.”

    Rachel E. Dickon, Assistant Secretary.
    [FR Doc. 2016-31412 Filed 12-30-16; 8:45 am] BILLING CODE 6731-AA-P
    GENERAL SERVICES ADMINISTRATION 48 CFR Part 504 [GSAR Change 80; GSAR Case 2016-G508; Docket No. 2016-0020; Sequence No. 1] RIN 3090-AJ80 General Services Administration Acquisition Regulation (GSAR); Update Contract Reporting Responsibilities AGENCY:

    Office of Acquisition Policy, General Services Administration (GSA).

    ACTION:

    Final rule.

    SUMMARY:

    The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to remove the section regarding contract reporting in the Federal Procurement Data System (FPDS) and to add a nonregulatory section in the General Services Acquisition Manual (GSAM).

    DATES:

    Effective: January 3, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Janet Fry, Procurement Analyst, at 703-605-3167, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite GSAR Case 2016-G508.

    SUPPLEMENTARY INFORMATION:

    I. Discussion of Changes

    In accordance with FAR section 4.604, the GSA Senior Procurement Executive, in coordination with the head of contracting activities, established internal procedures to monitor contractual actions entered into FPDS by the GSA acquisition workforce. The internal GSA procedures were incorrectly published in the GSAR. Therefore the GSA is amending the GSAR to remove section 504.604 regarding the internal processes for reporting and reviewing the accuracy of contract actions reported.

    The internal GSA procedures will be established as a nonregulatory section in the GSAM and communicated to the GSA acquisition workforce through a GSA internal policy letter (i.e., GSA Order). Even though the GSAM guidance is not included with the regulatory changes of this rule, it will be publicly available on https://www.acquisition.gov/?q=browsegsam.

    II. Public Comments Not Required

    41 U.S.C. 1707, Publication of proposed regulations, applies to the publication of the General Services Administration Acquisition Regulation. Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure or form (including amendment or modification thereof) must be published for public comment if it has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form or has a significant cost or administrative impact on contractor or offerors. This final rule is not required to be published for public comment, because there is no affect beyond internal operating procedures, nor does the rule impact contractors or offerors.

    III. Executive Order 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

    IV. Regulatory Flexibility Act

    The Regulatory Flexibility Analysis does not apply to this rule because this final rule does not constitute a significant GSAR revision and 41 U.S.C. 1707 does not require publication for public comment.

    V. Paperwork Reduction Act

    This final rule does not contain any information collection that requires additional approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35).

    List of Subjects in 48 CFR Part 504

    Government procurement.

    Dated: December 23, 2016. Nicholas West, Acting Senior Procurement Executive, Acting Director, Office of Acquisition Policy, Office of Governmentwide Policy.

    Therefore, GSA is amending 48 CFR part 504 as set forth below:

    PART 504—ADMINISTRATIVE MATTERS 1. The authority citation for 48 CFR part 504 continues to read as follows: Authority:

    40 U.S.C. 121(c).

    504.604 [Removed]
    2. Remove section 504.604.
    [FR Doc. 2016-31529 Filed 12-30-16; 8:45 am] BILLING CODE 6820-EP-P
    82 1 Tuesday, January 3, 2017 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9550; Directorate Identifier 2016-CE-026-AD] RIN 2120-AA64 Airworthiness Directives; Piper Aircraft, Inc. Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain Piper Aircraft, Inc. Models PA-31, PA-31-300, PA-31-325, and PA-31-350 airplanes. This proposed AD was prompted by fatigue cracking in the fuselage station (FS) 332.00 bulkhead common to the horizontal stabilizer front spar attachment. This proposed AD would require repetitive inspections to detect cracks in the bulkhead and any necessary repairs. This proposed AD also provides an optional modification if no cracks are found that will greatly reduce the likelihood of the specified cracks. We are issuing this proposed AD to correct the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by February 17, 2017.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

    Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this NPRM, contact Piper Aircraft, Inc., Customer Service, 2926 Piper Drive, Vero Beach, Florida 32960; telephone: (877) 879-0275; fax: none; email: [email protected]; Internet: www.piper.com. You may view this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9550; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Gregory “Keith” Noles, Aerospace Engineer, FAA, Atlanta Aircraft Certification Office, 1701 Columbia Avenue, College Park, Georgia 30337; phone: (404) 474-5551; fax: (404) 474-5606; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2016-9550; Directorate Identifier 2016-CE-026-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.

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

    Discussion

    We received reports of fatigue cracking in the FS 332.00 bulkhead common to the horizontal stabilizer front spar attachment on Piper Aircraft, Inc. PA-31 airplanes. Cracks in the bulkhead could compromise the structural component's capability to carry flight loads, increasing the potential to overload and fail adjacent structure. This proposed AD also provides an optional modification if no cracks are found that will greatly reduce the likelihood of the specified cracks. We are proposing this AD to detect and repair cracks in the bulkhead that could lead to structural failure and result in loss of control.

    Related Service Information Under 1 CFR Part 51

    We reviewed Piper Aircraft, Inc. Service Bulletin No. 1289A, dated October 26, 2016. The service information describes procedures for the repetitive inspections, necessary repairs, and the optional modification of the bulkhead. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination

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

    Proposed AD Requirements

    This proposed AD would require repetitive inspections to detect cracks in the bulkhead and any necessary repairs. This proposed AD also provides an optional modification if no cracks are found that will greatly reduce the likelihood of the specified cracks. We are proposing this AD to detect and repair cracks in the bulkhead, that could lead to structural failure and result in loss of control.

    Costs of Compliance

    We estimate that this proposed AD affects 955 airplanes of U.S. registry.

    We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Inspect for cracks in the bulkhead 1 work-hour × $85 per hour = $85 Not Applicable $85 $81,175

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

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Repair/Modification 26 work-hours × $85 per hour = $2,210 $296 $2,506
    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Piper Aircraft, Inc.: Docket No. FAA-2016-9550; Directorate Identifier 2016-CE-026-AD. (a) Comments Due Date

    We must receive comments by February 17, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Piper Aircraft, Inc. Navajo Models PA-31, PA-31-300, and PA-31-325, serial numbers 31-2 through 31-900, and 31-7300901 through 31-8312019; and Chieftain/T-1020 Models PA-31-350, serial numbers 31-5001 through 31-5004, and 31-7305005 through 31-8553002, certificated in any category.

    Note 1 to paragraph (c) of this AD:

    The Model PA-31 may also be identified as a PA-31-310 even though the PA-31-310 is not a model recognized by the Federal Aviation Administration (FAA) on the type certificate data sheet.

    (d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 5312: Fuselage—Main Bulkhead.

    (e) Unsafe Condition

    This AD was prompted by fatigue cracking in the fuselage station (FS) 332.00 bulkhead common to the horizontal stabilizer front spar attachment. We are proposing repetitive inspections to detect cracks in the bulkhead and any necessary repairs. This proposed AD also provides an optional modification if no cracks are found that will greatly reduce the likelihood of the specified cracks. Cracks in the bulkhead could compromise the structural components capability to carry flight loads, increasing the potential to overload and fail adjacent structure and lead to loss of control.

    (f) Compliance

    Comply with paragraphs (g)(1) through (3) of this AD within the compliance times specified, unless already done.

    (g) Actions

    (1) For airplanes with 3,000 hours time-in-service (TIS) or less as of the effective date of this AD: Initially within 500 hours TIS after reaching 3,000 hours TIS and repetitively thereafter every 200 hours TIS, inspect the fuselage station (FS) 332.00 bulkhead assembly for cracks following the instructions in Part I of Piper Aircraft, Inc. Service Bulletin (SB) No. 1289A, dated October 26, 2016.

    (2) For airplanes with over 3,000 hours TIS as of the effective date of this AD: Initially within the next 500 hours TIS after the effective date of this AD and repetitively thereafter every 200 hours TIS, inspect the FS 332.00 bulkhead assembly for cracks, following the instructions in Part I of Piper Aircraft, Inc. SB No. 1289A, dated October 26, 2016.

    (3) If cracks are found during any of the inspections required in paragraphs (g)(1) or (2) of this AD, before further flight, repair the cracks following the modification instructions in Part II of Piper Aircraft, Inc. SB No. 1289A, dated October 26, 2016, and one of the following as applicable:

    (i) If the crack does not extend beyond the inspection/template area of Figure 2 of Piper Aircraft, Inc. SB No. 1289A, dated October 26, 2016, and meets the minimum acceptable distance in Figure 3 and Table 2 of Part II of Piper Aircraft, Inc. SB No. 1289A, dated October 26, 2016, then the installation of Piper Kit 88578-001 Revision B, dated June 23, 2016, is acceptable as a repair and is considered terminating action for the repetitive inspection requirement in paragraphs (g)(1) and (2) of this AD.

    (ii) If the crack extends beyond the inspection/template area of Figure 2 of Piper Aircraft, Inc. SB No. 1289A, dated October 26, 2016, or does not meet the minimum acceptable distance in Figure 3 and Table 2 of Part II of Piper Aircraft, Inc. SB No. 1289A, dated October 26, 2016, then the installation of Piper Kit 88578-001 Revision B, dated June 23, 2016, is not an acceptable repair. You must obtain an alternative method of compliance (AMOC) for any repair or modification in this area. You may contact Piper Aircraft, Inc. for repair instruction development specific to this condition. For contact information refer to paragraph (j) of this AD.

    (4) If no cracks are found, you may install Piper Kit 88578-001 Revision B, dated June 23, 2016, on an uncracked bulkhead following the Modification instructions in Part II of Piper Aircraft, Inc. SB No. 1289A, dated October 26, 2016. Installation of Piper Kit 88578-001 Revision B, dated June 23, 2016, on an uncracked bulkhead is considered terminating action for the repetitive inspection requirement in paragraphs (g)(1) and (2) of this AD.

    (h) Special Flight Permit

    A special flight permit is allowed for this AD per 14 CFR 39.23 with limitations. Permits are not allowed if cracks are discovered during any inspection following Part I of Piper Aircraft, Inc. SB No. 1289A, dated October 26, 2016. Any cracks found during any inspection must be repaired before further flight.

    (i) Alternative Methods of Compliance (AMOCs)

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

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

    (j) Related Information

    (1) For more information about this AD, contact Gregory “Keith” Noles, Aerospace Engineer, FAA, Atlanta Aircraft Certification Office, 1701 Columbia Avenue, College Park, Georgia 30337; phone: (404) 474-5551; fax: (404) 474-5606; email: [email protected]

    (2) For service information identified in this AD, contact Piper Aircraft, Inc., Customer Service, 2926 Piper Drive, Vero Beach, Florida 32960; telephone: (877) 879-0275; fax: none; email: [email protected]; Internet: www.piper.com. You may review the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    Issued in Kansas City, Missouri, on December 13, 2016. Robert P. Busto, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-30716 Filed 12-30-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9519; Directorate Identifier 2016-NM-099-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A318, A319, A320, and A321 series airplanes. This proposed AD was prompted by in-service experience and further analysis, which showed that the galley 5 without kick-load retainers, was unable to withstand the expected loading during several flight phases or in case of emergency landing. This proposed AD would require modification of galley 5 by adding kick-load retainers. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by February 17, 2017.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

    Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    • For service information identified in this NPRM, contact Airbus, Airworthiness Office-EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425 227-1221.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9519; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2016-9519; Directorate Identifier 2016-NM-099-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

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

    Discussion

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive, 2016-0040, dated March 2, 2016, (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus Model A318, A319, A320, and A321 series airplanes. The MCAI states:

    Following in-service experience and further analyses, it was ascertained that the galley 5 without kick-load retainers on external position could not withstand the expected loading during several flight phases or in case of emergency landing.

    This condition, if not corrected, could lead to galley/trolley detachment and collapse into an adjacent cabin aisle or cabin zone, possibly spreading loose galley equipment items, compartment doors or leaking fluids, blocking an evacuation route, and consequently resulting in injury to crew or passengers.

    To address this potential unsafe condition, Airbus issued 6 Service Bulletins (SB) to provide modification instructions for the affected aeroplanes.

    For the reasons described above, this [EASA] AD requires modification of galley 5 trolley compartments to install kick-load retainers.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9519.

    Related Service Information Under1 CFR Part 51

    We reviewed the following Airbus service information: Airbus Service Bulletin A320-25-1B29, dated June 19, 2014, and Airbus Service Bulletin A320-25-1B30, dated June 19, 2014. The service information describes procedures for installing kick-load retainers on certain galley 5 trolley compartments. These documents are distinct since they apply to different airplane configurations. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination and Requirements of This Proposed AD

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

    Costs of Compliance

    We estimate that this proposed AD affects 19 airplanes of U.S. registry.

    We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Modification 2 work-hours × $85 per hour = $170 $0 $170 $3,230
    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Airbus: Docket No. FAA-2016-9519; Directorate Identifier 2016-NM-099-AD. (a) Comments Due Date

    We must receive comments by February 17, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Airbus Model A318-112, A319-115, A320-214, A320-232, and A321-111 airplanes, certificated in any category, with manufacturer's serial numbers 1479, 3096, 3693, 3713, 3739, 3791, 3896, 3902, 3907, 3931, 3949, 3969, 4030, 4045, 4049, 4059, 4066, 4077, 4083, 4124, 4146, 4158, 4188, 4198, 4206, 4209, 4218, 4235, 4255, 4264, 4304, 4321, 4371, 4374, 4395, 4411, 4417, 4431, 4485, 4492, 4502, 4528, 4541, 4548, 4592, 4595, 4638, 4651, 4669, 4703, 4724, 4737, 4746, 4770, 4780, 4783, 4826, 4827, 4860, 4863, 4865, 4902, 4934, 4945, 4951, 4952, 4971, 4996, 5023, 5029, 5042, 5088, 5095, 5132, 5159, 5164, 5171, 5175, 5192, 5210, 5227, 5241, 5247, 5251, 5275, 5277, 5297, 5306, 5340, 5343, 5348, 5356, 5366, 5370, 5385, 5387, 5392, 5396, 5400, 5407, 5418, 5427, 5438, 5456, 5458, 5469, 5495, 5517, 5555, 5624, 5674, 5678, 5698, 5699, 5704, 5709, 5714, 5791, 5745, 5753, 5761, 5781, 5786, 5788, 5789, 5798, 5804, 5810, 5821, 5827, 5842, 5874, 5882, 5889, 5903, 5907, 5916, 5924, 5958, 5984, 5994, 6000, 6004, 6054, 6080, 6107, 6166, 6176, 6234, 6266, 6293, 6335, 6344, 6365, 6430, and 6444.

    (d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/furnishings.

    (e) Reason

    This AD was prompted by in-service experience and further analysis, which showed that the galley 5 without kick-load retainers was unable to withstand the expected loading during several flight phases or in case of emergency landing. We are issuing this AD to prevent galley/trolley detachment and collapse into an adjacent cabin aisle or cabin zone, possibly spreading loose galley equipment items or compartment doors, or leaking fluids. These hazards could block an evacuation route and result in injury to crew or passengers.

    (f) Compliance

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

    (g) Install Kick-Load Retainers

    Within 12 months after the effective date of this AD, install kick-load retainers on the galley 5 trolley compartments as specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD, as applicable.

    (1) For Airbus Model A319 airplanes, manufacturer's serial numbers 5678, 5698, 5704, 5745, 5753, 5761, 5781, 5786, 5788, 5789, 5798, 5810, 5827, and 5842, do the installation in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-25-1B29, dated June 19, 2014.

    (2) For Airbus Model A320 airplanes, manufacturer's serial numbers 5458, 5517, 5624, 5672, and 5804, do the installation in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-25-1B30, dated June 19, 2014.

    (3) For airplanes not identified in paragraph (g)(1) or (g)(2) of this AD, use a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA).

    (h) Other FAA AD Provisions

    The following provisions also apply to this AD:

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

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

    (i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2016-0040, dated March 2, 2016, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9519.

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

    Issued in Renton, Washington, on December 15, 2016. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-30806 Filed 12-30-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9380; Directorate Identifier 2016-NE-21-AD] RIN 2120-AA64 Airworthiness Directives; CFE Company Turbofan Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain CFE Company (CFE) turbofan engines. This proposed AD was prompted by a quality escape for high-pressure compressor (HPC) impellers made from forgings with nonconforming material grain size. This proposed AD would require removal of the HPC impeller. We are proposing this AD to correct the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by February 17, 2017.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

    Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9380; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Martin Adler, Aerospace Engineer, Engine Certification Office, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7157; fax: 781-238-7199; email: [email protected].

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2016-9380; Directorate Identifier 2016-NE-21-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.

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

    Discussion

    We propose to adopt an AD for certain CFE CFE738-1-1B model turbofan engines with HPC impeller, part number (P/N) 6079T77P07 or P/N 6079T77P09 installed. This proposed AD was prompted by a quality escape for HPC impellers made from forgings with nonconforming material grain size. This condition, if not corrected, could result in failure of the HPC impeller, damage to the engine, and damage to the airplane.

    Related Service Information Under 1 CFR Part 51

    We reviewed CFE Service Bulletin (SB) CFE738-72-8080, Revision 0, dated August 18, 2016. The SB describes procedures for replacing specific serial numbered HPC impellers, P/N 6079T77P07 or P/N 6079T77P09. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination

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

    Proposed AD Requirements

    This proposed AD would require removal of affected HPC impellers from service and replacement with a part eligible for installation.

    Costs of Compliance

    We estimate that this proposed AD affects 176 engines installed on airplanes of U.S. registry.

    We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Pro-rated HPC impeller $0.00 $42,240 $42,240 $7,434,240
    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): CFE Company: Docket No. FAA-2016-9380; Directorate Identifier 2016-NE-21-AD. (a) Comments Due Date

    We must receive comments by February 17, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to CFE Company (CFE) CFE738-1-1B model turbofan engines with a high-pressure compressor (HPC) impeller, part number (P/N) 6079T77P07 or P/N 6079T77P09, with a serial number listed in CFE Service Bulletin (SB) CFE738-72-8080, Revision 0, dated August 18, 2016, installed.

    (d) Subject

    Joint Aircraft System Component (JASC) of America Code 7230, Turbine Engine Compressor Section.

    (e) Unsafe Condition

    This AD was prompted by a quality escape for HPC impellers made from forgings with nonconforming material grain size. We are issuing this AD to prevent uncontained failure of the HPC impeller, damage to the engine, and damage to the airplane.

    (f) Compliance

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

    (g) Required Action

    Remove all affected HPC impellers from service at the next piece-part exposure and replace with a part eligible for installation.

    (h) Definition

    For the purposes of this AD, “piece-part exposure” is defined as separation of the impeller from the compressor rotor assembly.

    (i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Engine Certification Office, FAA, may approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make your request. You may email your request to: [email protected]

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

    (j) Related Information

    (1) For more information about this AD, contact Martin Adler, Aerospace Engineer, Engine Certification Office, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7157; fax: 781-238-7199; email: [email protected].

    (2) For service information identified in this proposed AD, contact CFE Company, 111 S. 34th Street, Phoenix, Arizona 85034-2802; phone: 800-601-3099; Internet: https://www.myaerospace.com.

    (3) You may view this service information at FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125.

    Issued in Burlington, Massachusetts, on December 15, 2016. Colleen M. D'Alessandro, Manager, Engine & Propeller Directorate, Aircraft Certification Service.
    [FR Doc. 2016-30951 Filed 12-30-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9520; Directorate Identifier 2016-NM-163-AD] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 777 airplanes. This proposed AD was prompted by reports of cracks on the underwing longerons. This proposed AD would require repetitive inspections of the left and right side underwing longerons for any crack, and related investigative and corrective actions if necessary. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by February 17, 2017.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

    Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this NPRM, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone: 562-797-1717; Internet: https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9520.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9520; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Eric Lin, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6412; fax: 425-917-6590; email: [email protected].

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2016-9520; Directorate Identifier 2016-NM-163-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.

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

    Discussion

    We have received a report indicating that cracks have been found which led to an underwing longeron becoming severed. The first underwing longeron crack was discovered in service. An operator had reports of a fuel smell in the forward cargo area. During a subsequent investigation, a crack was found in the center wing tank that was attributed to the longeron crack. All models except some Model 777-200 airplanes without a center wing tank are affected by the potential for a fuel leak into the forward cargo area.

    Subsequently, three more operators have reported cracks on the left underwing longeron. The cracks have been reported in Model 777-300ER and 777-200 airplanes. The cracks have been reported as early as 3,784 flight cycles and 31,240 flight hours. As the cracks grow in the longeron, further cracking has been reported and three operators noted the lower front spar chord had cracked. This condition, if not corrected, could result in fuel leakage into the forward cargo area and consequent increased risk of a fire or, in a more severe case, could adversely affect the structural integrity of the airplane.

    Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 777-53A0081, dated September 8, 2016 (“ASB 777-53A0081, Revision 0”). The service information describes procedures for repetitive detailed inspections, ultrasonic inspections, and high frequency eddy current (HFEC) inspections of the left and right side longerons, and related investigative and corrective actions if necessary. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination

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

    Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under “Differences Between this Proposed AD and the Service Information.” For information on the procedures and compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9520.

    The phrase “related investigative actions” is used in this proposed AD. Related investigative actions are follow-on actions that (1) are related to the primary action, and (2) further investigate the nature of any condition found. Related investigative actions in an AD could include, for example, inspections.

    The phrase “corrective actions” is used in this proposed AD. Corrective actions correct or address any condition found. Corrective actions in an AD could include, for example, repairs.

    Differences Between This Proposed AD and the Service Information

    ASB 777-53A0081, Revision 0, specifies to contact the manufacturer for certain instructions, but this proposed AD would require using repair methods, modification deviations, and alteration deviations in one of the following ways:

    • In accordance with a method that we approve; or

    • Using data that meet the certification basis of the airplane, and that have been approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) whom we have authorized to make those findings.

    Costs of Compliance

    We estimate that this proposed AD affects 201 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Option 1: Detailed Inspection 4 work-hours × $85 per hour = $340 per inspection cycle $0 $340 per inspection cycle $68,340 per inspection cycle. Option 2: Detailed and HFEC or Ultrasonic Inspection 12 work-hours × $85 per hour = $1,020 per inspection cycle $0 $1,020 per inspection cycle $205,020 per inspection cycle.

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

    On-Condition Costs Action Labor cost Parts cost Cost per product Left side or right side longeron replacement 102 work-hours × $85 per hour = $8,670 per side $31,000 per side $39,670 per side.

    We have received no definitive data that would enable us to provide cost estimates for the on-condition actions, other than the replacement, specified in this proposed AD.

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

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): The Boeing Company: Docket No. FAA-2016-9520; Directorate Identifier 2016-NM-163-AD. (a) Comments Due Date

    We must receive comments by February 17, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all The Boeing Company Model 777-200, -200LR, -300, -300ER, and 777F series airplanes, certificated in any category.

    (d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage and 57, Wings.

    (e) Unsafe Condition

    This AD was prompted by reports of cracks on the underwing longerons. We are issuing this AD to detect and correct cracks in the underwing longerons, which could result in fuel leakage into the forward cargo area and consequent increased risk of a fire or, in a more severe case, could adversely affect the structural integrity of the airplane.

    (f) Compliance

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

    (g) Inspections

    Except as specified in paragraph (i)(1) of this AD, at the applicable times specified in tables 1 through 6 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 777-53A0081, dated September 8, 2016 (“ASB 777-53A0081, Revision 0”): Do detailed inspections for any crack of the left and right side underwing longerons; or do detailed inspections, and high frequency eddy current (HFEC) or ultrasonic inspections, as applicable, for any crack of the left and right side underwing longerons; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of ASB 777-53A0081, Revision 0, except as required by paragraph (i)(2) of this AD. Do all applicable related investigative and corrective actions before further flight. Repeat the inspections thereafter at the times specified in tables 1 through 6 of paragraph 1.E., “Compliance,” of ASB 777-53A0081, Revision 0, as applicable. Replacing an underwing longeron, including doing all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of ASB 777-53A0081, Revision 0, except as required by paragraph (i)(2) of this AD, terminates the repetitive inspections required by this paragraph for that longeron only.

    (h) Repetitive Post-Replacement Inspections and Corrective Actions

    For airplanes on which any longeron replacement has been done as specified in ASB 777-53A0081, Revision 0: At the applicable times specified in tables 7 through 14 of paragraph 1.E., “Compliance,” of ASB 777-53A0081, Revision 0, do detailed inspections of all replaced longerons for any crack, or do detailed inspections and ultrasonic inspections of all replaced longerons for any crack, and do all applicable corrective actions; in accordance with the Accomplishment Instructions of ASB 777-53A0081, Revision 0, except as required by paragraph (i)(2) of this AD. Do all applicable corrective actions before further flight. Repeat the inspections thereafter at intervals not to exceed the applicable time specified in tables 7 through 14 of paragraph 1.E., “Compliance,” of ASB 777-53A0081, Revision 0.

    (i) Service Information Exceptions

    (1) Where ASB 777-53A0081, Revision 0, specifies a compliance time “after the issue date of this service bulletin,” this AD requires compliance within the specified compliance time after the effective date of this AD.

    (2) Where ASB 777-53A0081, Revision 0, specifies to contact Boeing for appropriate action: Before further flight, repair using a method approved in accordance with the procedures specified in paragraph (j) of this AD.

    (j) Alternative Methods of Compliance (AMOCs)

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

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

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

    (4) Except as required by paragraph (i)(2) of this AD: For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (j)(4)(i) and (j)(4)(ii) of this AD apply.

    (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or sub-step is labeled “RC Exempt,” then the RC requirement is removed from that step or sub-step. An AMOC is required for any deviations to RC steps, including substeps and identified figures.

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

    (k) Related Information

    (1) For more information about this AD, contact Eric Lin, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6412; fax: 425-917-6590; email: [email protected]

    (2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone: 562-797-1717; Internet: https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on December 15, 2016. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-30807 Filed 12-30-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF COMMERCE Office of the Secretary 15 CFR Part 4 [Docket No. 161103999-6999-01] RIN 0605-AA46 Public Information, Freedom of Information Act and Privacy Act Regulations AGENCY:

    Department of Commerce.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    This rule proposes revisions to the Department of Commerce's (Department) regulations under the Privacy Act. The Department has issued a notice of its intent to establish a new system of records entitled “COMMERCE/DEPARTMENT-27, Investigation and Threat Management Records,” which includes system exemptions from certain provisions of the Privacy Act. The Privacy Act regulations are being updated to make technical changes to the applicable exemptions as a result of the new system of records, COMMERCE/DEPARTMENT-27. The Privacy Act regulations are also being updated to reflect organization changes affecting the Department's officials authorized to deny requests for records under the Freedom of Information Act, and requests for records and for correction or amendment under the Privacy Act.

    DATES:

    To be considered, written comments must be submitted on or before February 2, 2017. If no comments are received, the rule will become effective as proposed on the date of publication of a subsequent notice in the Federal Register.

    ADDRESSES:

    You may submit comments, identified by Regulatory Information Number (RIN) 0605-AA46, by any of the following methods:

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

    Fax: (202) 482-0827. Include the RIN 0605-AA46 in the subject line.

    Mail: Dr. Michael J. Toland, Deputy Chief Freedom of Information Act Officer and Department Privacy Act Officer, Office of Privacy and Open Government, 1401 Constitution Ave. NW., Room 52010, Washington, DC 20230.

    Instructions: All submissions received must include the agency name and docket number or RIN for this rulemaking. All comments received will be posted without change to regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Michael J. Toland, Deputy Chief Freedom of Information Act Officer and Department Privacy Act Officer, Office of Privacy and Open Government, 1401 Constitution Ave. NW., Room 52010, Washington, DC 20230.

    SUPPLEMENTARY INFORMATION:

    This rule proposes revisions to the Department's regulations under the Privacy Act. In particular, the action will amend the Department's Privacy Act regulations regarding applicable exemptions to reflect a new Department wide systems of records notice published since the last time the regulations were updated. The Department has issued a notice of its intent to establish a new system of records entitled “COMMERCE/DEPARTMENT-27, Investigation and Threat Management Records,” which includes system exemptions from certain provisions of the Privacy Act. The revisions of the Privacy Act regulations in subpart B of part 4 incorporate changes to the language of the regulations in the following provisions: § 4.33 (General exemptions); and § 4.34 (Specific exemptions). Specifically, pursuant to 5 U.S.C. 552a(j)(2), all information about an individual in the record which meets the criteria stated in 5 U.S.C. 552a(j)(2) are exempted from the notice, access and contest requirements of the agency regulations and from all parts of 5 U.S.C. 552a except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i). Pursuant to 5 U.S.C. 552a(k)(1), (k)(2) and (k)(5) on condition that the 5 U.S.C. 552a(j)(2) exemption is held to be invalid, all investigatory material in the record which meets the criteria stated in 5 U.S.C. 552a(k)(1), (k)(2) and (k)(5) are exempted from the notice, access, and contest requirements (under 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f)) of the agency regulations because of the necessity to exempt this information and material in order to accomplish the law enforcement function of the agency, to prevent disclosure of classified information as required by Executive Order 13526, to assure the protection of the President, to prevent subjects of investigation from frustrating the investigatory process, to prevent the disclosure of investigative techniques, to fulfill commitments made to protect the confidentiality of information, and to avoid endangering these sources and law enforcement personnel.

    Additionally, the revisions of the Privacy Act regulations in subpart B of part 4 incorporate changes to the language of the regulations in Appendix B (Officials Authorized To Deny Requests for Records Under the Freedom of Information Act, and Requests for Records and Requests for Correction or Amendment Under the Privacy Act). Specifically, this proposed action removes the reference to the “Office of Administrative Services: Director,” and replaces it with the “Office of Facilities and Environmental Quality: Director; Deputy Director,” under the Assistant Secretary for Administration (ASA). The Department's ASA realigned the functions formerly under the “Office of Administrative Services” to existing administrative functions and aligned facility-related programs and operations under the “Office of Facilities and Environmental Quality.” The proposed actions better allocated responsibilities, aligned similar functions, improved internal controls and streamline reporting relationships. This proposed amendment updates the rules to implement that change. See Department Administrative Order 20-1, sections 1 and 4. This proposed action adds as a denying official the Deputy Chief FOIA Officer under the Office of Privacy and Open Government (OPOG). Previously, the Director of OPOG served as the Deputy Chief FOIA Officer, but now this position serves as the Department's Chief FOIA Officer. This action also removes the reference to the “Bureau of Economic Analysis: Director,” and replaces it with the “Bureau of Economic Analysis: Freedom of Information Act Officer” under the Economics and Statistics Administration (ESA). Previously, the ESA FOIA Officer administered the FOIA program for the Bureau of Economic Analysis (BEA). This proposed action merely separates the administration of the BEA FOIA program from the ESA program, as well as designates a BEA FOIA Officer and aligns the BEA FOIA program with other FOIA programs in the Department.

    Public Participation: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by the Department. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online, you must include the phrase “PERSONAL IDENTIFYING INFORMATION” in the first paragraph of your comment. You must also locate all the personal identifying information you do not want posted online in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment but do not want it to be posted online, you must include the phrase “CONFIDENTIAL BUSINESS INFORMATION” in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of the comment may not be posted on http://www.regulations.gov. Personal identifying information and confidential business information identified and located as set forth above will be placed in the agency's public docket file, but not posted online. If you wish to inspect the agency's public docket file in person by appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph.

    Classification Regulatory Flexibility Act

    The Chief Counsel for Regulation for the Department of Commerce has certified to the Chief Counsel for Advocacy of the Small Business Administration that this rule will not have a significant economic impact on a substantial number of small entities. This final rule amends the Department's Privacy Act regulations regarding applicable exemptions to reflect new Department wide systems of records notices published since the last time the regulations were updated. These amendments are administrative in nature and will not impose a financial or regulatory impact on anyone, including small entities. The applicable exemptions apply to information collected to establish identity, accountability, and audit control of electronic or other digital certificates of assigned personnel who require access to Department of Commerce electronic and physical assets. The information collected is provided on a voluntary basis, with no cost incurred by individuals.

    Executive Order 12866

    It has been determined that this notice is not significant for purposes of E.O. 12866.

    Paperwork Reduction Act

    This regulation does not contain a “collection of information” as defined by the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

    List of Subjects in 15 CFR Part 4

    Freedom of information, Privacy.

    Michael J. Toland, Department of Commerce, Deputy Chief FOIA Officer, Department Privacy Act Officer.

    For the reasons stated in the preamble, the Department of Commerce proposes to amend 15 CFR part 4 as follows:

    PART 4—DISCLOSURE OF GOVERNMENT INFORMATION 1. The authority citation for part 4 continues to read as follows: Authority:

    5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 553; 31 U.S.C. 3717; 41 U.S.C. 3101; Reorganization Plan No. 5 of 1950.

    2. Amend § 4.33 by adding paragraph (b)(5) to read as follows:
    § 4.33 General exemptions.

    (5) Investigation and Threat Management Records—COMMERCE/DEPT-27. Pursuant to 5 U.S.C. 552a(j)(2), these records are hereby determined to be exempt from all provisions of the Act, except 5 U.S.C. 552a(b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i). These exemptions are necessary to ensure the proper functioning of the law enforcement activity of the agency, to prevent disclosure of classified information as required by Executive Order 13526, to assure the protection of the President, to prevent subjects of investigation from frustrating the investigatory process, to prevent the disclosure of investigative techniques, to fulfill commitments made to protect the confidentiality of information, and to avoid endangering these sources and law enforcement personnel.

    3. Amend § 4.34 by revising paragraph (a)(1), (b)(1), and (b)(4)(i); and by adding (b)(2)(i)(G) to read as follows:
    § 4.34 Specific exemptions.

    (a)(1) Certain systems of records under the Act that are maintained by the Department may occasionally contain material subject to 5 U.S.C. 552a(k)(1), relating to national defense and foreign policy materials. The systems of records published in the Federal Register by the Department that are within this exemption are: COMMERCE/BIS-1, COMMERCE/ITA-2, COMMERCE/ITA-3, COMMERCE/NOAA-11, COMMERCE-PAT-TM-4, COMMERCE/DEPT-12, COMMERCE/DEPT-13, COMMERCE/DEPT-14, COMMERCE/DEPT-25, and COMMERCE/DEPT-27.

    (b)(1) Exempt under 5 U.S.C. 552a(k)(1). The systems of records exempt hereunder appear in paragraph (a) of this section. The claims for exemption of COMMERCE/DEPT-12, COMMERCE/BIS-1, COMMERCE/NOAA-5, COMMERCE/DEPT-25, and COMMERCE/DEPT-27 under this paragraph are subject to the condition that the general exemption claimed in § 4.33(b) is held to be invalid.

    (2)(i) * * *

    (G) Investigation and Threat Management Records—COMMERCE/DEPT-27, but only on condition that the general exemption claimed in § 4.33(b)(4) is held to be invalid;

    (b)(4)(i) Exempt under 5 U.S.C. 552a(k)(5). The systems of records exempt (some only conditionally), the sections of the Act from which exempted, and the reasons therefor are as follows:

    (A) Applications to U.S. Merchant Marine Academy (USMMA)—COMMERCE/MA-1;

    (B) USMMA Midshipman Medical Files—COMMERCE/MA-17;

    (C) USMMA Midshipman Personnel Files—COMMERCE/MA-18;

    (D) USMMA Non-Appropriated Fund Employees—COMMERCE/MA-19;

    (E) Applicants for the NOAA Corps—COMMERCE/NOAA-1;

    (F) Commissioned Officer Official Personnel Folders—COMMERCE/NOAA-3;

    (G) Conflict of Interest Records, Appointed Officials—COMMERCE/DEPT-3;

    (H) Investigative and Inspection Records—COMMERCE/DEPT-12, but only on condition that the general exemption claimed in § 4.33(b)(3) is held to be invalid;

    (I) Investigative Records—Persons within the Investigative Jurisdiction of the Department COMMERCE/DEPT-13;

    (J) Litigation, Claims, and Administrative Proceeding Records—COMMERCE/DEPT-14;

    (K) Access Control and Identity Management System—COMMERCE/DEPT-25, but only on condition that the general exemption claimed in § 4.33(b)(4) is held to be invalid; and

    (L) Investigation and Threat Management Records—COMMERCE/DEPT-27, but only on condition that the general exemption claimed in § 4.33(b)(4) is held to be invalid.

    4. Amend Appendix B to Part 4 by revising the entries for “ASSISTANT SECRETARY FOR ADMNISTRATION” and “ECONOMICS AND STATISTICS ADMINISTRATION” to read as follows: Appendix B to Part 4—Officials Authorized To Deny Requests for Records Under the Freedom of Information Act, and Requests for Records and Requests for Correction or Amendment Under the Privacy Act Assistant Secretary for Administration Office of Civil Rights: Director Office of Budget: Director Office of Privacy and Open Government: Director; Deputy Chief FOIA Officer; Departmental Freedom of Information Officer Office of Program Evaluation and Risk Management: Director Office of Financial Management: Director Office of Human Resources Management: Director; Deputy Director Office of Facilities and Environmental Quality: Director; Deputy Director Office of Security: Director Office of Acquisition Management: Director Office of Acquisition Services: Director Office of Small and Disadvantaged Business Utilization: Director Economics and Statistics Administration Office of Administration: Director Bureau of Economic Analysis: Freedom of Information Act Officer Bureau of the Census: Freedom of Information Act Officer
    [FR Doc. 2016-31314 Filed 12-30-16; 8:45 am] BILLING CODE 3510-BX-P
    CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1015 Procedures for Disclosure or Production of Information Under the Freedom of Information Act; Amendments AGENCY:

    Consumer Product Safety Commission.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Consumer Product Safety Commission (Commission, CPSC, or we) is issuing this notice of proposed rulemaking (NPR) to update its Freedom of Information Act (FOIA) rule. We are proposing to revise the rule to conform to the amendments of the FOIA Improvement Act of 2016 (the 2016 FOIA) to the FOIA. The Commission also proposes to update the rule to reflect changes in Commission procedures, update Commission contact information, including current methods of submitting requests for records to the Commission, revise employee titles, and make various technical changes and corrections. This NPR seeks comments on the proposed changes to the rule.

    DATES:

    Submit comments by March 20, 2017.

    ADDRESSES:

    You may submit comments, identified by Docket No. CPSC-2016-0030, by any of the following methods:

    Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at https://www.regulations.gov/. Follow the instructions for submitting comments. The Commission does not accept comments submitted by electronic mail (email), except through: https://www.regulations.gov/. The Commission encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above.

    Written Submissions: Submit written comments by mail/hand delivery/courier to: Office of the Secretariat, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-7923.

    Instructions: All submissions received must include the agency name and docket number for this proposed rulemaking. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to: https://www.regulations.gov/. Do not submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If furnished at all, such information should be submitted by mail/hand delivery/courier.

    Docket: For access to the docket to read background documents or comments received, go to: https://www.regulations.gov/, and insert the docket number, CPSC-2016-0030, into the “Search” box, and follow the prompts.

    FOR FURTHER INFORMATION CONTACT:

    Renee McCune, Office of the General Counsel, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, (301) 504-7673; or Todd A. Stevenson, Chief Freedom of Information Officer, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, (301) 504-6836.

    SUPPLEMENTARY INFORMATION:

    The Commission is proposing to amend the agency's procedures for disclosure or production of information under the Freedom of Information Act. 16 CFR part 1015.

    Table of Contents I. Background Information II. Section-by-Section Analysis of the Proposed Revisions of the Procedures for Disclosure or Production of Information Under the Freedom of Information Act III. Environmental Issues IV. Regulatory Flexibility V. Paperwork Reduction VI. Preemption VII. Effective Date VIII. Request for Comments I. Background Information

    On June 30, 2016, the President signed into law the 2016 FOIA, Public Law 114-185 (2016). The 2016 FOIA amends the Freedom of Information Act, 5 U.S.C. 552, requiring an agency to review its FOIA regulations and issue regulations on procedures for the disclosure of records under the new amendments. Specifically, the 2016 FOIA requires: Certain records be available for public inspection in an electronic format; agencies to make available for public inspection in an electronic format records that have been requested three or more times; that an agency not withhold information under FOIA unless the agency reasonably foresees that disclosure would harm an interest protected by a FOIA Exemption or disclosure is prohibited by law; extending the number of days for an administrative appeal of an adverse determination from 30 to 90 days; limiting the FOIA Exemption for records created 25 years or more before the date on which the records were requested; the assessment of fees be limited in certain circumstances; and requesters be notified of available dispute resolution services from the FOIA Public Liaison of the agency or the Office of Government Information Services.

    The Commission proposes amendments to its regulations implementing the 2016 FOIA, 16 CFR part 1015, to incorporate these new statutory requirements. The proposed amendments would revise the Commission's FOIA regulations to comply with the FOIA, as amended by the 2016 FOIA, and would update Commission procedures, contact information, and methods of submitting requests for records to the Commission, in addition to other conforming and technical revisions. Updating Commission procedures and Commission contact information would provide clarity for requesters seeking records from the Commission.

    II. Section-by-Section Analysis of the Proposed Revision of the Procedures for Disclosure or Production of Information Under the Freedom of Information Act Subpart A—Production or Disclosure Under 5 U.S.C. 552(a) Proposed Changes to § 1015.1 (Purpose and Scope)

    Initially, we would update § 1015.1(a) to add the Children's Gasoline Burn Prevention Act, the Virginia Graeme Baker Pool and Spa Safety Act, and the Child Nicotine Poisoning Prevention Act to the scope of statutes for which records must be maintained in connection with the Commission's responsibilities and functions under those acts because they were enacted after the last revision to the regulation in 1997.

    The proposal also would revise § 1015.1(b) to reflect new FOIA 5 U.S.C. 552(a)(8)(A), requiring agencies to analyze under a foreseeable harm standard the withholding of information permitted by the exemptions set forth in 5 U.S.C. 552(b). The proposal would allow information to be withheld pursuant to the exemptions, only if the Commission reasonably foresees that disclosure would harm an interest protected by a specific FOIA exemption, or if disclosure is otherwise prohibited by law. This proposal, consistent with the 2016 FOIA, would not require disclosure of information otherwise prohibited from disclosure by law, or otherwise exempted from disclosure under 5 U.S.C. 552(b)(3) (FOIA Exemption 3), which prohibits the disclosure of matters specifically exempted from disclosure by another statute. The proposal would specify that the Commission will consider the record's age, content, and character in assessing whether it reasonably foresees that disclosure of the document would harm an interest protected by an exemption. Additionally, consistent with the FOIA as amended by the 2016 FOIA, we also propose a revision that would require that we consider partial disclosure when full disclosure of a record is not possible and that we take reasonable steps to segregate and release nonexempt information.

    Under the proposed revision, for example, Commission records that currently fall within the parameters of 5 U.S.C. 552(b)(5) (FOIA Exemption 5) would be subject to the foreseeable harm standard. FOIA Exemption 5 incorporates, among other privileges, the deliberative process privilege, which is considered a discretionary exemption, meaning that withholding of records resides within the discretion of the agency, rather than mandated by law. As the Senate report on the FOIA amendment explains: “[t]he foreseeable harm standard applies only to those FOIA Exemptions under which discretionary disclosures can be made. Several FOIA Exemptions, by their own existing terms, cover information that is prohibited from disclosure or exempt from disclosure under a law outside the four corners of the FOIA. Such information is not subject to discretionary disclosure and is therefore not subject to the foreseeable harm standard.” Senate Report No. 114-4, p 8 (February 23, 2015). Under this analysis and Department of Justice guidance, records protected by the deliberative process privilege under FOIA Exemption 5 shall be considered for release under the foreseeable harm standard, even if the records may otherwise be properly withheld under this exemption. In deciding whether to make a discretionary release of records protected by the deliberative process privilege, the Commission may consider, in addition to the record's age, content, and character, the nature of the decision at issue, the status of that decision, and the personnel involved.

    The foreseeable harm standard, however, would not be applied to disclosures prohibited by law or covered by FOIA Exemption 3, which pertains to matters specifically exempted from disclosure by another statute. Exemption 3 would include disclosures prohibited under section 6 of the Consumer Product Safety Act (CPSA), 15 U.S.C. 2055(a)(2), and thus, the proposal to apply the foreseeable harm standard would not alter, or otherwise limit, the information disclosure restrictions set forth in section 6. Current § 1015.1(b) already references disclosures prohibited by law under Section 6(a)(2) of the CPSA. The proposal, as revised, would preserve that prohibition, consistent with the statutory direction, and it would clarify that information covered by FOIA Exemption 3 is prohibited from disclosure and not subject to analysis under the foreseeable harm standard. Specifically, the proposed revision would state that Commission records subject to Section 6 and 25(c) of the CPSA, 15 U.S.C. 2055 and 2074(c), fall within the scope of FOIA Exemption 3.

    The proposal also would revise § 1015.1(c) to remove the existing statement that the Attorney General's Memorandum on the 1974 Amendments to the FOIA may be consulted in considering questions arising under the FOIA. That memorandum is outdated and should not be consulted in considering questions arising under the FOIA because the FOIA has been statutorily amended multiple times since 1974.

    In place of the current § 1015.1(c), we propose a new § 1015.1(c) to reflect that the Commission Secretariat serves as the agency's Chief FOIA Officer. The 2016 FOIA amends the FOIA at 5 U.S.C. 552(j) to require each agency to designate a Chief FOIA Officer, who shall be a senior official of the agency, and shall have, subject to the authority of the head of the agency, among other responsibilities, responsibility for compliance and implementation of section (j) of the FOIA. The revised § 1015.1(c) would state that the Commission's Chief Freedom of Information Officer, a senior official at the Commission, would be the Secretariat. Therefore, for clarity and consistency with the provisions of § 1015.4, which vests ultimate authority for responding to FOIA requests in the Commission's Secretariat, and in conformance with amendments made to the FOIA, we propose new language explaining that the Secretariat of the Commission is the Chief Freedom of Information Officer, who, subject to the authority of the Chairman, is responsible for compliance with, and implementation of, 5 U.S.C. 552(j).

    We additionally propose minor and non-substantive changes in grammar.

    Proposed Changes to § 1015.2 (Public Reference Facilities)

    To reflect amendments in the 2016 FOIA that focus on public inspection in an electronic format, we are proposing to revise the title of this section to “Public inspection.” Additionally, we propose removing “and copying” from § 1015.2(a) and (b), and replacing that phrase with “in an electronic format,” to conform to the amendments to the FOIA at 5 U.S.C. 552(a).

    We also propose removing the statements in § 1015.2(b) regarding additional Commission public reference facilities. With changes in technology, public inspection at the Commission headquarters is rare, and we do not anticipate a need for additional public reference facilities. To provide additional information to the public about the Commission's electronic reading room, we propose adding the Commission's Web site address to § 1015.2(c) and a statement indicating that records that the Commission must make available for public inspection in an electronic format may be accessed through the e-FOIA Public Access Link at the Commission's Web site address.

    Additionally, to conform with amendments to the FOIA at 5 U.S.C. 552(a)(2)(D), we are proposing a new § 1015.2(d), which requires the agency, subject to any restrictions imposed by section 6 of the CPSA, to make available for public inspection in an electronic format, copies of certain records, regardless of form. Specifically, the Commission shall make available for public inspection, records that have been released under FOIA, records that, because of the nature of the subject matter, the agency determines are likely to become the subject of subsequent requests for substantially the same records, and records that have been requested three or more times.

    We additionally propose correcting “Secretary” to the current title of “Secretariat” throughout this paragraph and updating the room number of the Office of the Secretariat.

    Proposed Changes to § 1015.3 (Requests for Records and Copies)

    We propose a revision to the title of this section by removing “and copies” to reflect amendments to the FOIA at 5 U.S.C. 552(a).

    To reflect current practice, we also propose updating § 1015.3(a) on the ways requesters may submit requests for records to the Commission, to include electronic methods. In addition to submitting requests by mail, requesters would be able to submit a request through the Commission's e-FOIA Public Access Link, email, or facsimile. We also propose a technical correction to reflect the Commission's address. To promote good FOIA customer service, we also propose to revise § 1015.3(b) to state that, before submitting requests, requesters may contact the Commission's FOIA contact or FOIA Public Liaison to discuss the records the submitter seeks and to receive assistance in describing the records.

    Additionally, throughout this section we propose changing “Secretary” to “Secretariat” to update the position to its current title.

    Proposed Changes to § 1015.4 (Responses To Requests for Records; Responsibility)

    We propose changing “Secretary” to “Secretariat” throughout this section to reflect the name of the position to its current title.

    Proposed Changes to Rule § 1015.5 (Time Limitations on Responses to Requests for Records and Requests for Expedited Processing)

    We propose updating § 1015.5(a) to incorporate new procedural requirements and to reflect current Commission practices and advances in technology. We propose clarifying that time limitations on responses to requests submitted by postal mail would begin to run at the time the request is received and date-stamped by the Office of the Secretary (which we propose revising to the Office of the Secretariat). We would also update the regulation to reflect the current practice that the Office of the Secretariat will date-stamp requests the same day that it receives the requests. We also propose that time limitations on responses to requests submitted electronically would begin to run at the time the request is electronically received, if the request is submitted during “working hours,” which we define as 8 a.m. to 4:30 p.m. EST. For responses submitted electronically during non-working hours, the proposed change would require that time limitations begin to run the next working day after the request is submitted.

    If the Commission is unable to respond to a request within this time frame, the current § 1015.5(b) allows the Secretariat, at the initial stage, or the General Counsel, at the appellate stage, to extend the time for responding to requests up to 10 additional working days, if a request satisfies the criteria for “unusual circumstances.” Moreover, as explained in current § 1015.5(d), if the Secretariat or General Counsel determines that an extension of more than 10 days is required, the Secretariat or General Counsel must give the requester an opportunity to limit the scope of the request or arrange for an alternative timeframe to process the request. Under the new FOIA amendments, in those circumstances, agencies are required to make available its FOIA Public Liaison to assist in the resolution of any disputes between the requester and the agency. The 2016 FOIA additionally requires agencies to notify requesters of the right to seek dispute resolution services from the Office of Government Information Services. Therefore, we propose adopting language stating that if an extension of time greater than 10 working days is necessary, the Commission will make available its FOIA Public Liaison for purposes of dispute resolution. Additionally, we propose providing information about where on the Commission's Web site, the Commission's designated FOIA Liaison(s) is listed and also stating that the Commission will notify requesters in writing of the availability of the Office of Government Information Services to provide dispute resolution services, as required by the 2016 FOIA. We propose inserting this language into a new § 1015.5(e), and we propose re-designating the succeeding paragraphs in § 1015.5 to conform to this change.

    We also propose adding a statement to the current § 1015.5(f)(2), clarifying that requests for expedited processing may be submitted through any of the methods described in the proposed § 1015.3(a), in which we propose updating the regulation to reflect new electronic methods of submission.

    We additionally propose revising Secretary” to “Secretariat” throughout, to change the name of the position to its current title.

    Proposed Changes to § 1015.6 (Form and Content)

    To reflect the current organizational structure of the agency and to align with the 2016 FOIA amendments to the FOIA, indicating that documents for public inspection will be made available in electronic format, we propose revising § 1015.6(a) to state that when a requested record has been identified, requesters shall be supplied with a copy or notified of where and when the document will be made available for public inspection in an electronic format. We also propose removing the reference to making records available at a requested regional office. This option is outdated and no longer applicable because the Commission does not have regional offices that the public can visit.

    We additionally propose amending § 1015.6(a) to conform with the 2016 FOIA amendments to 5 U.S.C. 552(a)(6)(A)(i), which require the Commission, when responding to a records request, to notify requesters of their right to seek assistance from the Commission's FOIA Public Liaison.

    In the case of a denial, we propose revisions to conform with the 2016 FOIA amendments to 5 U.S.C. 552(a)(6)(A)(i)(III)(aa), which requires that agencies notify requesters when there is an adverse determination that requesters have the right to appeal within a period determined by the head of the agency that is not less than 90 days after the date of such determination. Accordingly, we propose revising § 1015.6(b)(4) to change “30 calendar days” to “90 calendar days.” We also propose adding a new § 1015.6(b)(5), which would require the Commission, in the case of a denial, to notify requesters of their right to seek dispute resolution services from the Office of Government Information Services.

    We additionally propose revising “Secretary” to “Secretariat” throughout the section, to revise the title of the position to its current title.

    Proposed Changes to § 1015.7 (Appeals From Initial Denials; Reconsideration by the Secretary)

    We propose revising the deadline for appealing a denial of a records request from 30 days to 90 calendar days in § 1015.7(a) to conform with the 2016 FOIA amendments described above regarding proposed changes to § 1015.6.

    We additionally propose updating the regulation at § 1015.7(a) to list the ways, including electronic methods, that a requester may appeal a denial to the General Counsel of the Commission.

    To reflect changes in Commission procedures due to advances in information technology, we propose updating § 1015.7(b) to specify that time limitations on appeals submitted by postal mail would begin to run when the appeal is received and date-stamped by the Office of the Secretary (proposed to be changed to the Office of the Secretariat). We would also update the regulation to reflect the current practice that the Office of the Secretariat will date-stamp requests the same day that it receives the requests. We also propose that time limitations on appeals submitted electronically would begin to run at the time the appeal is electronically received, if the request is submitted during “working hours,” which we define as 8 a.m. to 4:30 p.m. EST. For responses submitted electronically during non-working hours, the proposed change would require that time limitations begin to run the next working day.

    To conform with the 2016 FOIA amendments to 5 U.S.C. 552(a)(6)(A)(i)(III)(bb), which require agencies to provide notification in an adverse determination of the right to seek dispute resolution services from the FOIA Public Liaison of the agency or the Office of Government Information Services, we propose including a statement in § 1015.7(e) stating that the Commission will provide such a notification.

    We additionally propose revising “Secretary” to “Secretariat” throughout the section, including in the title, to correct the name of this position.

    Proposed Changes to § 1015.9 (Fees for Production of Records.)

    We propose to make technical changes throughout this section, including a revision to § 1015.9(b) to reflect updated ways to effectuate fee payment. We also propose to account for efforts expended to locate and retrieve electronic information by revising the term “search” in § 1015.9(c)(2) and the definition of “duplication” in § 1015.9(c)(3) and to account for new technology changes that are not reflected in the regulation. The proposal would also account for the efforts to scan documents through a revision of § 1015.9(e)(1), which would require a requester to pay the direct costs associated with scanning documents.

    We also propose to revise § 1015.9(f)(6) to conform to the 2016 FOIA amendments to 5 U.S.C. 552(a)(4)(A)(viii)(II). The changes would require the Commission to waive fees where the agency fails to comply with a time limit that it has extended because the agency has determined that unusual circumstances apply. However, if the extension for unusual circumstances involves more than 5,000 responsive pages, the Commission may continue to charge fees, provided it has given timely notice to the requester and has discussed with the requester how to effectively limit the scope of the request. Thus, the regulation would be revised to prevent the Commission from assessing search fees for any requester or duplication fees for an educational institution, non-commercial scientific instiution, or a representative of the news media requester, if the Commission fails to comply with an extended time limit, unless 5,000 pages are responsive to the request, and the Commission has made three good faith attempts to discuss with the FOIA requester limiting the scope of the request.

    We additionally propose revising “Secretary” to “Secretariat” throughout the section, including in the title, to correct the name of this position.

    Proposed Changes to § 1015.10 (Commission Report of Actions to Congress)

    We propose revisions to this section to conform to the 2016 FOIA amendments to 5 U.S.C. 552(e)(1). Specifically, we propose adding a statement that the Commission must submit the report to the Director of the Office of Government Information Services in addition to its current requirement to submit the report to the Attorney General of the United States. We also propose adding, in conformance with the statute, new § 1015.10(h), stating that the report shall include the number of times the Commission denied a request for records under 5 U.S.C. 552(c) and new § 1015.10(i), stating that the report shall include the number of records that were made available for public inspection in an electronic format under 5 U.S.C. 552(a)(2).

    Proposed Changes to Rule § 1015.11 (Disclosure of Trade Secrets to Consultants and Contractors; Nondisclosure to Advisory Committees and Other Government Agencies)

    We propose to add language to § 1015.11 to clarify that the reference in § 1015.11(a) and (b) to 5 U.S.C. 552(b)(4) includes not only trade secrets, but also includes commercial or financial information.

    We also propose revising § 1015.11(b) to incorporate an amendment to the CPSA, 15 U.S.C. 2078(f), by the Consumer Product Safety Improvement Act of 2008, Public Law 110-314 (2008), which permits the Commission to share information with federal, state, and local agencies, if certain requirements are satisfied.

    Subpart B—Exemptions From Production and Disclosure Under 5 U.S.C. 552(b) Proposed Changes to § 1015.15 (Purpose and Scope)

    We propose removing language in § 1015.15(a) that references the internal Commission procedure for withholding exempt records because, as explained below in Proposed Changes to Rule § 1015.17 (Internal Commission procedure for withholding exempt records.), we propose removing § 1015.17 entirely.

    We also propose revisions to § 1015.15(b) to conform to the 2016 FOIA amendment to 5 U.S.C. 552(a)(8)(A), which provides that agencies shall withhold information under 5 U.S.C. 552, only if the agency reasonably foresees that disclosure would harm an interest protected by an exemption described in 5 U.S.C. 552(b), or disclosure is otherwise prohibited by law. Currently, the rule states that the Commission will make available, to the extent permitted by law, records authorized to be withheld under 5 U.S.C. 552(b), unless the Commission determines that disclosure is contrary to the public interest. To align with the 2016 FOIA amendments, we propose revising this section to state that the Commission will make available records authorized to be withheld under one of the FOIA exemptions, “unless the Commission reasonably foresees that disclosure would harm an interest protected by the exemption or disclosure is prohibited by law or otherwise exempted from disclosure under 5 U.S.C. 552(b)(3).”

    Additionally, we propose updating § 1015.15(c) to reflect the focus of the 2016 FOIA on public inspection of documents in an electronic format, which is consistent with current practice. The proposal would require that briefing packages, or portions thereof, which the Secretary (which we propose revising to Secretariat), upon the advice of the Office of the General Counsel, has determined would be released, upon request, would be made available for public inspection in an electronic format through the Commission's Web site. Specifically, we propose removing the language stating that such briefing packages would be publicly available in the public reference facility established under § 1015.2, and replacing it with proposed language indicating that the information will be available electronically on the Commission's Web site.

    We also propose revising “Secretary” to “Secretariat” in § 1015.15(c), to correct the name of this position and propose a non-substantive grammatical revision in the first sentence of § 1015.15(b).

    Proposed Changes to § 1015.16 (Exemptions (5 U.S.C. 552(b)).)

    The 2016 FOIA amends 5 U.S.C. 552(b)(5) to include a sunset provision on the deliberative process privilege so that it does not apply to records created 25 years or more before the date on which the records were requested. We propose amending § 1015.16(e) to add language reflecting this change.

    We also propose non-substantive technical corrections to §§ 1015.16(e) and (f) to track the statutory language.

    Proposed Changes to § 1015.17 (Internal Commission Procedure for Withholding Exempt Records)

    We propose removing all of § 1015.17 and reserving this section. Section 1015.17 describes an internal Commission procedure that allows a Commission bureau or office director who believes that it is against the public interest to disclose a Commission record prepared by his/her office that may be exempt from disclosure under the inter- intra-agency memorandum exemption at 5 U.S.C. 552(b)(5) or the investigatory file exemption at 5 U.S.C. 552(b)(7) to request that the Secretary withhold the document, and, if necessary, appeal that decision to the Commission. The current § 1015.17(a)(1) states that if the Secretary agrees to withhold the document, the requester shall be notified in writing of the denial and of his/her right to appeal. Section 1015.17 is not necessary and should be removed because procedures for Commission responses to requests based on an analysis of harm to the public interest would now be described in detail in proposed § 1015.1(b) and § 1015.6 and include additional updated requirements not in § 1015.17. Accordingly, we propose removing § 1015.17 because it does not reflect current internal Commission procedures. Moreover, even if the provisions were not outdated, we would propose removing this provision because it describes an internal procedure that is more appropriate for including in a Commission Directive on staff procedure than in a regulatory scheme.

    Subpart C—Disclosure of Commission Accident or Investigation Reports Under 15 U.S.C. 2074(c) Proposed Changes to § 1015.20 (Public Availability of Accident or Investigation Reports)

    We propose updating § 1015.20(a) to reflect current Commission procedure. The rule currently states that accident or investigation reports are available to the public under the procedures set forth in subpart A and that no portion of such reports are subject to the investigatory file exemption. Current Commission procedure allows for the withholding of accident or investigation reports, if the requirements of the investigatory file exemption are met. Therefore, we propose revising this section to state that accident or investigation reports are available to the public under the procedures set forth in subpart A, unless such reports are subject to the investigatory file exemption.

    III. Environmental Considerations

    The Commission's regulations address whether the Commission is required to prepare an environmental assessment or an environmental impact statement. 16 CFR part 1021. These regulations provide a categorical exclusion for certain CPSC actions that normally have “little or no potential for affecting the human environment.” 16 CFR 1021.5(c)(1). This proposed rule falls within the categorical exclusion.

    IV. Regulatory Flexibility Analysis

    Under section 603 of the Regulatory Flexibility Act (RFA), when the Administrative Procedure Act (APA) or another law requires an agency to publish a general notice of proposed rulemaking, the agency must prepare an initial regulatory flexibility analysis (IFRA), assessing the economic impact of the proposed rule on small entities or certify that the rule will not have a significant economic impact on a substantial number of small entities. 5 U.S.C. 603(a), 605. The Commission chooses to provide notice and comment for this rulemaking. However, because this is a “rule of agency organization, procedure, or practice,” the APA does not require a notice of proposed rulemaking. 5 U.S.C. 553. Additionally, we note that the rule would merely set out in a regulation the procedural requirements stated in the FOIA of 2016, update Commission procedures, and make other technical changes and corrections. We expect that the proposed rule will not have a significant economic impact on a substantial number of small entities.

    V. Paperwork Reduction Act

    The Paperwork Reduction Act (PRA) establishes certain requirements when an agency conducts or sponsors a “collection of information.” 44 U.S.C. 3501-3520. The proposed rule would amend the Commission's rule to conform to the 2016 FOIA and to update Commission procedures and make other technical changes and corrections. The proposed rule would not impose any information collection requirements. The existing rule and the proposed revisions do not require or request information from firms, but rather, explain the Commission's FOIA procedures. Thus, the PRA is not implicated in this proposed rulemaking.

    VI. Executive Order 12988 (Preemption)

    According to Executive Order 12988 (February 5, 1996), agencies must state in clear language the preemptive effect, if any, of new regulations. Section 26 of the CPSA explains the preemptive effect of consumer product safety standards issued under the CPSA. 15 U.S.C. 2075. The proposed rule is not a consumer product safety standard, but rather, would revise a rule of agency practice and procedure by implementing the FOIA of 2016 and making technical revisions or corrections. Therefore, section 26 of the CPSA would not apply to this rulemaking.

    VII. Effective Date

    In accordance with the APA's general requirement that the effective date of a rule be at least 30 days after publication of the final rule, the Commission proposes that the effective date be 30 days after the date of publication of a final rule in the Federal Register. 5 U.S.C. 553(d).

    VIII. Request for Comments

    The Commission requests comments on all aspects of the proposed rule. Comments should be submitted in accordance with the instructions in the ADDRESSES section at the beginning of this document. Written comments must be received by March 20, 2017.

    List of Subjects in 16 CFR 1015

    Administrative practice and procedure; Consumer protection; Disclosure of information; Freedom of information.

    For the reasons set forth in the preamble, the Commission proposes to amend 16 CFR part 1015 to read, as follows:

    PART 1015 —PROCEDURES FOR DISCLOSURE OR PRODUCTION OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT 1. The authority citation for part 1015 is revised to read, as follows: Authority:

    15 U.S.C. 2051-2084; 15 U.S.C. 1261-1278; 15 U.S.C. 1471-1476; 15 U.S.C. 1211-1214; 15 U.S.C. 1191-1204; 15 U.S.C. 8001-8008; 110 P.L. 278, 122 Stat. 2602; 5 U.S.C. 552.

    2. Amend § 1015.1 by revising the third sentence in paragraph (a) and revising paragraphs (b) and (c) to read, as follows:
    § 1015.1 Purpose and scope.

    (a) * * * These records include those maintained in connection with the Commission's responsibilities and functions under the Consumer Product Safety Act, as well as those responsibilities and functions transferred to the Commission under the Federal Hazardous Substances Act, the Poison Prevention Packaging Act of 1970, the Refrigerator Safety Act, the Flammable Fabrics Act, the Children's Gasoline Burn Prevention Act, the Virginia Graeme Baker Pool and Spa Safety Act, and the Child Nicotine Poisoning Prevention Act, and those maintained under any other authorized activity. * * *

    (b) The Commission's policy with respect to requests for records is that disclosure is the rule and withholding is the exception. All records or portions of records not exempt from disclosure will be made available. Records which may be exempted from disclosure will be made available unless: (1) Disclosure is prohibited by law; (2) the Commission reasonably foresees that disclosure would harm an interest protected by an exemption described in 5 U.S.C. 552(b); or (3) disclosure is exempted under 5 U.S.C. 552(b)(3). See § 1015.15(b). Section 6(a)(2) of the Consumer Product Safety Act, 15 U.S.C. 2055(a)(2), prohibits the disclosure of trade secrets or other matters referred to in 18 U.S.C. 1905; Section 6(b) and Section 25(c) of the CPSA. The Commission will consider the record's age, content, and character in assessing whether it reasonably foresees that disclosure of the document would harm an interest protected by an exemption. Additionally, the Commission will consider whether partial disclosure of information is possible whenever the Commission determines that a full disclosure of a requested record is not possible and will take reasonable steps necessary to segregate and release nonexempt information.

    (c) The Secretariat of the Commission is the designated Chief Freedom of Information Officer who, subject to the authority of the Chairman, is responsible for compliance with and implementation of 5 U.S.C. 552(j).

    3. Amend § 1015.2 by: a. Revising the section heading; b. Revising paragraphs (a), (b) and (c); and c. Adding paragraph (d).

    The revisions read, as follows:

    § 1015.2 Public inspection.

    (a) The Consumer Product Safety Commission will maintain in a public reference room or area the materials relating to the Consumer Product Safety Commission that are required by 5 U.S.C. 552(a)(2) and 552(a)(5) to be made available for public inspection in an electronic format. The principal location will be in the Office of the Secretariat of the Commission. The address of this office is: Office of the Secretariat, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814.

    (b) This public reference facility will maintain and make available for public inspection in an electronic format a current index of the materials available at that facility which are required to be indexed by 5 U.S.C. 552(a)(2).

    (c) The Consumer Product Safety Commission will maintain an “electronic reading room” on the World-Wide Web at https://www.cpsc.gov for those records that are required by 5 U.S.C. 552(a)(2) to be available by “computer telecommunications.” Records that the FOIA requires the Commission to make available for public inspection in an electronic format may be accessed through the e-FOIA Public Access Link at https://www.cpsc.gov.

    (d) Subject to the requirements of Section 6 of the CPSA, the Commission will make available for public inspection in an electronic format copies of all records, regardless of form or format, that (1) have been released to any person under 5 U.S.C. 552(a)(3) and (2) that because of the nature of their subject matter, the Commission determines have become or are likely to become the subject of subsequent requests for substantially the same records or that have been requested three or more times.

    4. Amend § 1015.3 by: a. Revising the section heading; b. Revising the first sentence of paragraph (a); c. Adding a sentence at the end of paragraph (b); and d. Removing the word “Secretary” from paragraphs (d) and (e), wherever it appears, and adding, in its place, the word “Secretariat”.

    The revisions read, as follows:

    § 1015.3 Requests for records.

    (a) A request for access to records of the Commission shall be in writing addressed to the Secretariat and shall be submitted through any of the following methods: The e-FOIA Public Access Link at https://www.cpsc.gov; email to [email protected]; mail to Consumer Product Safety Commission, 4330 East West Highway, Room 820, Bethesda, MD 20814; or facsimile to 301-504-0127. * * *

    (b) * * * Before submitting their requests, requesters may contact the Commission's FOIA contact or FOIA Public Liaison to discuss the records they seek and to receive assistance in describing the records.

    (d) If a requested record cannot be located from the information supplied, or is known to have been destroyed or otherwise disposed of, the requester shall be so notified by the Secretariat or delegate of the Secretariat.

    (e) The Consumer Product Safety Commission uses a multitrack system to process requests under the Freedom of Information Act that is based on the amount of work and/or time involved in processing requests. Requests for records are processed in the order they are received within each track. Upon receipt of a request for records, the Secretariat or delegate of the Secretariat will determine which track is appropriate for the request. The Secretariat or delegate of the Secretariat may contact requesters whose requests do not appear to qualify for the fastest tracks and provide such requesters the opportunity to limit their requests so as to qualify for a faster track. Requesters who believe that their requests qualify for the fastest tracks and who wish to be notified if the Secretariat or delegate of the Secretariat disagrees may so indicate in the request and, where appropriate and feasible, will also be given an opportunity to limit their requests.

    § 1015.4 [Amended]
    5. Amend § 1015.4 by removing the word “Secretary” wherever it appears,

    and adding, in its place, the word “Secretariat”.

    6. Amend § 1015.5 by: a. Revising paragraph (a) b. Removing the word “Secretary” in paragraphs (b), (b)(1), (d), and (d)(2) wherever it appears adding, in its place, the word “Secretariat”; c. Redesignating paragraphs (e) through (g), as paragraphs (f) through (h), respectively; d. Add new paragraph (e); e. Removing the word “Secretary” in redesignated paragraphs (f), (g), (g)(3), (g)(5), and (h) wherever it appears, and adding, in its place, the word “Secretariat”; and f. Revising redesignated paragraph (g)(2).

    The revisions read, as follows:

    § 1015.5 Time limitation on responses to requests for records and requests for expedited processing.

    (a) The Secretariat or delegate of the Secretariat shall respond to all written requests for records within twenty (20) working days (excepting Saturdays, Sundays, and legal public holidays). The time limitations on responses to requests for records submitted by mail shall begin to run at the time a request for records is received and date stamped by the Office of the Secretariat. The Office of the Secretariat shall date stamp the request the same day that it receives the request. The time limitations on responses to requests for records submitted electronically during working hours (8 a.m. to 4:30 p.m. EST) shall begin to run at the time the request was electronically received and the time limitations on responses submitted electronically during non-working hours will begin to run the next working day.

    (b) The time for responding to requests for records may be extended by the Secretariat at the initial stage or by the General Counsel of the Commission at the appellate stage up to an additional ten (10) working days under the following unusual circumstances:

    (1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the Office of the Secretariat.

    (d) If the Secretariat at the initial stage or the General Counsel at the appellate stage determines that an extension of time greater than ten (10) working days is necessary to respond to a request satisfying the “unusual circumstances” specified in paragraph (b) of this section, the Secretariat or the General Counsel shall so notify the requester and give the requester the opportunity to:

    (1) * * *

    (2) Arrange with the Secretariat or the General Counsel an alternative time frame for processing the request or a modified request.

    (e) If an extension of time greater than ten (10) working days is necessary, the Commission shall make available its FOIA Public Liaison for this purpose. A list of the Commission FOIA Public Liaisons is available at https://www.cpsc.gov/Newsroom/FOIA. The Commission will also notify requesters in writing to the availability of the Office of Government Information Services of the National Archives and Records Administration to provide dispute resolution services.

    (f) The Secretariat or delegate of the Secretariat may aggregate and process as a single request requests by the same requester, or a group of requesters acting in concert, if the Secretariat or delegate reasonably believes that the requests actually constitute a single request which would otherwise satisfy the unusual circumstances specified in paragraph (b) of this section, and the requests involve clearly related matters.

    (g) The Secretariat or delegate of the Secretariat will provide expedited processing of requests in cases where the requester demonstrates a compelling need for such processing.

    (1) * * *

    (2) Requesters for expedited processing must include in their requests, which may be submitted through any of the methods described in § 1015.3(a) of this part, a statement setting forth the basis for the claim that a “compelling need” exists for the requested information, certified by the requester to be true and correct to the best of his or her knowledge and belief.

    (3) The Secretariat or delegate of the Secretariat will determine whether to grant a request for expedited processing and will notify the requester of such determination within ten (10) days of receipt of the request.

    (4) * * *

    (5) The Secretariat or delegate of the Secretariat will process as soon as practicable the documents responsive to a request for which expedited processing is granted.

    (h) The Secretariat may be unable to comply with the time limits set forth in this § 1015.5 when disclosure of documents responsive to a request under this part is subject to the requirements of section 6(b) of the Consumer Product Safety Act, 15 U.S.C. 2055(b), and the regulations implementing that section, 16 CFR part 1101. The Secretariat or delegate of the Secretariat will notify requesters whose requests will be delayed for this reason.

    7. Revise § 1015.6 by: a. Revising paragraph (a); b. Removing the word “Secretary” from paragraphs (b), and (c) wherever it appears, and adding, in its place, the word “Secretariat;” c. Removing the number “30” in paragraph (b)(4), and adding, in its place, the number “90”; and d. Adding paragraph (b)(5).

    The revisions read, as follows:

    § 1015.6 Responses: Form and content.

    (a) When a requested record has been identified and is available for disclosure, the requester shall be supplied with a copy or notified as to where and when the record will be made available for public inspection in an electronic format. If the payment of fees is required the requester shall be advised by the Secretariat in writing of any applicable fees under § 1015.9 hereof. The requester will be notified of the right to seek assistance from the Commission's FOIA Public Liaison.

    (b) A response denying a written request for a record shall be in writing signed by the Secretariat or delegate of the Secretariat and shall include:

    (4) A statement that the denial may be appealed to the Commissioners of the Consumer Product Safety Commission. Any such appeal must be made within 90 calendar days of receipt of the denial by the requester.

    (5) A statement that the requester has the right to seek dispute resolution services from the Commission's FOIA Public Liaison or the Office of Government Information Services.

    (c) If no response is made within twenty (20) working days or any extension thereof, the requester can consider his or her administrative remedies exhausted and seek judicial relief in a United States District Court as specified in 5 U.S.C. 552(a)(4)(B). When it appears that no response can be made to the requester within the applicable time limit, the Secretariat or delegate of the Secretariat may ask the requester to forego judicial relief until a response can be made. The Secretariat or delegate of the Secretariat shall inform the requester of the reason for the delay, of the date on which a response may be expected and of his/her right to seek judicial review as specified in 5 U.S.C. 552(a)(4)(B).

    8. Amend § 1015.7 by: a. Revising the section heading; b. Revising paragraphs (a) and (b); c. Removing the word “Secretary” in paragraphs (c) and (g) wherever it appears, and adding, in its place, the word “Secretariat”; and d. Revising paragraph (e).

    The revisions read, as follows:

    § 1015.7 Appeals from initial denials; reconsideration by the Secretariat.

    (a) When the Secretariat or delegate of the Secretariat has denied a request for records in whole or in part, the requester may, within 90 calendar days of its receipt, appeal the denial to the General Counsel of the Consumer Product Safety Commission, attention of the Secretariat. Appeals may be submitted through any of the following methods: The e-FOIA Public Access Link at https://www.cpsc.gov; email to [email protected]; mail to 4330 East West Highway, Room 820, Bethesda, MD 20814; or facsimile to 301-504-0127.

    (b) The General Counsel, or the Secretariat upon reconsideration, will act upon an appeal within 20 working days of its receipt. The time limitations on an appeal submitted by mail shall begin to run at the time an appeal is received and date stamped by the Office of the Secretariat. The Office of the Secretariat will date stamp the request the same day that it receives the request. The time limitations on an appeal submitted electronically during working hours (8 a.m. to 4:30 p.m. EST) shall begin to run at the time the appeal was electronically received and the time limitations on responses electronically submitted during non-working hours will begin to run the next working day.

    (c) After reviewing the appeal, the Secretariat will reconsider his/her initial denial. If the Secretariat upon reconsideration decides to release any or all of the information requested on appeal, an appeal as to the information released will be considered moot; and the Secretariat will so inform the requester and submitter of the information in accordance with §§ 1015.6(a) and 1015.18(b). If the Secretariat decides to affirm the initial denial, in whole or in part, the General Counsel will decide the appeal within the 20-day time limit or any extension thereof in accordance with § 1015.5.

    (e) The General Counsel's action on appeal shall be in writing, shall be signed by the General Counsel, and shall constitute final agency action. A denial in whole or in part of a request on appeal shall set forth the exemption relied upon; a brief explanation, consistent with the purpose of the exemption, of how the exemption applies to the records withheld; and the reasons for asserting it. The decision will inform the requester of the right to seek dispute resolution services from the Commission's FOIA Liaison or the Office of Government Information Services. A denial in whole or in part shall also inform the requester of his/her right to seek judicial review of the Commission's final determination in a United States district court, as specified in 5 U.S.C. 552(a)(4)(B).

    (g) Copies of all appeals and copies of all actions on appeal shall be furnished to and maintained in a public file by the Secretariat.

    9. Amend § 1015.9 by: a. Removing the word “Secretary” in paragraphs (a), (e)(9), (f)(4), (5) and (7), and adding, in its place, the word “Secretariat”; b. Revising paragraph (b), (c)(2) and (3); c. Adding a sentence at the end of paragraph (e)(1); d. Adding paragraph (f)(6); e. Redesignating paragraph (f)(6) as paragraph (f)(7).

    The revisions read, as follows:

    § 1015. 9 Fees for production of records.

    (a) The Commission will provide, at no charge, certain routine information. For other Commission responses to information requests, the Secretariat shall determine and levy fees for duplication, search, review, and other services, in accordance with this section.

    (b) Fees shall be paid to the Treasury of the United States according to the directions provided by the Commission.

    (c)(2) Search includes all time spent looking for material that is responsive to a request, including page-by-page or line-by-line identification of material within documents and the reasonable efforts expended to locate and retrieve information from electronic records.

    (3) Duplication refers to the process of making a copy of a document, including electronically, necessary to respond to a FOIA request. The Commission will honor the requester's preference for receiving a record in a particular format when it can readily reproduce it in the form or format requested.

    (e)(1) * * * Where paper documents must be scanned in order to comply with a requester's preference to receive records in an electronic format, the requester must also pay the direct costs associated with scanning those materials.

    (f)(6) Search fees shall be waived for all requests and duplication fees shall be waived for requests from educational institutions, non-commercial scientific institutions, and representatives of the news media if the Commission fails to comply with any time limit and notice under § 1015.5(b)-(d) and 5 U.S.C. 552(a)(6) other than those exceptions stated in 5 U.S.C. 552 (a)(4)(A)(viii)(ll). Those exceptions include:

    (i) if the Commission has determined that unusual circumstances as defined in § 1015.5(b) apply and the Commission provided timely written notice to the requester as required by § 1015.5(e), then failure to comply with the time limit in § 1015.5(b)-(d) is excused for 10 additional days; or

    (ii) if the Commission has determined that unusual circumstances as defined in § 1015.5(b) apply and more than 5,000 pages are necessary to respond to the request, and the Commission has provided timely written notice in accordance with § 1015.5(e) and the Commission has discussed with the requester via written mail, email, or telephone (or made not less than three good-faith efforts to do so) how the requester could effectively limit the scope of the request; or

    (iii) if a court has determined that exceptional circumstances exist as defined in 5 U.S.C. 552(6)(C), then failure to comply with § 1015.6(b)-(d) and 5 U.S.C. 552(a)(6) shall be excused for the length of time provided by the court order.

    (7) Any determination made by the Secretariat concerning fee waivers may be appealed by the requester to the Commission's General Counsel in the manner described at § 1015.7.

    10. Revise § 1015.10 as follows: a. Adding a phrase at the end of the undesignated introductory paragraph; b. Add paragraph (h) and (i).

    The revisions read, as follows:

    § 1015.10 Commission report of actions to Congress.

    On or before February 1 of each year, the Commission shall submit a report of its activities with regard to freedom of information requests during the preceding fiscal year to the Attorney General of the United States and to the Director of the Office of Government Information Services. This report shall include:

    (h) The number of times the Commission denied a request for records under 5 U.S.C. 552(c).

    (i) The number of records that were made available for public inspection in an electronic format under 5 U.S.C. 552(a)(2).

    11. Amend § 1015.11 by revising paragraphs (a) and (b) to read, as follows:
    § 1015.11 Disclosure of trade secrets to consultants and contractors; nondisclosure to advisory committees and other government agencies.

    (a) In accordance with section 6(a)(2) of the CPSA, the Commission may disclose information which it has determined to be a trade secret or other matter referred to under 5 U.S.C. 552(b)(4) to Commission consultants and contractors for use only in their work for the Commission. Such persons are subject to the same restrictions with respect to disclosure of such information as any Commission employee.

    (b) In accordance with section 6(a)(2) of the CPSA, the Commission is prohibited from disclosing information which it has determined to be a trade secret or other matter referred to under 5 U.S.C. 552(b)(4) to advisory committees, except when required in the official conduct of their business, or to other Federal agencies and state and local governments except when permitted by the provisions of section 29(f) of the CPSA.

    12. Amend § 1015.15 by: a. Removing the words “and the internal Commission procedure for withholding exempt records” from paragraph (a); and b. Revising paragraph (b) and (c).

    The revisions read, as follows:

    § 1015.15 Purpose and scope.

    (a) The regulations of this subpart provide information concerning the types of records which may be withheld from production and disclosure by the Consumer Product Safety Commission. These regulations also provide information on the method whereby persons submitting information to the Commission may request that the information be considered exempt from disclosure, and information concerning the Commission's treatment of documents submitted with a request that they be treated as exempt from disclosure.

    (b) No identifiable record requested in accordance with the procedures contained in this part shall be withheld from disclosure unless it falls within one of the classes of records exempt under 5 U.S.C. 552(b). The Commission will make available, to the extent permitted by law, records authorized to be withheld under 5 U.S.C. 552(b) unless the Commission reasonably foresees that disclosure would harm an interest protected by the exemption or disclosure is prohibited by law or otherwise exempted from disclosure under 5 U.S.C. 552(b)(3). In this regard the Commission will not ordinarily release documents that provide legal advice to the Commission concerning pending or prospective litigation where the release of such documents would significantly interfere with the Commission's regulatory or enforcement proceedings.

    (c) Draft documents that are agency records are subject to release upon request in accordance with this regulation. However, in order to avoid any misunderstanding of the preliminary nature of a draft document, each draft document released will be marked to indicate its tentative nature. Similarly, staff briefing packages, which have been completed but not yet transmitted to the Commission by the Office of the Secretariat are subject to release upon request in accordance with this regulation. Each briefing package or portion thereof released will be marked to indicate that it has not been transmitted to or acted upon by the Commission. In addition, briefing packages, or portions thereof, which the Secretariat upon the advice of the Office of the General Counsel has determined would be released upon request in accordance with this regulation, will be made available for public inspection in an electronic format through the Commission's Web site at https://www.cpsc.gov promptly after the briefing package has been transmitted to the Commissioners by the Office of the Secretariat. Such packages will be marked to indicate that they have not been acted upon by the Commission.

    13. Amend § 1015.16 by: a. Revising paragraph (e); and b. Removing from paragraph (f) the misspelled word “consititute” and adding, in its place, the word “constitute”.

    The revisions read, as follows:

    § 1015.16 Exemptions (5 U.S.C. 552(b)).

    (e) Inter-agency or intra-agency memoranda or letters that would not be available by law to a party other than an agency in litigation with the agency provided that the deliberative process privilege shall not apply to records created 25 years or more before the date on which the records were requested.

    (f) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    § 1015.17 [Reserved]
    14. Remove and reserve § 1015.17.
    § 1015.20 Public availability of accident or investigation reports.
    15. Amend § 1015.20, by removing the period and the words “No portion of” from the first and second sentence of paragraph (a), and adding, in its place, “unless” and “s” to the word “report” to read as follows:

    (a) Accident or investigation reports made by an officer, employee, or agent of the Commission are available to the public under the procedures set forth in subpart A of this part 1015 unless such reports are subject to the investigatory file exemption contained in the Freedom of Information Act (as restated in § 1015.16) except that portions identifying any injured person or any person treating such injured person will be deleted in accordance with section 25(c)(1) of the CPSA. * * *

    Dated: December 21, 2016. Todd A. Stevenson, Secretariat, Consumer Product Safety Commission.
    [FR Doc. 2016-31131 Filed 12-30-16; 8:45 am] BILLING CODE 6355-01-P
    DEPARTMENT OF THE TREASURY 31 CFR Part 40 RIN 1505-AC54 Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance From the Department of the Treasury AGENCY:

    Department of the Treasury.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    This proposed rule would set out the Department of the Treasury (Treasury) rules for implementing section 504 of the Rehabilitation Act of 1973, as amended (section 504), for Treasury's programs offering Federal financial assistance. Section 504 prohibits discrimination on the basis of disability in programs or activities receiving Federal financial assistance. Section 504 and the section 504 coordination regulation (coordination regulation) require that all agencies that extend Federal financial assistance issue agency-specific regulations implementing section 504. Treasury recipients have been subject to section 504 since its effective date in 1973. Accordingly, today's proposed rule would not substantially change the existing duty of recipients of financial assistance from Treasury to refrain from discrimination on the basis of disability. This proposed rule fulfills the obligation of Treasury to issue agency-specific rules under the law, clarifies the responsibilities of recipients of financial assistance from Treasury under section 504, and describes the Treasury investigation and enforcement procedures to ensure compliance. The proposed regulation is consistent with the ADA Amendments Act of 2008 (ADA Amendments Act), which amended section 504.

    DATES:

    Comments must be received on or before March 6, 2017.

    ADDRESSES:

    Members of the public are invited to submit comments on all aspects of this proposed rule. Comments on this proposed rule should be sent to Mariam G. Harvey, Director, Office of Civil Rights and Diversity (OCRD), Department of Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220. Comments may be submitted through www.regulations.gov. The Department encourages electronic submission of comments via www.regulations.gov. Brief comments (maximum five pages) may be submitted by facsimile machine (FAX) to (202) 622-0367. Receipt of submissions, whether online, by mail or FAX transmittal, will not be acknowledged; however, the sender may request confirmation that a submission has been received by telephoning OCRD at (202) 622-1160 (VOICE) or (202) 622-7104 (TTY/TDD).

    In general, comments received will be posted to Regulations.gov without change, including any business or personal information provided. Please submit only information appropriate for public disclosure. Copies of this proposed rule in the alternative formats of large print and electronic file on computer disk are available upon request. To obtain the proposed rule in an alternative format, contact OCRD at the telephone and address listed above.

    FOR FURTHER INFORMATION CONTACT:

    Lydia E. Aponte, Civil Rights Program Manager, OCRD, (202) 622-8335 (VOICE) or (202) 622-7104 (TTY/TDD).

    SUPPLEMENTARY INFORMATION: I. Background

    This proposed rule implements section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, which provides that no otherwise qualified individual with a disability in the United States shall, “solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency . . . .” Here, the Department of the Treasury will be issuing section 504 federal financial assistance regulations for the first time. This proposed rule has been reviewed by DOJ in the exercise of its section 504 coordination authority under Executive Order 12250.

    II. Overview of Proposed Rule

    This proposed rule is designed to fulfill Treasury's statutory and regulatory obligations to issue regulations implementing the federal financial assistance requirements of section 504 that conform to and are consistent with the coordination regulation found at 28 CFR part 41. Treasury, as described below, is proposing language to set forth the 504 requirements for recipients of federal financial assistance that include addressing circumstances unique to Treasury or current applicable statutory requirements. The proposed rule sets forth section 504's prohibitions on discrimination based on disability in programs or activities receiving financial assistance from Treasury. It also elaborates on investigation, conciliation, and enforcement procedures. It clarifies that Treasury enforcement would be conducted by the Office of Civil Rights and Diversity (OCRD), part of the Office of the Assistant Secretary for Management. OCRD enforces all civil rights laws applicable to entities receiving financial assistance from Treasury. Treasury invites public comment on all aspects of this proposed rule and will take those comments into account before publishing a final rule.

    Summary of Key Provisions Subpart A—General

    Subpart A provides the proposed rule's purpose, application, definitions, and enforcement mechanisms. The purpose of the proposed rule is to effectuate section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of disability in programs or activities that receive financial assistance from the Department of the Treasury. These regulations will apply to all programs or activities that receive financial assistance from Treasury, such as awardees and grantees under various Community Development Financial Institution Fund programs and recipients of Treasury's Volunteer Income Tax Assistance Program.

    Treasury has proposed incorporating by reference DOJ's updated regulation on the ADA Amendments Act regarding the meaning and interpretation of the definition of disability (see 28 CFR 35.108). The ADA Amendments Act of 2008 (the ADA Amendments Act or the Act) was signed into law on September 25, 2008, with a statutory effective date of January 1, 2009. Public Law 110-325, sec. 8, 122 Stat. 3553, 2559 (2008). The Act made important changes to the meaning and interpretation of the ADA definition of the term “disability” in order to effectuate the intent of Congress to restore the broad scope of the ADA by making it easier for an individual to establish that he or she has a disability within the meaning of the statute. The ADA Amendments Act also amended the Rehabilitation Act of 1973 to conform the section 504 definition of disability, at 29 U.S.C. 705(20)(B), to the ADA. Incorporating the changes to the meaning and interpretation of the definition of disability introduced by the ADA Amendments Act will promote greater consistency among federal agencies' section 504 regulations and reduce the potential for confusion for entities that are covered by section 504 and titles II (nondiscrimination in state or local government services) or III (nondiscrimination by public accommodations and commercial facilities) of the ADA. In addition, the proposed rule incorporates DOJ's Appendix which provides extensive guidance interpreting the definition of disability.

    Treasury also incorporates a definition for auxiliary aids and services that is consistent with the ADA title II requirements for effective communication and includes updated examples of auxiliary aids and services from the DOJ title II regulations at 28 CFR part 35. Treasury's definitions are intended to promote more clarity and consistency with current applicable law and regulations.

    Treasury proposes a substantive non-discrimination provision in § 40.4 to include requirements for recipient provision of effective communication with applicants, beneficiaries, members of the public, and companions with disabilities. This is consistent with the current application of section 504 and the DOJ title II regulations.

    Subpart A also includes a provision, at § 40.4(j), requiring recipients to provide reasonable accommodations by making changes to policies, practices or procedures when necessary to avoid discrimination on the basis of disability, unless the covered entity can show that the accommodations would result in a fundamental alteration in the nature of its service, program, or activity or impose undue financial and administrative burdens. The obligation to modify policies, practices or procedures was first enunciated by the Supreme Court in Southeastern Community College v. Davis, 442 U.S. 397 (1979), which held that while section 504 prohibits the exclusion of an otherwise qualified individual with a disability from participation in a federally funded program solely by reason of the individual's disability, that person is not protected by section 504 if, in order to meet reasonable eligibility standards, the person needs program or policy modifications that would fundamentally alter the nature of the provider's program. Because the Davis Court analyzed the case in terms of the proper interpretation of the statutory term “otherwise qualified,” agency section 504 regulations promulgated immediately after Davis addressed the obligation to provide reasonable accommodations outside of the employment arena by defining “qualified handicapped person,” as one who meets the essential eligibility requirements of the program and who can achieve the purpose of the program or activity without modifications in the program or activity that the agency can demonstrate would result in a fundamental alteration in its nature. See, e.g., 28 CFR 39.103 (the Department of Justice's section 504 federally conducted regulation).

    Subsequently, in Alexander v. Choate, 469 U.S. 287 (1985), which addressed a section 504 challenge to a state policy reducing the annual number of days of inpatient hospital care covered by the state's Medicaid program, the Supreme Court implicitly acknowledged that the obligation to provide reasonable accommodations could be considered as an affirmative obligation, noting, “the question of who is `otherwise qualified' and what actions constitute `discrimination' under the section would seem to be two sides of a single coin; the ultimate question is the extent to which a grantee is required to make reasonable modifications [accommodations] in its programs for the needs of the handicapped.” Alexander, 469 U.S. at 300 n.19.

    Alexander also introduced the concept of undue financial and administrative burden as a limitation on the reasonable accommodation obligation. In responding to the petitioners' contention that any durational limitation on inpatient coverage in a state Medicaid plan is a violation of section 504, the court stated “[i]t should be obvious that the administrative costs of implementing such a regime would be well beyond the accommodations that are required under Davis.” Alexander, 469 U.S. at 308.

    In the past decades, in keeping with these Supreme Court decisions, federal courts and federal agencies have regularly acknowledged federal agencies' affirmative obligation to ensure that recipients provide qualified individuals with disabilities reasonable accommodations in programs and activities unless the recipient can demonstrate that making these accommodations would fundamentally alter the program or activity or result in an undue financial and administrative burden. However, traditionally, agencies' section 504 regulations have lacked a specific provision implementing this requirement outside of the employment arena. The proposed incorporation of a reasonable accommodation provision is meant to fill this gap. The proposed rule also includes a prohibition on associational discrimination, at § 40.4(k), to ensure that persons who have a relationship with or are otherwise associated with individuals with disabilities are protected from discrimination.

    This proposed rule contains requirements that recipients of Treasury assistance submit assurance of compliance with these regulations at § 40.5; that recipients with more than 50 employees designate at least one person to coordinate compliance with these regulations at § 40.6; and that recipients with more than 50 employees take appropriate initial and continuing steps to notify participants, beneficiaries, applicants and employees that they do not discriminate on the basis of disability in violation of section 504 and these proposed regulations at § 40.7.

    Consistent with the requirements in the section 504 coordination regulation, § 40.8 of this proposed rule requires recipients to conduct self-evaluations, with the assistance of interested persons, including individuals with disabilities, of their compliance with section 504 within one year of the effective date of this regulation. Treasury recognizes the value of a self-evaluation process to obtain meaningful feedback from the community affected by this regulation and to promote effective and efficient implementation of section 504.

    Subpart B—Employment Practices

    Subpart B applies section 504's prohibition of discrimination on the basis of disability as it relates to the employment practices of recipients of Treasury financial assistance and recipient relationships with third parties. In particular, this regulation conforms to the Rehabilitation Act Amendments of 1992 (Pub. L. 102-569, sec 506), which amended the Rehabilitation Act to make the same employment standards set forth in title I of the ADA apply to employment discrimination under section 504. The proposed rule references the standards applied under title I of the ADA of 1990 (42 U.S.C. 12111 et seq.), and the Equal Employment Opportunity Commission's ADA title I regulation at 29 CFR 1630, as amended.

    Subpart C—Program Accessibility

    Subpart C applies section 504's prohibition of discrimination on the basis of disability as it relates to both existing facilities and newly-constructed facilities of recipients of financial assistance from Treasury. Recipients of financial assistance from Treasury must operate each service, program or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. The Department has included a safe harbor for recipients who have not altered existing facilities on or after the effective date of this rule and that comply with the corresponding technical and scoping specifications for those elements in the Uniform Federal Accessibility Standards (UFAS), Appendix A to 41 CFR part 101-19.6, 49 FR 31528, app. A (Aug. 7, 1984). These facilities are not required to be modified to be brought into compliance with the requirements set forth in the 2010 ADA Standards for Accessible Design (the 2004 ADAAG (the requirements set forth in appendices B and D to 36 CFR part 1191 (2009)), and the requirements contained in 28 CFR 35.151). This will likely apply to recipients who previously complied with UFAS on their own or because of other regulatory requirements, such as titles II or III of the ADA.

    If construction of a recipient's facility commences after the effective date of this regulation, the facility must be designed and constructed so that it is readily accessible to and usable by persons with disabilities. Generally, new construction and alterations by recipients that are private entities in which the last application for a building permit or permit extension is certified to be complete one year after publication of this rule as final in the Federal Register or if no permit is required, if the start of physical construction is one year from the publication of the final rule, must comply with the 2010 Standards as defined in this rule. New construction and alterations by recipients that are public entities that commence one year after the publication of this rule as final in the Federal Register must comply with the 2010 Standards.

    Subparts D and E—Compliance, Investigations and Procedure for Effecting Compliance; and Hearings and Decisions

    As required by section 504, Subparts D and E describe procedures for complaint processing, compliance, investigations, and enforcement consistent with the remedies, procedures and rights set forth in Title VI of the Civil Rights Act of 1964 (42. U.S. C.A. § 2000d). See 29 U.S.C. 794a.

    III. Procedural Determinations Executive Order 12067

    The Equal Employment Opportunity Commission has reviewed this proposed rule pursuant to Executive Order 12067.

    Executive Order 12866

    This regulatory action is not a “significant regulatory action” under Executive Order 12866, “Regulatory Planning and Review,” 58 FR 51735 (October 4, 1993). Accordingly, this rule is not subject to review under the Executive Order by the Office of Information and Regulatory Affairs within the Office of Management and Budget.

    Executive Order 13175

    In accordance with Executive Order 13175, we have evaluated the potential effects of this rule on federally-recognized Indian tribes and have determined that the rule does not have substantial direct effects on one or more Indian tribes, on the relationship between the federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.

    Unfunded Mandates Reform Act of 1995

    The Department certifies that no actions were deemed necessary under the Unfunded Mandates Reform Act of 1995. Furthermore, these regulations will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and they will not significantly or uniquely affect small governments.

    The Regulatory Flexibility Act

    The Department, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., has reviewed these regulations and certifies that these regulations will not have a significant economic impact on a substantial number of small entities. This certification is based on the fact that recipients of federal financial assistance have been subject to section 504 and the coordination regulation since their effective date in 1973. Accordingly, this proposed rule would not substantially change the existing duty of recipients of financial assistance from Treasury to refrain from discrimination on the basis of disability. This proposed rule would merely fulfill the obligation of the Department to issue agency-specific rules under the law; the rule clarifies the responsibilities of recipients of financial assistance from Treasury under section 504 and describes the Department's investigation and enforcement procedures to ensure compliance. In particular, this rule codifies requirements for a transition plan and self-evaluation as outlined in the coordination regulation (28 CFR part 41). The transition plan and self-evaluation demonstrate an entity's compliance with section 504 and are anticipated to have minimal economic burden. Further, the rule likely would apply only to entities receiving federal financial assistance from the Department, which likely would only include a small number of entities in each industry and therefore would not be expected have an impact on a substantial number of small entities in any industry.

    Notwithstanding this certification, the Department welcomes comments on the impacts of this rule on small entities.

    Executive Order 13132

    These regulations will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, the Department has determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.

    Paperwork Reduction Act

    Under the Paperwork Reduction Act (44 U.S.C. chapter 35), an agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a valid control number issued by the Office of Management and Budget (OMB). The information collections contained in this proposed rule will be submitted and approved by OMB in connection with information collections for the applicable programs listed below.

    The information collections contained in this proposed rule are found in §§ 40.5 (assurances), 40.8 (self-evaluation), 40.203 (transition plan), and 40.300 (compliance information).

    The OMB control numbers that will be revised include the following:

    Bureau/Office Program or activity OMB control
  • numbers
  • Departmental Offices, Office of Domestic Finance, Office of Financial Institutions Community Development Financial Institutions (CDFI) Fund—Financial Component 1559-0021 Departmental Offices, Office of Domestic Finance, Office of Financial Institutions Community Development Financial Institutions (CDFI) Fund—Technical Assistance Component 1559-0021 Departmental Offices, Office of Domestic Finance, Office of Financial Institutions Bank Enterprise Award Program 1559-0032, 1559-0005 Departmental Offices, Office of Domestic Finance, Office of Financial Institutions Native American Community Development Financial Institutions (CDFI) Assistance Program, Financial Assistance (FA) Awards 1559-0021 Departmental Offices, Office of Domestic Finance, Office of Financial Institutions Native American Community Development Financial Institutions (CDFI) Assistance (NACA) Program, Technical Assistance Grants 1559-0021 Departmental Offices, Office of Domestic Finance, Office of Financial Institutions Community Development Financial Institutions Fund, Capital Magnet Fund 1559-0043 Departmental Offices, Office of Domestic Finance, Office of Small Business, Community Development, and Housing Policy State Small Business Credit Initiative 1505-0227 Internal Revenue Service Tax Counseling for the Elderly Grant Program 1545-2222 Internal Revenue Service Volunteer Income Tax Assistance Program 1545-2222 Internal Revenue Service Volunteer Income Tax Assistance Grant Program 1545-2222 Internal Revenue Service Low Income Taxpayer Clinic Grant Program 1545-1648 United States Mint U.S. Commemorative Coin Programs TBD Departmental Offices, Treasury Executive Office for Asset Forfeiture Equitable sharing program (transfer of forfeited property to state and local law enforcement agencies) 1505-0152 Departmental Offices, Office of the Fiscal Assistant Secretary Grants under the RESTORE Act's Direct Component and Centers of Excellence program 1505-0250

    Comments on the collection of information should be sent to the Office of Management and Budget, Attention: Desk Officer for the Department of Treasury, Office of Information and Regulatory Affairs, Washington, DC 20503, or email to [email protected] with copies to the Department of Treasury at the addresses specified in the ADDRESSES section. Comments on the information collection should be submitted no later than March 6, 2017. Comments are specifically requested concerning:

    (1) Whether the proposed information collection is necessary for the proper performance of agency functions, including whether the information will have practical utility;

    (2) The accuracy of the estimated burden associated with the proposed collection of information, including the validity of the methodology and assumptions used (see below);

    (3) How to enhance the quality, utility, and clarity of the information required to be maintained; and

    (4) How to minimize the burden of complying with the proposed information collection, including the application of automated collection techniques or other forms of information technology.

    List of Subjects in 31 CFR Part 40

    Civil rights.

    For the reasons stated in the preamble, the Department of the Treasury proposes to add part 40 to Title 31 of the Code of Federal Regulations to read as follows:

    PART 40—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE DEPARTMENT OF THE TREASURY Subpart A—General Provisions Sec. 40.1 Purpose, broad coverage and effective date. 40.2 Applicability. 40.3 Definitions. 40.4 Discrimination prohibited. 40.5 Assurances required. 40.6 Designation of responsible employee and adoption of grievance procedures. 40.7 Notice of nondiscrimination and accessible services. 40.8 Remedial action, voluntary action, and self-evaluation. 40.9 Effect of state or local law or other requirements. 40.10 Effect of compliance with regulations of other Federal agencies. Subpart B—Employment Practices 40.101 Applicability. 40.102 Discrimination prohibited. Subpart C—Program Accessibility 40.201 Applicability. 40.202 Discrimination prohibited. 40.203 Existing facilities. 40.204 New construction and alterations. Subpart D—Compliance, Investigations and Procedure for Effecting Compliance 40.300 Compliance information. 40.301 Conduct of investigations. 40.302 Procedure for effecting compliance. Subpart E—Hearings and Decisions and Notices 40.400 Hearings. 40.401 Decisions and notices. Authority:

    29 U.S.C. 701-796; 31 U.S.C. 321.

    Subpart A—General Provisions
    § 40.1 Purpose, broad coverage, and effective date.

    (a) Purpose. The purpose of this part is to implement section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual with a disability in the United States shall solely by reason of his or her disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of the Treasury.

    (b) Broad Coverage. Consistent with the purpose of the ADA Amendments Act of 2008 of reinstating a broad scope of protection under the Americans with Disabilities Act and section 504, the definition of “disability” applicable to this part shall be construed broadly in favor of expansive coverage. The primary object of attention in cases brought under this part should be whether entities covered under section 504 have complied with their obligations and whether discrimination has occurred, not whether the individual meets the definition of disability. The question of whether an individual meets the definition of disability should not demand extensive analysis.

    (c) Effective date. This part is effective on [30 days after publication of the final rule].

    § 40.2 Applicability.

    This part applies to all programs or activities that receive Federal financial assistance provided by the Department of the Treasury after the effective date of this part, whether or not the assistance was approved before the effective date and whether or not a recipient's grant or award documents reference the obligation to comply with section 504.

    § 40.3 Definitions.

    2004 ADAAG means the requirements set forth in appendices B and D to 36 CFR part 1191 (2009).

    2010 Standards means the 2010 ADA Standards for Accessible Design, which consist of the 2004 ADAAG and the requirements contained in 28 CFR 35.151.

    The Act means the Rehabilitation Act of 1973, Public Law 93-112, 87 Stat. 390 (1973), as amended. The Act appears at 29 U.S.C. 701-796.

    Applicant means one who submits an application, request, or plan required to be approved by the designated Department official or by a primary recipient as a condition to becoming a recipient.

    Auxiliary aids and services means services or devices that enable persons with sensory, manual, or speech disabilities to have an equal opportunity to participate in, and enjoy the benefits of, the recipient's programs or activities. Auxiliary aids and services include:

    (1) Qualified interpreters on-site or through video remote interpreting (VRI) services; note takers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing;

    (2) Qualified readers; taped texts; audio recordings; Brailled materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision;

    (3) Acquisition or modification of equipment or devices; and

    (4) Other similar services and actions.

    Current illegal use of drugs means illegal use of drugs that occurred recently enough to justify a reasonable belief that a person's drug use is current or that continuing use is a real and ongoing problem.

    Department means the Department of the Treasury and includes each of its operating bureaus and other organizational units.

    Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a change to policies, practices or procedures, or by the provision of auxiliary aids or services, as provided in § 40.4(l) of this part.

    Disability has the same meaning as that given in 28 CFR part 35.

    Drug means a controlled substance as defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812).

    Facility means all or any portion of buildings, structures, sites, complexes, equipment, roads, walks, passageways, parking lots, rolling stock or other conveyances, including the site where the building, property, structure, or equipment is located, or other real or personal property or interest in such property.

    Federal financial assistance means any grant, contract (other than a direct Federal procurement contract or a contract of insurance or guaranty), subgrant, contract under a grant, cooperative agreement, formula allocation, loan, or any other arrangement by which the Department provides or otherwise makes available assistance in the form of:

    (a) Funds;

    (b) Services of Federal personnel;

    (c) Real and personal property or any interest in such property, including:

    (1) A sale, transfer, lease or use (other than on a casual or transient basis) of Federal property for less than fair market value, for reduced consideration or in recognition of the public nature of the recipient's program or activity; or

    (2) Proceeds from a subsequent sale, transfer or lease of Federal property if the Federal share of its fair market value is not returned to the Federal government; or

    (3) Any other thing of value by way of grant, loan, contract, or cooperative grant.

    Historic preservation programs means programs conducted by recipients of Federal financial assistance that have preservation of historic properties as a primary purpose.

    Historic properties means those buildings or facilities that are eligible for listing in the National Register of Historic Places, or such properties designated as historic under a statute of the appropriate state or local government body.

    Illegal use of drugs means the use of one or more drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). The term illegal use of drugs does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.

    Individual with a disability means any person who has a disability. (The term individual with a disability does not include an individual who is currently engaging in the illegal use of drugs, when the recipient acts on the basis of such use.)

    Primary recipient means any recipient that is authorized or required to extend Federal financial assistance to another recipient.

    Program or activity means all of the operations of any entity described below, any part of which is extended Federal financial assistance:

    (a)(1) A department, agency, special purpose district, or other instrumentality of a state or of a local government; or

    (2) The entity of such state or local government that distributes Federal financial assistance and each such department or agency (and each other state or local government entity) that is the recipient of Federal financial assistance, in the case of assistance to a state or local government; or

    (b)(1) A college, university, or other postsecondary institution, or a public system of higher education; or

    (2) A local educational agency (as defined in 20 U.S.C. 7801), system of vocational education, or other school system; or

    (c)(1) An entire corporation, partnership, or other private organization, or an entire sole proprietorship if—

    (i) Assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

    (ii) The corporation, partnership, private organization, or sole proprietorship is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

    (2) The entire plant or other comparable, geographically separate physical facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship that is the recipient of Federal financial assistance; or

    (d) Any other entity which is established by two or more of the entities described in paragraphs (a), (b) or (c) of this paragraph.

    Qualified individual with a disability means:

    (a) With respect to any aid, benefit, or service, provided under a program or activity subject to this part, an individual with a disability who, with or without reasonable accommodations in rules, policies, or procedures, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids or services, meets the essential eligibility requirements for participation in, or receipt from, that aid, benefit, or service; and

    (b) With respect to employment, the definition given that term in the Equal Employment Opportunity Commission's regulation at 29 CFR part 1630, implementing title I of the Americans with Disabilities Act of 1990, which regulation is made applicable to this part by § 40.101 and § 40.102.

    Qualified interpreter means an interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators.

    Qualified reader means a person who is able to read effectively, accurately, and impartially using any necessary specialized vocabulary.

    Recipient means any state or its political subdivision, any instrumentality of a state or its political subdivision, any public or private agency, institution, organization, or other entity, or any person to which Federal financial assistance is extended directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance.

    Secretary means the Secretary of the Treasury or any officer or employee of the Department to whom the Secretary has delegated or may delegate the authority to act under the regulations of this part.

    Section 504 means section 504 of the Act, (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794), as amended.

    Sub-recipient means an entity to which a primary recipient extends Federal financial assistance.

    Ultimate beneficiary is one among a class of persons who are entitled to benefit from, or otherwise participate in, a program or activity receiving Federal financial assistance and to whom the protections of this part extend. The ultimate beneficiary class may be the general public or some narrower group of persons.

    Video remote interpreting (VRI) service means an interpreting service that uses video conference technology over dedicated lines or wireless technology offering high-speed, wide-bandwidth video connection that delivers high-quality video images as provided in § 40.4(i)(4).

    § 40.4 Discrimination prohibited.

    (a) General. No qualified individual shall, solely on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving assistance subject to this part.

    (b) Discriminatory actions prohibited.

    (1) A recipient may not, in providing any program or activity subject to this part, discriminate on the basis of disability, directly or through contractual, licensing, or other arrangements, on the basis of disability:

    (i) Deny a qualified individual with a disability the opportunity accorded others to participate in or benefit from the aid, benefit, or service.

    (ii) Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit or service that is not equal to that afforded to others;

    (iii) Provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others;

    (iv) Deny a qualified individual with a disability an equal opportunity to participate in the program or activity by providing services to the program;

    (v) Provide different or separate aids, benefits, or services to qualified individuals with disabilities or classes of qualified individuals with disabilities than is provided to others unless such action is necessary to provide qualified individuals with disabilities or classes of qualified individuals with disabilities with aids, benefits, or services that are as effective as that provided to others;

    (vi) Deny a qualified individual with a disability an opportunity to participate as a member of a planning or advisory board;

    (vii) Aid or perpetuate discrimination against a qualified individual with a disability by providing assistance to an agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the recipient's program;

    (viii) Permit the participation in the program or activity of agencies, organizations or persons which discriminate against individuals with disabilities who are beneficiaries in the recipient's program.

    (ix) Intimidate or retaliate against any individual, with or without a disability, for the purpose of interfering with any right secured by section 504 or this part;

    (x) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service;

    (2) A recipient may not deny a qualified individual with a disability the opportunity to participate in any programs or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities.

    (3) A recipient may not, directly or through contractual, licensing, or other arrangements, utilize criteria or methods of administration that:

    (i) have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability;

    (ii) have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the recipient's program or activity with respect to individuals with disabilities; or

    (iii) perpetuate the discrimination of another recipient if both recipients are subject to common administrative control or are agencies of the same State.

    (4) A recipient may not, in determining the site or a location of a facility, make selections—

    (i) that have the purpose or effect of excluding individuals with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination on the basis of disability; or

    (ii) that have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to individuals with disabilities.

    (5) A recipient is prohibited from discriminating on the basis of disability in aid, benefits, or services in programs or activities operating without Federal financial assistance where such action would discriminate against individuals with disabilities who are beneficiaries or participants in any program or activity of the recipient receiving Federal financial assistance from this Department.

    (6) An entity not otherwise receiving Federal financial assistance but using a facility provided with the aid of Federal financial assistance from this Department after the effective date of this part is prohibited from discriminating on the basis of disability.

    (7) A recipient, in the selection of procurement contractors, may not use criteria that subject qualified individuals with disabilities to discrimination on the basis of disability.

    (8) A recipient may not administer a licensing or certification program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of disability, nor may a recipient establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability. The programs or activities of entities that are licensed or certified by a recipient are not, themselves, covered by this part unless those entities are also recipients of federal financial assistance from this Department.

    (c) The exclusion of individuals without disabilities or specified classes of individuals with disabilities from aid, benefits, or services limited by Federal statute or executive order to individuals with disabilities or a different class of individuals with disabilities is not prohibited by this part.

    (d) Nothing in this part prohibits a recipient from providing aid, benefits, or services to individuals with disabilities or to a particular class of individuals with disabilities beyond those required by this part.

    (e) Integrated Setting. Recipients shall administer programs or activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.

    (f) Nothing in this part shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit provided under section 504 or this part which such individual chooses not to accept.

    (g) A recipient may not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids, reasonable accommodations, or program accessibility, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act or this part.

    (h) Illegal Use of Drugs.

    (1) General. Except as provided in subparagraph (3) of this section, this part does not prohibit discrimination against an individual based on that individual's current use of illegal drugs.

    (2) A recipient shall not discriminate on the basis of illegal use of drugs against an individual who is not engaging in current illegal use of drugs and who—

    (i) Has successfully completed a supervised drug rehabilitation program or has otherwise been rehabilitated successfully;

    (ii) Is participating in a supervised rehabilitation program; or

    (iii) Is erroneously regarded as engaging in such use.

    (3) Health and drug rehabilitation services.

    (i) A recipient shall not deny health services, or services provided in connection with drug rehabilitation, to an individual on the basis of that individual's current illegal use of drugs, if the individual is otherwise entitled to such services.

    (ii) A drug rehabilitation or treatment program may deny participation to individuals who engage in illegal use of drugs while they are in the program.

    (4) Drug testing.

    (i) This part does not prohibit a recipient from adopting or administering reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual who formerly engaged in the illegal use of drugs is not now engaging in current illegal use of drugs.

    (ii) Nothing in paragraph (4) of this section shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the illegal use of drugs.

    (i) Communications.

    (1)(i) A recipient shall take appropriate steps to ensure that communications with applicants, participants, beneficiaries, members of the public, and companions with disabilities are as effective as communications with others.

    (ii) For purposes of this section, “companion” means a family member, friend, or associate of an individual seeking access to a program or activity of a recipient, who, along with such individual, is an appropriate person with whom the recipient should communicate.

    (2)(i) A recipient shall furnish appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities, an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity of a recipient.

    (ii) The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place. In determining what types of auxiliary aids and services are necessary, a recipient entity shall give primary consideration to the requests of individuals with disabilities. In order to be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability.

    (3)(i) A recipient shall not require an individual with a disability to bring another individual to interpret for him or her.

    (ii) A recipient shall not rely on an adult accompanying an individual with a disability to interpret or facilitate communication except—

    (A) In an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available; or

    (B) Where the individual with a disability specifically requests that the accompanying adult interpret or facilitate communication, the accompanying adult agrees to provide such assistance, and reliance on that adult for such assistance is appropriate under the circumstances.

    (iii) A recipient shall not rely on a minor child to interpret or facilitate communication, except in an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available.

    (4) Video remote interpreting (VRI) services. A recipient that chooses to provide qualified interpreters via VRI services shall ensure that it provides—

    (i) Real-time, full-motion video and audio over a dedicated high-speed, wide-bandwidth video connection or wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication;

    (ii) A sharply delineated image that is large enough to display the interpreter's face, arms, hands, and fingers, and the participating individual's face, arms, hands, and fingers, and can be seen by the participating individual regardless of the individuals' body position.

    (iii) A clear, audible transmission of voices; and

    (iv) Adequate training to users of the technology and other involved individuals so that they may quickly and efficiently set up and operate the VRI.

    (5) Where a recipient communicates by telephone with applicants, participants, beneficiaries and members of the public, text telephones (TTYs) or equally effective telecommunications systems shall be used to communicate with individuals who are deaf or hard of hearing or have speech impairments.

    (6) When a recipient uses an automated-attendant system, including, but not limited to, voice mail and messaging, or an interactive voice response system, for receiving and directing incoming telephone calls, that system must provide effective real-time communication with individuals using auxiliary aids and services, including TTYs and all forms of FCC-approved telecommunications relay system, including Internet-based relay systems.

    (7) A recipient shall respond to telephone calls from a telecommunications relay service established under title IV of the ADA in the same manner that it responds to other telephone calls.

    (8) This section does not require the recipient to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where the recipient believes that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the recipient has the burden of proving that compliance with § 40.4(i) would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of the recipient agency or the agency head's designee after considering all of the recipient's resources available for use in the funding and operation of the conducted program or activity and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply with this section would result in such an alteration or such burdens, the recipient shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits and services of the program or activity.

    (j) Reasonable accommodations. (1) A recipient shall make reasonable accommodations in policies, practices, or procedures when such accommodations are necessary to avoid discrimination on the basis of disability, unless the recipient can demonstrate that making the accommodations would fundamentally alter the nature of the service, program, or activity or result in an undue financial and administrative burden. For purposes of this section, the term reasonable accommodation shall be interpreted in a manner consistent with the term “reasonable modifications” as set forth in the Americans with Disabilities Act Title II regulation at 28 CFR 35.130(b)(7), and not as it is defined or interpreted for the purposes of employment discrimination under Title I of the ADA (42 U.S.C. 12111-12112) and its implementing regulation at 29 CFR part 1630.

    (2) A recipient is not required to provide a reasonable accommodation to an individual who meets the definition of disability solely under the “regarded as” prong of the definition of disability at § 40.3, definition of disability,

    (k) Prohibition on associational discrimination. A recipient shall not exclude or otherwise deny aids, benefits, or services of its programs or activities to an individual because of that individual's relationship or association with an individual with a known disability.

    (l) Direct Threat. (1) This part does not require a recipient to permit an individual to participate in or benefit from the services, programs, or activities of that recipient when that individual poses a direct threat to the health or safety of others.

    (2) In determining whether an individual poses a direct threat to the health or safety of others, a recipient must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: The nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable accommodations in policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.

    (m) Claims of no disability. Nothing in this subpart shall provide the basis for a claim that an individual without a disability was subject to discrimination because of a lack of disability, including a claim that an individual with a disability was granted a reasonable accommodation that was denied to an individual without a disability.

    § 40.5 Assurances required.

    (a) Assurances. Either at the application stage or the award stage, an applicant for federal financial assistance to which this part applies shall submit an assurance that the program or activity will be operated in compliance with this part.

    (b) Duration of obligation. (1) In the case where the Federal financial assistance is to provide or is in the form of personal property, real property or an interest therein or structures thereon, the assurance shall obligate the recipient, or, in the case of a subsequent transfer, the transferee, for the period during which the property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the recipient retains ownership or possession of the property, whichever is longer. In all other cases the assurance shall obligate the recipient for the period during which federal financial assistance is extended to the program.

    (2) In the case where Federal financial assistance is provided in the form of a transfer of real property, structures, or improvements thereon, or interest therein, from the Federal government, the instrument effecting or recording the transfer shall contain a covenant running with the land assuring nondiscrimination for the period during which the real property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. Where no transfer of property or interest therein from the Federal government is involved, but property is acquired or improved with Federal financial assistance, the recipient shall agree to include such covenant in any subsequent transfer of such property. When the property is obtained from the Federal government, such covenant may also include a condition coupled with a right to be reserved by the Department to revert title to the property in the event of a breach of the covenant where, in the discretion of the designated agency official, such a condition and right of reverter is appropriate to the statute under which the real property is obtained and to the nature of the grant and the grantee. In such event if a transferee of real property proposes to mortgage or otherwise encumber the real property as security for financing construction of new, or improvement of existing, facilities on such property for the purposes for which the property was transferred, the designated agency official may agree, upon request of the transferee and if necessary to accomplish such financing, and upon such conditions as the designated agency official deems appropriate, to subordinate such right of reversion to the lien of such mortgage or other encumbrance.

    (c) Continuing Federal financial assistance. Every application by a state or a state agency for continuing Federal financial assistance to which this part applies shall as a condition to its approval and the extension of any Federal financial assistance pursuant to the application:

    (1) Contain, be accompanied by, or be covered by a statement that the program is (or, in the case of a new program, will be) conducted in compliance with all requirements imposed by or pursuant to this part; and

    (2) Provide, be accompanied by, or be covered by provision for such methods of administration for the program as are found by the designated agency official to give reasonable guarantee that the applicant and all recipients of Federal financial assistance under such program will comply with all requirements imposed by or pursuant to this part.

    (d) Assurance from institutions. (1) In the case of any application for Federal financial assistance to an institution of higher education (including assistance for construction, for research, for special training projects, for student loans or for any other purpose), the assurance required by this section shall extend to admission practices and to all other practices relating to the treatment of students.

    (2) The assurance required with respect to an institution of higher education, hospital, or any other institution, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals as students, patients, or clients of the institution or to the opportunity to participate in the provision of services or other benefits to such individuals, shall be applicable to the entire institution.

    (e) Form. (1) The assurances required by paragraph (a) of this section, which may be included as part of a document that addresses other assurances or obligations, shall include that the applicant or recipient will comply with all applicable Federal statutes relating to nondiscrimination. This includes but is not limited to: Section 504 of the Rehabilitation Act of 1973, as amended.

    (2) The designated agency official will specify the extent to which such assurances will be required of the applicant's or recipient's subgrantees, contractors, subcontractors, transferees, or successors in interest. Any such assurance shall include provisions which give the United States a right to seek its judicial enforcement.

    § 40.6 Designation of responsible employee and adoption of grievance procedures.

    (a) Designation of responsible employee. A recipient that employs fifty or more persons shall designate at least one person to coordinate compliance with this part.

    (b) Adoption of grievance procedures. A recipient that employs fifty or more persons shall adopt grievance procedures that incorporate appropriate due process standards (e.g. adequate notice, fair hearing) and provide for the prompt and equitable resolution of complaints alleging any action prohibited by this part except that such procedures need not be established with respect to complaints from applicants for employment. Any individual may file a complaint with the Department without having first used the recipient's grievance procedures.

    (c) The Secretary may require any recipient with fewer than fifty employees to designate a responsible employee, comply with the requirements for providing notice of nondiscrimination, and adopt grievance procedures when the Secretary finds a violation of this part or finds that complying with these administrative requirements will not significantly impair the ability of the recipient to provide benefits or services.

    § 40.7 Notice of nondiscrimination and accessible services.

    (a) A recipient employing fifty or more persons shall take appropriate initial and continuing steps to notify participants, beneficiaries, applicants, and employees, including those who are blind or have low vision or deaf or hard of hearing, and unions or professional organizations holding collective bargaining or professional agreements with the recipient that it does not discriminate on the basis of disability in violation of section 504 and this part. The notification shall state, where appropriate, that the recipient does not discriminate in admission or access to, or participation in, or employment in, its programs or activities. The recipient shall also identify the responsible employee designated pursuant to § 40.6(a), where to file section 504 complaints with the Department, and where applicable, with the recipient, and identify the existence and location of accessible services, activities, and facilities. A recipient shall make the initial notification required by this paragraph within 90 days of the effective date of this part. Methods of initial and continuing notification may include but are not limited to the posting of notices, placement of notices in the recipient's publications, publication of notices on the recipient's Web site, publication in newspapers or magazines, radio announcements, and the use of other visual and aural media.

    (b) If a recipient publishes or uses recruitment materials or publications containing general information that it makes available to participants, beneficiaries, applicants or employees, it shall include in those materials or publications a statement of the policy described in paragraph (a) of this section. A recipient may meet the requirement of this paragraph either by including appropriate inserts in existing materials and publications or by revising and reprinting the materials and publications.

    § 40.8 Remedial action, voluntary action, and self-evaluation.

    (a) Remedial action. (1) If the Secretary finds that a recipient has discriminated against individuals on the basis of disability in violation of section 504 or this part, the recipient shall take such remedial action as the Secretary deems necessary to overcome the effects of the discrimination.

    (2) Where a recipient is found to have discriminated against individuals on the basis of disability in violation of section 504 or this part and where another recipient exercises control over the recipient that has discriminated, the Secretary, where appropriate, may require either or both recipients to take remedial action.

    (3) The Secretary may, where necessary to overcome the effects of discrimination in violation of section 504 or this part, require a recipient to take remedial action:

    (i) With respect to individuals with disabilities who are no longer participants in the recipient's program or activity but who were participants in the program when such discrimination occurred;

    (ii) With respect to individuals with disabilities who would have been participants in the program or activity had the discrimination not occurred, or;

    (iii) With respect to individuals with disabilities presently in the program or activity, but not receiving full benefits or equal and integrated treatment within the program.

    (b) Voluntary action. A recipient may take steps, in addition to any action that is required by this part, to increase the participation of qualified individuals with disabilities in the recipient's program or activity.

    (c) Self-evaluation. (1) A recipient shall, within one year of the effective date of this part:

    (i) Evaluate, with the assistance of interested persons, including individuals with disabilities or organizations representing individuals with disabilities, its current policies and practices and the effects thereof that do not or may not meet the requirements of this part.

    (ii) Modify, after consultation with interested persons, including individuals with disabilities or organizations representing individuals with disabilities, any policies and practices that do not meet the requirements of this part; and

    (iii) Take, after consultation with interested persons, including individuals with disabilities or organizations representing individuals with disabilities, appropriate remedial steps to eliminate the effects of any discrimination that resulted in adherence to these policies and practices.

    (2) A recipient employing fifty or more persons shall, for at least three years following completion of the evaluation required under paragraph (c)(1) of this section, maintain on file, make available for public inspection, and provide to the Secretary upon request:

    (i) A list of the interested persons consulted,

    (ii) A description of areas examined and any problems identified, and

    (iii) A description of any modifications made and of any remedial steps taken.

    § 40.9 Effect of state or local law or other requirements.

    The obligation to comply with this part is not obviated or alleviated by the existence of any state or local law or other requirement that, on the basis of disability, imposes prohibitions or limits upon the eligibility of qualified individuals with disabilities to receive services or to participate in any program or activity.

    § 40.10 Effect of compliance with regulations of other Federal agencies.

    A recipient that has designated a responsible official and established a grievance procedure, provided notice, completed a self-evaluation, or prepared a transition plan in the course of complying with regulations issued by other Federal agencies under section 504 or title II of the Americans with Disabilities Act will be in compliance with §§ 40.6, 40.7, 40.8(c), or 40.203(f), respectively, if all requirements of those sections have been met in regard to programs or activities assisted by this Department.

    Subpart B—Employment Practices
    § 40.101 Applicability.

    This part applies to all programs or activities that receive Federal financial assistance provided by the Department.

    § 40.102 Discrimination prohibited.

    (a) General. No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any program or activity to which this part applies.

    (b) Employment discrimination standards. The standards used to determine whether paragraph (a) of this section has been violated shall be the standards applied under Title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and, as such sections relate to employment, the provisions of sections 501 through 504 and 510 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204 and 12210), as amended by the ADA Amendments Act of 2008 (Pub L. 110-325), as such standards are implemented in the Equal Employment Opportunity Commission's regulation at 29 CFR pt. 1630, as amended. The procedures to be used to determine whether paragraph (a) of this section has been violated shall be the procedures set forth in Subpart D of this part.

    Subpart C—Program Accessibility
    § 40.201 Applicability.

    This subpart applies to all programs or activities that receive Federal financial assistance provided by the Department after the effective date of this part.

    § 40.202 Discrimination prohibited.

    Recipients shall ensure that no qualified individuals with disabilities are denied the benefits of, excluded from participation in, or otherwise subjected to discrimination under any program or activity receiving assistance from this Department because a recipient's facilities are inaccessible to or unusable by individuals with disabilities.

    § 40.203 Existing facilities.

    (a) Accessibility. A recipient shall operate each service, program or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. This paragraph does not—

    (1) Necessarily require a recipient to make each of its existing facilities or every part of an existing facility accessible to and usable by qualified individuals with disabilities;

    (2) Require a recipient to take any action that would threaten or destroy the historically significant features of an historic property; or

    (3) Require a recipient to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. In those circumstances where personnel of the recipient believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a recipient has the burden of proving that compliance with § 40.203(a) of this part would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the director of the recipient entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, a recipient shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits or services provided by the recipient.

    (b) Methods.

    (1) A recipient may comply with the requirements of paragraph (a) of this section through such means as redesign of equipment, reassignment of classes or other services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities in conformance with the requirements of § 40.204, use of accessible rolling stock or other conveyances, or any other methods that result in making its services, programs or activities readily accessible to and usable by qualified individuals with a disabilities. A recipient is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with paragraph (a) of this section. A recipient, in making alterations to existing buildings, shall meet the accessibility requirements of § 40.204. In choosing among available methods for meeting the requirements of paragraph (a) of this section, a recipient shall give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate.

    (2) Safe harbor. For the purposes of complying with this section, elements that have not been altered in existing facilities on or after [Effective date of the final rule], and that comply with the corresponding technical and scoping specifications for those elements in the Uniform Federal Accessibility Standards (UFAS), Appendix A to 41 CFR part 101-19.6, 49 FR 31528, app. A (Aug. 7, 1984) are not required to be modified to be brought into compliance with the requirements set forth in the 2010 Standards.

    (c) Small providers. If a recipient with fewer than fifteen employees finds, after consultation with an individual with a disability seeking its services, that there is no method of complying with paragraph (a) of this section other than by making a significant alteration in its existing facilities, the recipient may, as an alternative, refer the individual with a disability to other providers of those services that are accessible at an equivalent cost to the beneficiary.

    (d) Historic preservation programs. In meeting the requirements of § 40.203(a) in historic preservation programs, a recipient shall give priority to methods that provide physical access to individuals with disabilities. In cases where a physical alteration to a historic property is not required because of paragraph (a)(2) or (a)(3) of this section, alternative methods of achieving program accessibility include—

    (1) Using audio-visual materials and devices to depict those portions of a historic property that cannot otherwise be made accessible;

    (2) Assigning persons to guide individuals with disabilities into or through portions of historic properties that cannot otherwise be made accessible; or

    (3) Adopting other innovative methods.

    (e) Time period. A recipient shall comply with the requirements of paragraph (a) of this section within ninety days of the effective date of this part except that, where structural changes in facilities are necessary, such changes shall be made as expeditiously as possible and no later than within three years of the effective date of this part.

    (f) Transition plan. In the event that structural changes to facilities are necessary to meet the requirement of paragraph (a) of this section, a recipient shall develop, within six months of the effective date of this part, a transition plan setting forth the steps necessary to complete such changes. The plan shall be developed with the assistance of interested persons, including individuals with disabilities or organizations representing individuals with disabilities. A copy of the transition plan shall be made available for public inspection. The plan shall, at a minimum:

    (1) Identify physical obstacles in the recipient's facilities that limit the accessibility of its program or activity to individuals with disabilities;

    (2) Describe in detail the methods that will be used to make the facilities accessible;

    (3) Specify the schedule for taking the steps necessary to achieve full accessibility under paragraph (a) of this section and if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and

    (4) Identify the person responsible for implementation of the plan.

    (g) Notice of location of accessible facilities.

    (1) General. The recipient shall adopt and implement procedures to ensure that interested persons with disabilities, including persons with an intellectual disability, a learning disability, a vision or hearing disability or other disabilities, can obtain information as to the existence and location of services, activities, and facilities that are accessible to and usable by individuals with disabilities.

    (2) Signs at primary entrances. The recipient shall provide signs at a primary entrance to each of its inaccessible facilities, directing users to an accessible facility or a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each accessible entrance of a facility.

    § 40.204 New construction and alterations.

    (a) Design and construction. Each new facility or part of a facility constructed by, on behalf of, or for the use of a recipient shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction is commenced after the effective date of this part.

    (b) Alteration. Each facility or part of a facility which is altered by, on behalf of, or for the use of a recipient after the effective date of this part in a manner that affects or could affect the usability of the facility or part of the facility shall to the maximum extent feasible be altered in such manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities.

    (c) Accessibility standards and compliance dates.

    (1) Applicable Accessibility Standard.

    (i) New construction and alterations on or after the compliance dates specified in paragraph (2) must comply with the 2010 Standards.

    (ii) New construction and alterations of buildings or facilities undertaken in compliance with the 2010 Standards shall comply with the scoping and technical requirements for a “public building or facility” in the 2010 Standards regardless of whether the recipient is a public or private entity.

    (iii) Departures from particular requirements of the Standards by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided.

    (2) Compliance Dates.

    (i) New construction and alterations by recipients that are private entities. New construction and alterations in which the last application for a building permit or permit extension for such construction or alterations is certified to be complete by a state, county, or local government (or, in those jurisdictions where the government does not certify completion of applications, if the date when the last application for a building permit or permit extension is received by the state, county, or local government) is on or after [DATE ONE YEAR AFTER PUBLICATION OF THE FINAL RULE IN THE Federal Register], or if no permit is required, if the start of physical construction or alterations occurs on or after [DATE ONE YEAR FROM THE PUBLICATION OF THE FINAL RULE IN THE Federal Register], then such new construction and alterations shall comply with the 2010 Standards as defined in paragraph (1) of this section.

    (ii) New construction and alterations by recipients that are public entities. If physical construction or alterations commence on or after [DATE ONE YEAR AFTER PUBLICATION OF THE FINAL RULE IN THE Federal Register], then such new construction and alterations shall comply with the 2010 Standards.

    (3) For the purposes of this section, ceremonial groundbreaking or razing of structures prior to site preparation will not be considered to commence or start physical construction or alterations.

    (4) Compliance with the Architectural Barriers Act of 1968. Nothing in this section or § 40.203 relieves recipients whose facilities are covered by the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), from their responsibility of complying with the requirements of that Act and any implementing regulations.

    (5) This section does not require recipients to make building alterations that have little likelihood of being accomplished without removing or altering a load-bearing structural member.

    Subpart D—Compliance, Investigations and Procedure for Effecting Compliance
    § 40.300 Compliance information.

    (a) Cooperation and assistance. The Secretary shall to the fullest extent practicable seek the cooperation of recipients in obtaining compliance with this part and shall provide assistance and guidance to recipients to help them comply voluntarily with this part.

    (b) Compliance reports. Each recipient shall keep such records and submit to the Secretary timely, complete, and accurate compliance reports at such times, and in such form and containing such information, as the Secretary may determine to be necessary to enable the Secretary to ascertain whether the recipient has complied or is complying with this part. In the case in which a primary recipient extends Federal financial assistance to any other recipient, such other recipient shall also submit such compliance reports to the primary recipient as may be necessary to enable the primary recipient to carry out its obligations under this part. In general, recipients should have available for the Secretary data showing the extent to which individuals with disabilities are beneficiaries of programs receiving Federal financial assistance.

    (c) Access to sources of information. Each recipient shall permit access by the Secretary, during normal business hours, to such of its books, records, accounts, and other sources of information and its facilities as may be pertinent to ascertain compliance with this part. Where any information required of a recipient is in the exclusive possession of any other agency, institution, or person and this agency, institution, or person fails or refuses to furnish this information, the recipient shall so certify in its report and shall set forth what efforts it has made to obtain the information.

    (d) Information to beneficiaries and participants. Each recipient shall make available to participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the program for which the recipient receives Federal financial assistance and make such information available to them in such manner as the Secretary finds necessary to apprise such persons of the protections against discrimination assured them by section 504 and this part.

    § 40.301 Conduct of investigations.

    (a) Periodic compliance reviews. The Secretary shall from time to time review the practices of recipients to determine whether they are complying with this part.

    (b) Complaints. Any person who believes that he or she, or any specific class of persons, has been subjected to discrimination prohibited by this part may by himself or herself, or by a representative, file with the Secretary a written complaint. A complaint must be filed not later than 180 days after the date of the alleged discrimination, unless the time for filing is extended by the Secretary.

    (c) Investigations. The Secretary will make a prompt investigation whenever a compliance review, report, complaint, or any other information indicates a possible failure to comply with this part. The investigation will include, where appropriate, a review of the pertinent practices and policies of the recipient, the circumstances under which the possible noncompliance with this part occurred, and other factors relevant to a determination as to whether the recipient has failed to comply with this part.

    (d) Resolution of matters.

    (1) If an investigation pursuant to paragraph (c) of this section indicates a failure to comply with this part, the Secretary will so inform the recipient and the matter will be resolved by informal means whenever possible. If it has been determined that the matter cannot be resolved by informal means, action will be taken as provided for in § 40.302.

    (2) If an investigation does not warrant action pursuant to paragraph (d)(1) of this section, the Secretary will so inform the recipient and the complainant, if any, in writing.

    (e) Intimidatory or retaliatory acts prohibited. No recipient or other person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by section 504 or this part, or because the individual has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this part. The identity of complainants shall be kept confidential except to the extent necessary to carry out the purposes of this part, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.

    § 40.302 Procedure for effecting compliance.

    (a) General. If there appears to be a failure or threatened failure to comply with this part, and if the noncompliance or threatened noncompliance cannot be corrected by informal means, compliance with this part may be effected by the suspension or termination of or refusal to grant or to continue Federal financial assistance or by any other means authorized by law. Such other means may include, but are not limited to: (1) A referral to the Department of Justice with a recommendation that appropriate proceedings be brought to enforce any rights of the United States under any law of the United States, or any assurance or other contractual undertaking, and (2) Any applicable proceeding under state or local law.

    (b) Noncompliance with § 40.5. If an applicant fails or refuses to furnish an assurance required under § 40.5 or otherwise fails or refuses to comply with a requirement imposed by or pursuant to that section, Federal financial assistance may be refused in accordance with the procedures of paragraph (c) of this section. The Department shall not be required to provide assistance in such a case during the pendency of the administrative proceedings under such paragraph. However, the Department shall continue assistance during the pendency of such proceedings where such assistance is due and payable pursuant to an application approved prior to the effective date of this part.

    (c) Termination of or refusal to grant or to continue Federal financial assistance.

    (1) No order suspending, terminating, or refusing to grant or continue Federal financial assistance shall become effective until:

    (i) The Secretary has advised the applicant or recipient of the applicant's or recipient's failure to comply and has determined that compliance cannot be secured by voluntary means;

    (ii) There has been an express finding on the record, after opportunity for hearing, of a failure by the applicant or recipient to comply with a requirement imposed by or pursuant to this part;

    (iii) The action has been approved by the Secretary pursuant to § 40.401(e); and

    (iv) The expiration of 30 days after the Secretary has filed with the committee of the House and the committee of the Senate having legislative jurisdiction over the program involved, a full written report of the circumstances and the grounds for such action.

    (2) Any action to suspend or terminate or to refuse to grant or to continue Federal financial assistance shall be limited to the particular political entity, or part thereof, or other applicant or recipient as to whom such a finding has been made and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found.

    (d) Other means authorized by law. No action to effect compliance with section 504 by any other means authorized by law shall be taken by the Department until:

    (1) The Secretary has determined that compliance cannot be secured by voluntary means;

    (2) The recipient or other person has been notified of its failure to comply and of the action to be taken to effect compliance; and

    (3) The expiration of at least 10 days from the mailing of such notice to the recipient or other person. During this period of at least 10 days, additional efforts shall be made to persuade the recipient or other person to comply with the regulation and to take such corrective action as may be appropriate.

    Subpart E—Hearings and Decisions and Notices
    § 40.400 Hearings.

    (a) Opportunity for hearing. Whenever an opportunity for a hearing is required by § 40.302(c), reasonable notice shall be given by registered or certified mail, return receipt requested, to the affected applicant or recipient. This notice shall advise the applicant or recipient of the action proposed to be taken, the specific provision under which the proposed action against it is to be taken, and the matters of fact or law asserted as the basis for this action, and either:

    (1) Fix a date not less than 20 days after the date of such notice within which the applicant or recipient may request of the Secretary that the matter be scheduled for hearing; or

    (2) Advise the applicant or recipient that the matter in question has been set down for hearing at a stated place and time. The time and place so fixed shall be reasonable and shall be subject to change for cause. The complainant, if any, shall be advised of the time and place of the hearing. An applicant or recipient may waive a hearing and submit written information and argument for the record. The failure of an applicant or recipient to request a hearing under this paragraph or to appear at a hearing for which a date has been set shall be deemed to be a waiver of the right to a hearing under § 40.301(c) and consent to the making of a decision on the basis of such information as is available.

    (b) Time and place of hearing. Hearings shall be held at the offices of the Department component administering the program, at a time fixed by the Secretary, unless he or she determines that the convenience of the applicant or recipient or of the Department requires that another place be selected. Hearings shall be held before the Secretary, or at the Secretary's discretion, before a hearing examiner appointed in accordance with section 3105 of title 5, United States Code, or detailed under section 3344 of title 5, United States Code.

    (c) Right to counsel. In all proceedings under this section, the applicant or recipient and the Department shall have the right to be represented by counsel.

    (d) Procedures, evidence, and record. (1) The hearing, decision, and any administrative review thereof shall be conducted in conformity with sections 554 through 557 of title 5, United States Code, and in accordance with such rules of procedure as are proper (and not inconsistent with this section) relating to the conduct of the hearing, giving of notices subsequent to those provided for in paragraph (a) of this section, taking of testimony, exhibits, arguments and briefs, requests for findings, and other related matters. Both the Secretary and the applicant or recipient shall be entitled to introduce all relevant evidence on the issues as stated in the notice for hearing or as determined by the officer conducting the hearing at the outset of or during the hearing.

    (2) Technical rules of evidence do not apply to hearings conducted pursuant to this part, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied where determined reasonably necessary by the officer conducting the hearing. The hearing officer may exclude irrelevant, immaterial, or unduly repetitious evidence. All documents and other evidence offered or taken for the record shall be open to examination by the parties and opportunity shall be given to refute facts and arguments advanced on either side of the issues. A transcript shall be made of the oral evidence except to the extent the substance thereof is stipulated for the record. All decisions shall be based upon the hearing record and written findings shall be made.

    (e) Consolidated or joint hearings. In cases in which the same or related facts are asserted to constitute noncompliance with this part with respect to two or more Federal statutes, authorities, or other means by which Federal financial assistance is extended and to which this part applies, or noncompliance with this part and the regulations of one or more other Federal departments or agencies issued under section 504, the Secretary may, by agreement with such other departments or agencies, where applicable, provide for the conduct of consolidated or joint hearings, and for the application to such hearings of rules or procedures not inconsistent with this part. Final decisions in such cases, insofar as this regulation is concerned, shall be made in accordance with § 40.401.

    § 40.401 Decisions and notices.

    (a) Procedure on decisions by hearing examiner. If the hearing is held by a hearing examiner, the hearing examiner shall either make an initial decision, if so authorized, or certify the entire record including his recommended findings and proposed decision to the Secretary for a final decision, and a copy of such initial decision or certification shall be mailed to the applicant or recipient. Where the initial decision is made by the hearing examiner the applicant or recipient may, within 30 days after the mailing of such notice of initial decision, file with the Secretary the applicant's or recipient's exceptions to the initial decision, with the reasons therefore. In the absence of exceptions, the Secretary may, on his or her own motion, within 45 days after the initial decision, serve on the applicant or recipient a notice that he or she will review the decision. Upon the filing of such exceptions or of notice of review, the Secretary shall review the initial decision and issue his or her own decision thereon including the reasons therefore. In the absence of either exceptions or a notice of review, the initial decision shall, subject to paragraph (e) of this section, constitute the final decision of the Secretary.

    (b) Decisions on record or review by the Secretary. Whenever a record is certified to the Secretary for decision or he or she reviews the decision of a hearing examiner pursuant to paragraph (a) of this section, or whenever the Secretary conducts the hearing, the applicant or recipient shall be given reasonable opportunity to file with the Secretary briefs or other written statements of its contentions, and a written copy of the final decision of the Secretary shall be sent to the applicant or recipient and to the complainant, if any.

    (c) Decisions on record where a hearing is waived. Whenever a hearing is waived pursuant to § 40.400, a decision shall be made by the Secretary on the record and a written copy of such decision shall be sent to the applicant or recipient, and to the complainant, if any.

    (d) Rulings required. Each decision of a hearing examiner or the Secretary shall set forth his or her ruling on each finding, conclusion, or exception presented, and shall identify the requirement or requirements imposed by or pursuant to this part with which it is found that the applicant or recipient has failed to comply.

    (e) Approval by the Secretary. Any final decision by an official of the Department, other than the Secretary personally, which provides for the suspension or termination of, or the refusal to grant or continue Federal financial assistance, or the imposition of any other sanction available under this part or section 504, shall promptly be transmitted to the Secretary personally, who may approve such decision, may vacate it, or remit or mitigate any sanction imposed.

    (f) Content of orders. The final decision may provide for suspension or termination of, or refusal to grant or continue Federal financial assistance, in whole or in part, to which this regulation applies, and may contain such terms, conditions, and other provisions as are consistent with and will effectuate the purposes of section 504 and this part, including provisions designed to assure that no Federal financial assistance to which this regulation applies will thereafter be extended to the applicant or recipient determined by such decision to be in default in its performance of an assurance given by it pursuant to this part, or to have otherwise failed to comply with this part, unless and until it corrects its noncompliance and satisfies the Secretary that it will fully comply with this part.

    (g) Post termination proceedings. (1) An applicant or recipient adversely affected by an order issued under paragraph (f) of this section shall be restored to full eligibility to receive Federal financial assistance if it satisfies the terms and conditions of that order for such eligibility or if it brings itself into compliance with this part and provides reasonable assurance that it will fully comply with this part.

    (2) Any applicant or recipient adversely affected by an order entered pursuant to paragraph (f) of this section may at any time request the Secretary to restore fully its eligibility to receive Federal financial assistance. Any such request shall be supported by information showing that the applicant or recipient has met the requirements of paragraph (g)(1) of this section. If the Secretary determines that those requirements have been satisfied, he or she shall restore such eligibility.

    (3) If the Secretary denies any such request, the applicant or recipient may submit a request for a hearing in writing, specifying why it believes such official to have been in error. It shall thereupon be given an expeditious hearing, with a decision on the record in accordance with rules or procedures issued by the Secretary. The applicant or recipient will be restored to such eligibility if it proves at such a hearing that it satisfied the requirements of paragraph (g)(1) of this section. While proceedings under this paragraph are pending, the sanctions imposed by the order issued under paragraph (f) of this section shall remain in effect.

    Kody Kinsley, Assistant Secretary for Management.
    [FR Doc. 2016-31236 Filed 12-30-16; 8:45 am] BILLING CODE 4810-25-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 721 [EPA-HQ-OPPT-2015-0810; FRL-9955-71] Significant New Use Rule on Certain Chemical Substances; Reopening of Comment Period AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule; reopening of comment period.

    SUMMARY:

    EPA issued a proposed rule in the Federal Register of October 27, 2016 proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for three chemical substances which were the subject of premanufacture notices (PMNs). This document reopens the comment period for 60 days. A commenter requested additional time to submit written comments for the proposed rule. EPA believes that the request is reasonable and is therefore reopening the comment period in order to give all interested persons the opportunity to comment fully

    DATES:

    Comments on the proposed rule published in the Federal Register of October 27, 2016 (81 FR 74755), identified by docket identification (ID) number EPA-HQ-OPPT-2015-0810, must be received on or before March 6, 2017.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2015-0810, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Kenneth Moss, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-9232; email address: [email protected]

    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    This document reopens the public comment period established in the Federal Register document of October 27, 2016. In that document, EPA proposed SNURs under the TSCA for three chemical substances which were the subject of PMNs. EPA is hereby reopening the comment period for 60 days.

    To submit comments, or access the docket, please follow the detailed instructions provided under ADDRESSES. If you have questions, consult the technical person listed under FOR FURTHER INFORMATION CONTACT.

    Authority:

    15 U.S.C. 2604, 2607, and 2625(c).

    Dated: December 5, 2016. Maria J. Doa, Director, Chemical Control Division, Office of Pollution Prevention and Toxics.
    [FR Doc. 2016-29755 Filed 12-30-16; 8:45 am] BILLING CODE 6560-50-P
    82 1 Tuesday, January 3, 2017 Notices DEPARTMENT OF COMMERCE International Trade Administration [A-570-831] Fresh Garlic From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2015-2016 AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    The Department of Commerce (the Department) is initiating a new shipper review (NSR) with respect to Zhengzhou Yudi Shengjin Agricultural Trade Co. Ltd. (“Zhengzhou Yudi”) in the context of the antidumping duty order on Fresh Garlic from the People's Republic of China (PRC). The period of review (POR) is November 1, 2015, through October 31, 2016.

    DATES:

    Effective January 3, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Chien-Min Yang, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5484.

    SUPPLEMENTARY INFORMATION:

    Background

    The Department published the antidumping duty order on fresh garlic from the PRC in the Federal Register on November 16, 1994.1 On November 15, 2016, the Department received a timely request for a NSR from Zhengzhou Yudi.2 Zhengzhou Yudi certified that it is the exporter and producer of the fresh garlic upon which the request for a NSR is based.3 Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Zhengzhou Yudi certified that it did not export fresh garlic for sale to the United States during the period of investigation (POI).4 Moreover, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Zhengzhou Yudi certified that, since the investigation was initiated, it never has been affiliated with any exporter or producer who exported the subject merchandise to the United States during the POI, including those not individually examined during the investigation.5 Further, as required by 19 CFR 351.214(b)(2)(iii)(B), it certified that its export activities are not controlled by the central government of the PRC.6 Zhengzhou Yudi also certified it had no shipments of subject merchandise subsequent to the POR.7

    1See Antidumping Duty Order: Fresh Garlic from the People's Republic of China, 59 FR 59209 (November 16, 1994).

    2See Zhengzhou Yudi's request for a NSR dated November 15, 2016.

    3Id. at 1 and at Exhibit 1.

    4Id. at Exhibit 1.

    5Id.

    6Id.

    7Id. at page 3-4.

    In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Zhengzhou Yudi submitted documentation establishing the following: (1) The date of its first sale to an unaffiliated customer in the United States; (2) the date on which the fresh garlic was first entered; and (3) the volume of that shipment.8

    8Id. at Exhibit 2.

    The Department queried the database of U.S. Customs and Border Protection (CBP) in an attempt to confirm that the shipment reported by Zhengzhou Yudi had entered the United States for consumption and that liquidation had been properly suspended for antidumping duties. The information which the Department examined was consistent with that provided by Zhengzhou Yudi in its request.9

    9See Memorandum to the File from Chien-Min Yang, “New Shipper Review of the Antidumping Duty Order on Fresh Garlic from the People's Republic of China: Customs Entries from November 1, 2015, to October 31, 2016,” dated December 16, 2016.

    Period of Review

    Pursuant to 19 CFR 351.214(c), an exporter or producer may request a NSR within one year of the date on which its subject merchandise was first entered. Moreover, 19 CFR 351.214(d)(1) states that if the request for the review is made during the twelve-month period ending with the end of the anniversary month, the Secretary will initiate a NSR in the calendar month immediately following the anniversary month. Further, 19 CFR 315.214(g)(1)(i)(A) states that if the NSR was initiated in the month immediately following the anniversary month, the POR will be twelve-month period immediately preceding the anniversary month. Zhengzhou Yudi made the request for a NSR, that included all documents and information required by the statute and regulations, within one year of the date on which its fresh garlic first entered. Its request was filed in November, which is the anniversary month of the order. Therefore, the POR is November 1, 2015, through October 31, 2016.10

    10See 19 CFR 351.214(g)(1)(i)(A).

    Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), and the information on the record, the Department finds that Zhengzhou Yudi's request meets the threshold requirements for initiation of a NSR for shipments of fresh garlic from the PRC produced and exported by Zhengzhou Yudi, and, therefore, is initiating a NSR of Zhengzhou Yudi. Absent a determination that the new shipper review is extraordinarily complicated, the Department intends to issue the preliminary results within 180 days after the date on which this review is initiated and the final results within 90 days after the date on which we issue the preliminary results.11 If the information supplied by Zhengzhou Yudi is found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review for Zhengzhou Yudi or apply facts available pursuant to section 776 of the Act, depending on the facts on the record.

    11See section 751(a)(2)(B)(iv) of the Act.

    It is the Department's usual practice in cases involving non-market economies to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate (i.e., a separate rate) provide evidence of de jure and de facto absence of government control over the company's export activities.12 Accordingly, the Department will issue questionnaires to Zhengzhou Yudi, which will include a section requesting information with regard to its export activities for the purpose of establishing its eligibility for a separate rate. The review will proceed if the responses provide sufficient indication that Zhengzhou Yudi is not subject to either de jure or de facto government control with respect to its exports of fresh garlic from the PRC.

    12See Import Administration Policy Bulletin, Number: 05.1. (http://ia.ita.doc.gov/policy/bull05-1.pdf).

    On February 24, 2016, the President signed into law the “Trade Facilitation and Trade Enforcement Act of 2015,” H.R. 644, which made several amendments to section 751(a)(2)(B) of the Act. We will conduct this new shipper review in accordance with section 751(a)(2)(B) of the Act, as amended by the Trade Facilitation and Trade Enforcement Act of 2015.13

    13 The Trade Facilitation and Trade Enforcement Act of 2015 removed from section 751(a)(2)(B) of the Act the provision directing the Department to instruct Customs and Border Protection to allow an importer the option of posting a bond or security in lieu of a cash deposit during the pendency of a new shipper review.

    Interested parties requiring access to proprietary information in this proceeding should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306.

    This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: December 27, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2016-31794 Filed 12-30-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-009] Calcium Hypochlorite From the People's Republic of China: Preliminary Intent To Rescind the New Shipper Review of Haixing Jingmei Chemical Products Sales Co., Ltd. AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    In response to a November 20, 2015, request from Haixing Jingmei Chemical Products Sales Co., Ltd. (“Jingmei”), and the producer of its merchandise, Haixing Eno Chemical Co., Ltd. (“Eno”), the Department of Commerce (“Department”) is conducting a new shipper review of Jingmei, regarding the countervailing duty order on calcium hypochlorite from the People's Republic of China (“PRC”). The period of review (“POR”) is May 27, 2014, through December 31, 2015. The Department preliminarily determines to rescind this review because we requested but were not provided sufficient information to determine whether, and conclude that, Jingmei's sale of subject merchandise to the United States was bona fide. Interested parties are invited to comment on this preliminary intent to rescind.

    DATES:

    Effective January 3, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Elizabeth Lobaugh, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-7425.

    SUPPLEMENTARY INFORMATION:

    Background

    On March 4, 2016, the Department published notice of initiation of a new shipper review of calcium hypochlorite from the PRC for the period May 27, 2014, through December 31, 2015.1 On July 12, 2016, the Department extended the deadline for the preliminary results to December 27, 2016.2

    1See Calcium Hypochlorite from the People's Republic of China: Initiation of Countervailing Duty New Shipper Review; 2014-2015, 81 FR 11516 (March 4, 2016) (“Initiation”).

    2See Memorandum to the File through James C. Doyle, Director, Office V, to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations “Extension of Deadline for Preliminary Results of Countervailing Duty New Shipper Review; 2014-2015” (November 5, 2015).

    Scope of the Order

    The merchandise covered by the Order is calcium hypochlorite, regardless of form (e.g., powder, tablet (compressed), crystalline (granular), or in liquid solution), whether or not blended with other materials, containing at least 10% available chlorine measured by actual weight. Calcium hypochlorite is currently classifiable under the subheading 2828.10.0000 of the Harmonized Tariff Schedule of the United States.3

    3See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations “Decision Memorandum for the Preliminary Results of the Countervailing Duty New Shipper Review of Calcium Hypochlorite from the People's Republic of China: Haixing Jingmei Chemical Products Sales Co., Ltd.” dated concurrently with and hereby adopted by this notice (“Preliminary Decision Memorandum”) for a complete description of the Scope of the Order.

    Methodology

    The Department is conducting this review in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (“the Act”) and 19 CFR 351.214. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.

    The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”). ACCESS is available to registered users at http://access.trade.gov and in the Department's Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content.

    Preliminary Intent To Rescind Jingmei New Shipper Review

    Section 751(a)(2)(B)(iv) of the Act requires that a countervailing duty rate determined in a new shipper review be determined based solely on bona fide sales. For the reasons detailed in the Preliminary Decision Memorandum and the Bona Fide Sales Analysis Memorandum,4 the Department preliminarily finds that, as a result of Jingmei's customers' failure to provide necessary information, we cannot determine whether, and conclude that, Jingmei's sale under review is bona fide. As a result, the Department preliminarily intends to rescind the new shipper review of Jingmei.

    4See Memorandum to James Doyle, Director, Office V, Antidumping and Countervailing Duty Operations, through Catherine Bertrand, Program Manager, Office V, Antidumping and Countervailing Duty Operations, from Elizabeth Lobaugh, International Trade Analyst, titled “Bona Fide Nature of the Sale in the Countervailing Duty New Shipper Review of Calcium Hypochlorite from the People's Republic of China: Haixing Jingmei Chemical Products Sales Co., Ltd.” dated concurrently with this notice.

    Public Comment

    Interested parties may submit written comments by no later than 30 days after the date of publication of these preliminary results of review.5 Rebuttals, limited to issues raised in the written comments, may be filed by no later than five days after the written comments are filed.6

    5See 19 CFR 351.309(c).

    6See 19 CFR 351.309(d).

    Any interested party may request a hearing within 30 days of publication of this notice.7 Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.8

    7See 19 CFR 351.310(c).

    8See 19 CFR 351.310(d).

    The Department intends to issue the final results of this new shipper review, which will include the results of its analysis of issues raised in any such comments, not later than 90 days after the date these preliminary results of new shipper review are issued, pursuant to section 751(a)(2)(B)(iii)) of the Act.

    Assessment Rates

    Upon completion of the final results, pursuant to 19 CFR 351.212(b), the Department will determine, and the U.S. Customs and Border Protection (“CBP”) shall assess, countervailing duties on all appropriate entries. If we proceed to a final rescission of the new shipper review, the assessment rate to which Jingmei's entries will be subject will not be affected by this review. If we do not proceed to a final rescission of the new shipper review, pursuant to 19 CFR 351.212(b)(2), we will calculate a countervailing duty rate. We intend to instruct CBP to assess countervailing duties on all appropriate entries covered by this review if any countervailing duty rate calculated in the final results of this review is above de minimis.9

    9See 19 CFR 351.106(c)(2).

    Cash Deposit Requirements

    Effective upon publication of the final rescission or the final results of this new shipper review, we will instruct CBP to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise by Jingmei. If the Department proceeds to a final rescission of the new shipper review, the cash deposit rate will continue to be the all-others rate. If we issue final results of the new shipper review for Jingmei, we will instruct CBP to collect cash deposits, effective upon the publication of the final results, at the rates established therein.

    The Department is issuing and publishing these results in accordance with sections 751(a)(2)(B) and 777(i)(l) of the Act, and 19 CFR 351.214 and 19 CFR 351.221(b)(4).

    Dated: December 27, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Recommendation
    [FR Doc. 2016-31793 Filed 12-30-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (“Sunset”) Reviews AGENCY:

    Enforcement and Compliance, International Trade Administration, Commerce.

    SUMMARY:

    In accordance with section 751(c) of the Tariff Act of 1930, as amended (“the Act”), the Department of Commerce (“the Department”) is automatically initiating the five-year reviews (“Sunset Reviews”) of the antidumping and countervailing duty (“AD/CVD”) order(s) listed below. The International Trade Commission (“the Commission”) is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same order(s).

    DATES:

    Effective January 1, 2017.

    FOR FURTHER INFORMATION CONTACT:

    The Department official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205-3193.

    SUPPLEMENTARY INFORMATION:

    Background

    The Department's procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting Five-Year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department's conduct of Sunset Reviews is set forth in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012).

    Initiation of Review

    In accordance with 19 CFR 351.218(c), we are initiating Sunset Reviews of the following antidumping and countervailing duty order(s):

    EN03JA17.017 Filing Information

    As a courtesy, we are making information related to sunset proceedings, including copies of the pertinent statute and Department's regulations, the Department's schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the public on the Department's Web site at the following address: “http://enforcement.trade.gov/sunset/.” All submissions in these Sunset Reviews must be filed in accordance with the Department's regulations regarding format, translation, and service of documents. These rules, including electronic filing requirements via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”), can be found at 19 CFR 351.303.1

    1See also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011).

    This notice serves as a reminder that any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information.2 Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives in these segments.3 The formats for the revised certifications are provided at the end of the Final Rule. The Department intends to reject factual submissions if the submitting party does not comply with the revised certification requirements.

    2See section 782(b) of the Act.

    3See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (“Final Rule”) (amending 19 CFR 351.303(g)).

    On April 10, 2013, the Department modified two regulations related to AD/CVD proceedings: The definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301).4 Parties are advised to review the final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in these segments. To the extent that other regulations govern the submission of factual information in a segment (such as 19 CFR 351.218), these time limits will continue to be applied. Parties are also advised to review the final rule concerning the extension of time limits for submissions in AD/CVD proceedings, available at http://enforcement.trade.gov/frn/2013/1309frn/2013-22853.txt, prior to submitting factual information in these segments.5

    4See Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013).

    5See Extension of Time Limits, 78 FR 57790 (September 20, 2013).

    Letters of Appearance and Administrative Protective Orders

    Pursuant to 19 CFR 351.103(d), the Department will maintain and make available a public service list for these proceedings. Parties wishing to participate in any of these five-year reviews must file letters of appearance as discussed at 19 CFR 351.103(d). To facilitate the timely preparation of the public service list, it is requested that those seeking recognition as interested parties to a proceeding submit an entry of appearance within 10 days of the publication of the Notice of Initiation.

    Because deadlines in Sunset Reviews can be very short, we urge interested parties who want access to proprietary information under administrative protective order (“APO”) to file an APO application immediately following publication in the Federal Register of this notice of initiation. The Department's regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304-306.

    Information Required from Interested Parties

    Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department's regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, the Department will automatically revoke the order without further review.6

    6See 19 CFR 351.218(d)(1)(iii).

    If we receive an order-specific notice of intent to participate from a domestic interested party, the Department's regulations provide that all parties wishing to participate in a Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department's information requirements are distinct from the Commission's information requirements. Consult the Department's regulations for information regarding the Department's conduct of Sunset Reviews. Consult the Department's regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department.

    This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c).

    Dated: December 27, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2016-31844 Filed 12-30-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Institute of Standards and Technology Request for Nominations for Members To Serve on National Institute of Standards and Technology Federal Advisory Committees AGENCY:

    National Institute of Standards and Technology, Department of Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The National Institute of Standards and Technology (NIST) invites and requests nomination of individuals for appointment to nine existing Federal Advisory Committees: Board of Overseers of the Malcolm Baldrige National Quality Award, Judges Panel of the Malcolm Baldrige National Quality Award, Information Security and Privacy Advisory Board, Manufacturing Extension Partnership Advisory Board, National Construction Safety Team Advisory Committee, Advisory Committee on Earthquake Hazards Reduction, National Advisory Committee on Windstorm Impact Reduction, NIST Smart Grid Advisory Committee, and Visiting Committee on Advanced Technology. NIST will consider nominations received in response to this notice for appointment to the Committees, in addition to nominations already received. Registered Federal lobbyists may not serve on NIST Federal Advisory Committees.

    DATES:

    Nominations for all committees will be accepted on an ongoing basis and will be considered as and when vacancies arise.

    ADDRESSES:

    Please submit nominations to Robert Fangmeyer, Director, Baldrige Performance Excellence Program, NIST, 100 Bureau Drive, Mail Stop 1020, Gaithersburg, MD 20899-1020. Nominations may also be submitted via fax to 301-975-4967. Additional information regarding the Committee, including its charter, current membership list, and executive summary, may be found at http://www.nist.gov/baldrige/community/overseers.cfm.

    FOR FURTHER INFORMATION CONTACT:

    Robert Fangmeyer, Director, Baldrige Performance Excellence Program and Designated Federal Officer, NIST, 100 Bureau Drive, Mail Stop 1020, Gaithersburg, MD 20899-1020; telephone 301-975-4781; fax 301-975-4967; or via email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Board of Overseers of the Malcolm Baldrige National Quality Award Committee Information

    The Board of Overseers of the Malcolm Baldrige National Quality Award (Board) was established in accordance with 15 U.S.C. 3711a(d)(2)(B), pursuant to the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    Objectives and Duties

    1. The Board shall review the work of the private sector contractor(s), which assists the Director of NIST in administering the Malcolm Baldrige National Quality Award (Award). The Board will make such suggestions for the improvement of the Award process as it deems necessary.

    2. The Board shall make an annual report on the results of Award activities to the Director of NIST, along with its recommendations for the improvement of the Award process.

    3. The Board will function solely as an advisory committee under the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    4. The Board will report to the Director of NIST.

    Membership

    1. The Board will consist of approximately 12 members selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance, and for their preeminence in the field of organizational performance excellence. There will be a balanced representation from U.S. service, manufacturing, nonprofit, education, and health care industries. The Board will include members familiar with the quality improvement operations and competitiveness issues of manufacturing companies, service companies, small businesses, health care providers, and educational institutions. Members will also be chosen who have broad experience in for-profit and nonprofit areas.

    2. Board members will be appointed by the Secretary of Commerce for three-year terms and will serve at the discretion of the Secretary. All terms will commence on March 1 and end on February 28 of the appropriate years.

    Miscellaneous

    1. Members of the Board shall serve without compensation, but may, upon request, be reimbursed travel expenses, including per diem, as authorized by 5 U.S.C. 5701 et seq.

    2. The Board will meet annually, except that additional meetings may be called as deemed necessary by the NIST Director or by the Chairperson. Meetings are usually one day in duration. Historically, the Board has met twice per year.

    3. Board meetings are open to the public. Board members do not have access to classified or proprietary information in connection with their Board duties.

    Nomination Information

    1. Nominations are sought from the private and public sector as described above.

    2. Nominees should have established records of distinguished service and shall be familiar with the quality improvement operations and competitiveness issues of manufacturing companies, service companies, small businesses, educational institutions, health care providers, and nonprofit organizations. The category (field of eminence) for which the candidate is qualified should be specified in the nomination letter. Nominations for a particular category should come from organizations or individuals within that category. A summary of the candidate's qualifications should be included with the nomination, including (where applicable) current or former service on Federal advisory boards and Federal employment. In addition, each nomination letter should state that the person agrees to the nomination, acknowledges the responsibilities of serving on the Board, and will actively participate in good faith in the tasks of the Board. Besides participation at meetings, it is desired that members be able to devote the equivalent of seven days between meetings to either developing or researching topics of potential interest, and so forth, in furtherance of their Board duties.

    3. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad-based and diverse Board membership.

    Judges Panel of the Malcolm Baldrige National Quality Award

    Addresses: Please submit nominations to Robert Fangmeyer, Director, Baldrige Performance Excellence Program, NIST, 100 Bureau Drive Mail Stop 1020, Gaithersburg, MD 20899-1020. Nominations may also be submitted via fax to 301-975-4967. Additional information regarding the Committee, including its charter, current membership list, and executive summary, may be found at http://patapsco.nist.gov/BoardofExam/Examiners_Judge2.cfm.

    FOR FURTHER INFORMATION CONTACT:

    Robert Fangmeyer, Director, Baldrige Performance Excellence Program and Designated Federal Officer, NIST, 100 Bureau Drive, Mail Stop 1020, Gaithersburg, MD 20899-1020; telephone 301-975-4781; fax 301-975-4967; or via email at [email protected]

    Committee Information

    The Judges Panel of the Malcolm Baldrige National Quality Award (Panel) was established in accordance with 15 U.S.C. 3711a(d)(1) and the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    Objectives and Duties

    1. The Panel will ensure the integrity of the Malcolm Baldrige National Quality Award (Award) selection process. Based on a review of results of examiners' scoring of written applications, Panel members will vote on which applicants merit site visits by examiners to verify the accuracy of quality improvements claimed by applicants. The Panel will also review recommendations from site visits, and recommend Award recipients.

    2. The Panel will ensure that individual judges will not participate in the review of applicants as to which they have any potential conflict of interest.

    3. The Panel will function solely as an advisory body, and will comply with the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    4. The Panel will report to the Director of NIST.

    Membership

    1. The Panel will consist of approximately 9 and not more than 12, members selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance. There will be a balanced representation from U.S. service, manufacturing, nonprofit, education, and health care industries. The Panel will include members familiar with the quality improvement operations and competitiveness issues of manufacturing companies, service companies, small businesses, health care providers, and educational institutions. Members will also be chosen who have broad experience in for-profit and nonprofit areas.

    2. Panel members will be appointed by the Secretary of Commerce for three-year terms and will serve at the discretion of the Secretary. All terms will commence on March 1 and end on February 28 of the appropriate year.

    Miscellaneous

    1. Members of the Panel shall serve without compensation, but may, upon request, be reimbursed travel expenses, including per diem, as authorized by 5 U.S.C. 5701 et seq.

    2. The Panel will meet three times per year. Additional meetings may be called as deemed necessary by the NIST Director or by the Chairperson. Meetings are usually one to four days in duration. In addition, each Judge must attend an annual three-day Examiner training course.

    3. When approved by the Department of Commerce Chief Financial Officer and Assistant Secretary for Administration, Panel meetings are closed or partially closed to the public.

    Nomination Information

    1. Nominations are sought from all U.S. service and manufacturing industries, education, health care, and nonprofits as described above.

    2. Nominees should have established records of distinguished service and shall be familiar with the quality improvement operations and competitiveness issues of manufacturing companies, service companies, small businesses, health care providers, educational institutions, and nonprofit organizations. The category (field of eminence) for which the candidate is qualified should be specified in the nomination letter. Nominations for a particular category should come from organizations or individuals within that category. A summary of the candidate's qualifications should be included with the nomination, including (where applicable) current or former service on federal advisory boards and federal employment. In addition, each nomination letter should state that the person agrees to the nomination, acknowledges the responsibilities of serving on the Panel, and will actively participate in good faith in the tasks of the Panel. Besides participation at meetings, it is desired that members be either developing or researching topics of potential interest, reading Baldrige applications, and so forth, in furtherance of their Panel duties.

    3. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad-based and diverse Panel membership.

    Information Security and Privacy Advisory Board (ISPAB)

    Addresses: Please submit nominations to Matt Scholl, NIST, 100 Bureau Drive, Mail Stop 8930, Gaithersburg, MD 20899-8930. Nominations may also be submitted via fax to 301-975-8670, Attn: ISPAB Nominations. Additional information regarding the ISPAB, including its charter and current membership list, may be found on its electronic home page at http://csrc.nist.gov/groups/SMA/ispab/index.html.

    FOR FURTHER INFORMATION CONTACT:

    Matt Scholl, ISPAB Designated Federal Officer (DFO), NIST, 100 Bureau Drive, Mail Stop 8930, Gaithersburg, MD 20899-8930; telephone 301-975-2941; fax: 301-975-8670; or via email at [email protected]

    Committee Information

    The ISPAB (Committee or Board) was originally chartered as the Computer System Security and Privacy Advisory Board by the Department of Commerce pursuant to the Computer Security Act of 1987 (Pub. L. 100-235). The E-Government Act of 2002 (Pub. L. 107-347, Title III), amended Section 21 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-4), including changing the Committee's name, and the charter was amended accordingly.

    Objectives and Duties

    1. The Board will identify emerging managerial, technical, administrative, and physical safeguard issues relative to information security and privacy.

    2. The Board will advise NIST, the Secretary of Homeland Security, and the Director of the Office of Management and Budget (OMB) on information security and privacy issues pertaining to Federal Government information systems, including thorough review of proposed standards and guidelines developed by NIST.

    3. The Board shall report to the Director of NIST.

    4. The Board reports annually to the Secretary of Commerce, the Secretary of Homeland Security, the Director of OMB, the Director of the National Security Agency, and the appropriate committees of the Congress.

    5. The Board will function solely as an advisory body, in accordance with the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    Membership

    1. The Director of NIST will appoint the Chairperson and the members of the ISPAB, and members serve at the discretion of the NIST Director. Members will be selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance.

    2. The ISPAB will consist of a total of 12 members and a Chairperson.

    • The Board will include four members from outside the Federal Government who are eminent in the information technology industry, at least one of whom is representative of small or medium sized companies in such industries.

    • The Board will include four members from outside the Federal Government who are eminent in the fields of information technology, or related disciplines, but who are not employed by or representative of a producer of information technology.

    • The Board will include four members from the Federal Government who have information system management experience, including experience in information security and privacy, at least one of whom shall be from the National Security Agency.

    Miscellaneous

    1. Members of the Board, other than full-time employees of the Federal government, will not be compensated for their services, but will, upon request, be allowed travel expenses pursuant to 5 U.S.C. 5701 et seq., while otherwise performing duties at the request of the Board Chairperson, while away from their homes or a regular place of business.

    2. Meetings of the ISPAB are usually two to three days in duration and are usually held quarterly. ISPAB meetings are open to the public, including the press. Members do not have access to classified or proprietary information in connection with their ISPAB duties.

    Nomination Information

    1. Nominations are being accepted in all three categories described above.

    2. Nominees should have specific experience related to information security or privacy issues, particularly as they pertain to Federal information technology. Letters of nomination should include the category of membership for which the candidate is applying and a summary of the candidate's qualifications for that specific category. Also include (where applicable) current or former service on Federal advisory boards and any Federal employment. Each nomination letter should state that the person agrees to the nomination, acknowledges the responsibilities of serving on the ISPAB, and that they will actively participate in good faith in the tasks of the ISPAB.

    3. Besides participation at meetings, it is desired that members be able to devote a minimum of two days between meetings to developing draft issue papers, researching topics of potential interest, and so forth in furtherance of their ISPAB duties.

    4. Selection of ISPAB members will not be limited to individuals who are nominated. Nominations that are received and meet the requirements will be kept on file to be reviewed as ISPAB vacancies occur.

    5. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad-based and diverse ISPAB membership.

    Manufacturing Extension Partnership (MEP) Advisory Board

    Addresses: Please submit nominations to Ms. Cheryl Gendron, NIST, 100 Bureau Drive, Mail Stop 4800, Gaithersburg, MD 20899-4800. Nominations may also be submitted via fax to 301-963-6556, or via email at [email protected] Additional information regarding MEP, including its charter may be found on its electronic home page at http://www.nist.gov/mep/advisory-board.cfm.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Cheryl Gendron, NIST, 100 Bureau Drive, Mail Stop 4800, Gaithersburg, MD 20899-4800; telephone 301-975-4919, fax 301-963-6556; or via email at [email protected]

    Committee Information

    The MEP Advisory Board (Board) is authorized under Section 3003(d) of the America COMPETES Act (P.L. 110-69); codified at 15 U.S.C. 278k(e), as amended, in accordance with the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    Objectives and Duties

    1. The Board will provide advice on MEP programs, plans, and policies.

    2. The Board will assess the soundness of MEP plans and strategies.

    3. The Board will assess current performance against MEP program plans.

    4. The Board will function solely in an advisory capacity, and in accordance with the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    5. The Board shall transmit through the Director of NIST an annual report to the Secretary of the Department of Commerce for transmittal to Congress within 30 days after the submission to Congress of the President's annual budget request each year. The report shall address the status of the MEP program and comment on the relevant sections of the programmatic planning document and updates thereto transmitted to Congress by the Director under 15 U.S.C. 278i(c) and (d).

    Membership

    1. The Board shall consist of 10 members, broadly representative of stakeholders, appointed by the Director of NIST. At least 2 members shall be employed by or on an advisory board for the MEP Centers, and at least 5 other members shall be from U.S. small businesses in the manufacturing sector. No member shall be an employee of the Federal Government.

    2. The Director of NIST shall appoint the members of the Board. Members shall be selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance. Board members serve at the discretion of the Director of NIST.

    3. The term of office of each member of the Board shall be three years, except that vacancy appointments shall be for the remainder of the unexpired term of the vacancy. Any person who has completed two consecutive full terms of service on the Board shall thereafter be ineligible for appointment during the one-year period following the expiration of the second term.

    Miscellaneous

    1. Members of the Board will not be compensated for their services but will, upon request, be allowed travel and per diem expenses as authorized by 5 U.S.C. 5701 et seq., while attending meetings of the Board or subcommittees thereof, or while otherwise performing duties at the request of the Chair, while away from their homes or regular places of business.

    2. The Board will meet at least three times a year. Additional meetings may be called by the Director of NIST or the Designated Federal Officer (DFO) or his or her designee.

    3. Committee meetings are open to the public.

    Nomination Information

    1. Nominations are being accepted in all categories described above.

    2. Nominees should have specific experience related to manufacturing and industrial extension services. Letters of nomination should include the category of membership for which the candidate is applying and a summary of the candidate's qualifications for that specific category. Each nomination letter should state that the person agrees to the nomination and acknowledges the responsibilities of serving on the MEP Advisory Board.

    3. Selection of MEP Advisory Board members will not be limited to individuals who are nominated. Nominations that are received and meet the requirements will be kept on file to be reviewed as Board vacancies occur.

    4. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad-based and diverse MEP Advisory Board membership.

    National Construction Safety Team (NCST) Advisory Committee

    Addresses: Please submit nominations to Benjamin Davis, NIST, 100 Bureau Drive, Mail Stop 8615, Gaithersburg, MD 20899-8604. Additional information regarding the NCST, including its charter may be found on its electronic home page at https://www.nist.gov/el/disaster-resilience/disaster-and-failure-studies/national-construction-safety-team-ncst/advisory.

    FOR FURTHER INFORMATION CONTACT:

    Judith Mitrani-Reiser, Director, Disaster and Failure Studies Program, NIST, 100 Bureau Drive, Mail Stop 8615, Gaithersburg, MD 20899-8604, telephone 301-975-0684; or via email at [email protected]

    Committee Information

    The NCST Advisory Committee (Committee) was established in accordance with the National Construction Safety Team Act, Pub. L. 107-231 and the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    Objectives and Duties

    1. The Committee shall advise the Director of NIST on carrying out the National Construction Safety Team Act (Act), review the procedures developed under section 2(c)(1) of the Act, and review the reports issued under section 8 of the Act.

    2. The Committee functions solely as an advisory body, in accordance with the provisions of the Federal Advisory Committee Act.

    3. The Committee shall report to the Director of NIST.

    4. On January 1 of each year, the Committee shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a report that includes: (1) An evaluation of National Construction Safety Team (Team) activities, along with recommendations to improve the operation and effectiveness of Teams, and (2) an assessment of the implementation of the recommendations of Teams and of the Committee.

    Membership

    1. The Committee shall consist of no less than 4 nor more than 12 members. Members shall reflect the wide diversity of technical disciplines and competencies involved in the National Construction Safety Teams investigations. Members shall be selected on the basis of established records of distinguished service in their professional community and their knowledge of issues affecting the National Construction Safety Teams.

    2. The Director of the NIST shall appoint the members of the Committee, and they will be selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance.

    Miscellaneous

    1. Members of the Committee shall not be compensated for their services but may, upon request, be allowed travel and per diem expenses in accordance with 5 U.S.C. 5703.

    2. Members of the Committee shall serve as Special Government Employees (SGEs), will be subject to the ethics standards applicable to SGEs, and are required to file an annual Executive Branch Confidential Financial Disclosure Report.

    3. The Committee shall meet at least once per year. Additional meetings may be called whenever requested by the NIST Director or the Designated Federal Officer (DFO); such meetings may be in the form of telephone conference calls and/or videoconferences.

    Nomination Information

    1. Nominations are sought from industry and other communities having an interest in the National Construction Safety Teams investigations.

    2. Nominees should have established records of distinguished service. The field of expertise that the candidate represents should be specified in the nomination letter. Nominations for a particular field should come from organizations or individuals within that field. A summary of the candidate's qualifications should be included with the nomination, including (where applicable) current or former service on federal advisory boards and federal employment. In addition, each nomination letter should state that the nominee agrees to the nomination, acknowledges the responsibilities of serving on the Committee, and will actively participate in good faith in the tasks of the Committee.

    3. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad-based and diverse Committee membership.

    Advisory Committee on Earthquake Hazards Reduction (ACEHR)

    Addresses: Please submit nominations to Tina Faecke, Management and Program Analyst, National Earthquake Hazards Reduction Program, NIST, 100 Bureau Drive, Mail Stop 8604, Gaithersburg, MD 20899-8604. Nominations may also be submitted via fax to 301-975-4032 or email at [email protected] Additional information regarding the ACEHR, including its charter and executive summary may be found on its electronic home page at http://www.nehrp.gov.

    FOR FURTHER INFORMATION CONTACT:

    Steven McCabe, Acting Director, National Earthquake Hazards Reduction Program, NIST, 100 Bureau Drive, Mail Stop 8604, Gaithersburg, MD 20899-8604, telephone 301-975-8549, fax 301-975-4032; or via email at [email protected]

    Committee Information

    The Advisory Committee on Earthquake Hazards Reduction (Committee) was established in accordance with the National Earthquake Hazards Reduction Program Reauthorization Act of 2004, Pub. L. 108-360 and the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    Objectives and Duties

    1. The Committee will act in the public interest to assess trends and developments in the science and engineering of earthquake hazards reduction, effectiveness of the National Earthquake Hazards Reduction Program (Program) in carrying out the activities under section (a)(2) of the Earthquake Hazards Reduction Act of 1977, as amended (42 U.S.C. 7704(a)(2)), the need to revise the Program, the management, coordination, implementation, and activities of the Program.

    2. The Committee will function solely as an advisory body, in accordance with the provisions of the Federal Advisory Committee Act.

    3. The Committee shall report to the Director of NIST.

    4. The Committee shall report to the Director of NIST at least once every two years on its findings of the assessments and its recommendations for ways to improve the Program. In developing recommendations, the Committee shall consider the recommendations of the United States Geological Survey (USGS) Scientific Earthquake Studies Advisory Committee (SESAC).

    Membership

    1. The Committee shall consist of not fewer than 11, nor more than 17 members. Members shall reflect the wide diversity of technical disciplines, competencies, and communities involved in earthquake hazards reduction. Members shall be selected on the basis of established records of distinguished service in their professional community and their knowledge of issues affecting the National Earthquake Hazards Reduction Program.

    2. The Director of NIST shall appoint the members of the Committee. Members shall be selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance.

    3. The term of office of each member of the Committee shall be three years, except that vacancy appointments shall be for the remainder of the unexpired term of the vacancy and that members shall have staggered terms such that the Committee will have approximately one-third new or reappointed members each year.

    Miscellaneous

    1. Members of the Committee shall not be compensated for their services, but may, upon request, be allowed travel and per diem expenses in accordance with 5 U.S.C. 5701 et seq., while attending meetings of the Committee or subcommittees thereof, or while otherwise performing duties at the request of the Chair, while away from their homes or regular places of business.

    2. Members of the Committee shall serve as Special Government Employees (SGEs) and will be subject to the ethics standards applicable to SGEs, and are required to file an annual Executive Branch Confidential Financial Disclosure Report.

    3. The Committee members shall meet face-to-face at least once per year. Additional meetings may be called whenever requested by the NIST Director or the Chair; such meetings may be in the form of telephone conference calls and/or videoconferences.

    4. Committee meetings are open to the public.

    Nomination Information

    1. Members will be drawn from industry and other communities having an interest in the National Earthquake Hazards Reduction Program, such as, but not limited to, research and academic institutions, industry standards development organizations, state and local government, and financial communities, who are qualified to provide advice on earthquake hazards reduction and represent all related scientific, architectural, and engineering disciplines.

    2. Any person who has completed two consecutive full terms of service on the Committee shall be ineligible for appointment for a third term during the two-year period following the expiration of the second term.

    3. Nominees should have established records of distinguished service. The field of expertise that the candidate represents should be specified in the nomination letter. Nominations for a particular field should come from organizations or individuals within that field. A summary of the candidate's qualifications should be included with the nomination, including (where applicable) current or former service on federal advisory boards and federal employment. In addition, each nomination letter should state that the nominee agrees to the nomination, acknowledges the responsibilities of serving on the Committee, and will actively participate in good faith in the tasks of the Committee.

    4. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad based and diverse Committee membership.

    National Advisory Committee on Windstorm Impact Reduction (NACWIR)

    Addresses: Please submit nominations to Stephen Potts, NIST, 100 Bureau Drive, Mail Stop 8611, Gaithersburg, MD 20899-8611. Additional information regarding the NACWIR, including its charter may be found on its electronic home page at https://www.nist.gov/el/mssd/nwirp/national-advisory-committee-windstorm-impact-reduction-project.

    FOR FURTHER INFORMATION CONTACT:

    Marc Levitan, Director, National Windstorm Impact Reduction Program, NIST, 100 Bureau Drive, Mail Stop 8611, Gaithersburg, MD 20899-8611, telephone 301-975-5340; or via email at [email protected]

    Committee Information

    The NACWIR (Committee) was established in accordance with the requirements of the National Windstorm Impact Act of 2004, Public Law 108-360, Title II, codified at 42 U.S.C. 15701-15707, as amended by the National Windstorm Reduction Act Reauthorization of 2015, Public Law 114-52 and the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    Objectives and Duties

    1. The Committee shall offer assessments and recommendations on the trends and developments in the natural, engineering, and social sciences and practices of windstorm impact mitigation; the priorities of the Strategic Plan for the National Windstorm Impact Reduction Program (Program); the coordination of the Program; the effectiveness of the Program in meeting its purposes under section 204 (42 U.S.C. 15707) of the National Windstorm Impact Reduction Act of 2004, as amended; and any revisions to the Program which may be necessary.

    2. The Committee functions solely as an advisory body, in accordance with the provisions of the Federal Advisory Committee Act.

    3. The Committee shall report to the Director of NIST.

    4. The Committee will develop and submit reports on the assessments for ways to improve the Program at least once every two years.

    Membership

    1. The Committee shall consist of not fewer than 7 nor more than 15 members. The term of office of each member of the Committee shall terminate on September 30, 2017.

    2. Members shall reflect the wide diversity of technical disciplines, competencies, and communities involved in windstorm impact reduction.

    3. Members shall be selected on the basis of established records of distinguished service in their professional community and their knowledge of issues affecting the Program.

    4. The Director of the NIST shall appoint the members of the Committee, and they will be selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance.

    Miscellaneous

    1. Members of the Committee shall not be compensated for their services but may, upon request, be allowed travel and per diem expenses in accordance with 5 U.S.C. 5701 et seq., while attending meetings of the Committee or subcommittees thereof, or while otherwise performing duties at the request of the Chair, while away from their homes or regular places of business.

    2. Members of the Committee shall serve as Special Government Employees (SGEs), will be subject to the ethics standards applicable to SGEs, and are required to file an annual Executive Branch Confidential Financial Disclosure Report. No member shall be an employee of the Federal Government.

    3. The Committee shall meet in at least one face-to-face meeting per year. Additional meetings may be called whenever requested by the NIST Director or the Chair; such meetings may be in the form of telephone conference calls and/or videoconferences.

    Nomination Information

    1. Nominations are sought from research and academic institutions, industry and other communities who are qualified to provide advise on windstorm impact hazards reduction and represent related scientific, architectural, and engineering disciplines.

    2. Nominees should have established records of distinguished service. The field of expertise that the candidate represents should be specified in the nomination letter. Nominations for a particular field should come from organizations or individuals within that field. A summary of the candidate's qualifications should be included with the nomination, including (where applicable) current or former service on Federal advisory boards and Federal employment. In addition, each nomination letter should state that the nominee agrees to the nomination, acknowledges the responsibilities of serving on the Committee, and will actively participate in good faith in the tasks of the Committee.

    3. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad-based and diverse Committee membership.

    NIST Smart Grid Advisory Committee

    ADDRESSES: Please submit nominations to Mr. Cuong Nguyen, Smart Grid and Cyber-Physical Systems Program Office, NIST, 100 Bureau Drive, Mail Stop 8200, Gaithersburg, MD 20899-8200. Nominations may also be submitted via email to [email protected] Information about the NIST Smart Grid Advisory Committee may be found at http://www.nist.gov/smartgrid/committee.cfm.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Cuong Nguyen, Smart Grid and Cyber-Physical Systems Program Office, NIST, 100 Bureau Drive, Mail Stop 8200, Gaithersburg, MD 20899-8200; telephone 301-975-2254, fax 301-948-5668; or via email at [email protected]

    Committee Information

    The NIST Smart Grid Advisory Committee (Committee) was established in accordance with the Federal Advisory Committee Act, as amended, 5 U.S.C. App and with the concurrence of the General Services Administration.

    Objectives and Duties

    1. The Committee shall advise the Director of NIST in carrying out duties authorized by section 1305 of the Energy Independence and Security Act of 2007 (Pub. L. 110-140).

    2. The Committee duties are solely advisory in nature in accordance with the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    3. The Committee shall report to the Director of NIST.

    4. The Committee shall provide input to NIST on the Smart Grid Standards, Priorities, and Gaps, on the overall direction, status and health of the Smart Grid implementation by the Smart Grid industry including identification of issues and needs, on Smart Grid Interoperability Panel activities and on the direction of research and standards activities.

    5. Upon request of the Director of NIST, the Committee will prepare reports on issues affecting Smart Grid activities.

    Membership

    1. The Committee shall consist of no less than 9 and no more than 15 members. Members shall be selected on the basis of established records of distinguished service in their professional community and their knowledge of issues affecting Smart Grid deployment and operations. Members shall reflect the wide diversity of technical disciplines and competencies involved in the Smart Grid deployment and operations and will come from a cross section of organizations.

    2. The Director of NIST shall appoint the members of the Committee, and they will be selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance.

    Miscellaneous

    1. Members of the Committee shall not be compensated for their service, but will, upon request, be allowed travel and per diem expenses, in accordance with 5 U.S.C. 5701 et seq., while attending meetings of the Committee or subcommittees thereof, or while otherwise performing duties at the request of the Chair, while away from their homes or regular places of business.

    2. The Committee shall meet approximately two times per year at the call of the Designated Federal Officer (DFO). Additional meetings may be called by the DFO whenever one-third or more of the members so request it in writing or whenever the Director of NIST requests a meeting.

    Nomination Information

    1. Nominations are sought from all fields involved in issues affecting the Smart Grid.

    2. Nominees should have established records of distinguished service. The field of expertise that the candidate represents should be specified in the nomination letter. Nominations for a particular field should come from organizations or individuals within that field. A summary of the candidate's qualifications should be included with the nomination, including (where applicable) current or former service on Federal advisory boards and Federal employment. In addition, each nomination letter should state that the person agrees to the nomination, acknowledges the responsibilities of serving on the Committee, and will actively participate in good faith in the tasks of the Committee. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad-based and diverse Committee membership.

    Visiting Committee on Advanced Technology (VCAT)

    ADDRESSES: Please submit nominations to Stephanie Shaw, Designated Federal Officer, VCAT, NIST, 100 Bureau Drive, Mail Stop 1060, Gaithersburg, MD 20899-1060. Nominations may also be submitted via fax to 301-216-0529 or via email at [email protected] Additional information regarding the VCAT, including its charter, current membership list, and past reports may be found on its electronic homepage at http://www.nist.gov/director/vcat/.

    FOR FURTHER INFORMATION CONTACT:

    Stephanie Shaw, Designated Federal Officer, VCAT, NIST, 100 Bureau Drive, Mail Stop 1060, Gaithersburg, MD 20899-1060, telephone 301-975-2667, fax 301-216-0529; or via email at [email protected]

    Committee Information

    The VCAT (Committee) was established in accordance with 15 U.S.C. 278 and the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    Objectives and Duties

    1. The Committee shall review and make recommendations regarding general policy for NIST, its organization, its budget, and its programs, within the framework of applicable national policies as set forth by the President and the Congress.

    2. The Committee will function solely as an advisory body, in accordance with the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    3. The Committee shall report to the Director of NIST.

    4. The Committee shall provide an annual report, through the Director of NIST, to the Secretary of Commerce for submission to the Congress not later than 30 days after the submittal to Congress of the President's annual budget request in each year. Such report shall deal essentially, though not necessarily exclusively, with policy issues or matters which affect NIST, or with which the Committee in its official role as the private sector policy adviser of NIST is concerned. Each such report shall identify areas of research and research techniques of NIST of potential importance to the long-term competitiveness of United States industry, in which NIST possesses special competence, which could be used to assist United States enterprises and United States industrial joint research and development ventures. Such report also shall comment on the programmatic planning document and updates thereto submitted to Congress by the Director under subsections (c) and (d) of section 278i of the NIST Act. The Committee shall submit to the Secretary and the Congress such additional reports on specific policy matters as it deems appropriate.

    Membership

    1. The Committee shall consist of 15 members appointed by the Director of NIST, at least ten of whom shall be from United States industry. Members shall be selected solely on the basis of established records of distinguished service; shall provide representation of a cross-section of traditional and emerging United States industries; and shall be eminent in fields such as business, research, new product development, engineering, labor, education, management consulting, environment, and international relations. No employee of the Federal Government shall serve as a member of the Committee.

    2. The Director of NIST shall appoint the members of the Committee. Members shall be selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance.

    3. The term of office of each member of the Committee shall be three years, except that vacancy appointments shall be for the remainder of the unexpired term of the vacancy.

    Miscellaneous

    1. Members of the Committee will not be compensated for their services, but will, upon request, be allowed travel expenses in accordance with 5 U.S.C. 5701 et seq., while attending meetings of the Committee or of its subcommittees, or while otherwise performing duties at the request of the chairperson, while away from their homes or a regular place of business.

    2. Members of the Committee shall serve as Special Government Employees (SGEs) and will be subject to the ethics standards applicable to SGEs. As SGEs, the members are required to file an annual Executive Branch Confidential Financial Disclosure Report.

    3. Meetings of the VCAT usually take place at the NIST headquarters in Gaithersburg, Maryland. Meetings are usually two days in duration and are held at least twice each year.

    4. Generally, Committee meetings are open to the public.

    Nomination Information

    1. Nominations are sought from all fields described above.

    2. Nominees should have established records of distinguished service and shall be eminent in fields such as business, research, new product development, engineering, labor, education, management consulting, environment and international relations. The category (field of eminence) for which the candidate is qualified should be specified in the nomination letter. Nominations for a particular category should come from organizations or individuals within that category. A summary of the candidate's qualifications should be included with the nomination, including (where applicable) current or former service on Federal advisory boards and Federal employment. In addition, each nomination letter should state that the candidate agrees to the nomination, acknowledges the responsibilities of serving on the VCAT, and will actively participate in good faith in the tasks of the VCAT.

    3. The Department of Commerce is committed to equal opportunity in the workplace and seeks a broad-based and diverse VCAT membership.

    Kevin Kimball, NIST Chief of Staff.
    [FR Doc. 2016-31835 Filed 12-30-16; 8:45 am] BILLING CODE 3510-13-P
    DEPARTMENT OF COMMERCE National Institute of Standards and Technology Visiting Committee on Advanced Technology AGENCY:

    National Institute of Standards and Technology, Department of Commerce.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The Visiting Committee on Advanced Technology (VCAT or Committee), National Institute of Standards and Technology (NIST), will meet in an open session on Wednesday, February 8, 2017 from 8:30 a.m. to 5:30 p.m. Eastern Time and Thursday, February 9, 2017 from 8:30 a.m. to 12:00 p.m. Eastern Time. The VCAT is composed of fifteen members appointed by the NIST Director who are eminent in such fields as business, research, new product development, engineering, labor, education, management consulting, environment, and international relations.

    DATES:

    The VCAT will meet on Wednesday, February 8, 2017, from 8:30 a.m. to 5:30 p.m. Eastern Time and Thursday, February 9, 2017, from 8:30 a.m. to 12:00 p.m. Eastern Time.

    ADDRESSES:

    The meeting will be held in the Portrait Room, Administration Building, at NIST, 100 Bureau Drive, Gaithersburg, Maryland, 20899. Please note admittance instructions under the SUPPLEMENTARY INFORMATION section of this notice.

    FOR FURTHER INFORMATION CONTACT:

    Stephanie Shaw, VCAT, NIST, 100 Bureau Drive, Mail Stop 1060, Gaithersburg, Maryland 20899-1060, telephone number 301-975-2667. Ms. Shaw's email address is [email protected].

    SUPPLEMENTARY INFORMATION:

    Authority:

    15 U.S.C. 278 and the Federal Advisory Committee Act, as amended, 5 U.S.C. App.

    The purpose of this meeting is for the VCAT to review and make recommendations regarding general policy for NIST, its organization, its budget, and its programs within the framework of applicable national policies as set forth by the President and the Congress. The agenda will include a discussion on NIST's values and how those values are critical to NIST's mission delivery. NIST's major scientific accomplishments, impacts on industry, and likely upcoming challenges will also be discussed. The Committee also will present its initial observations, findings, and recommendations for the 2016 VCAT Annual Report. The agenda may change to accommodate Committee business. The final agenda will be posted on the NIST Web site at http://www.nist.gov/director/vcat/agenda.cfm.

    Individuals and representatives of organizations who would like to offer comments and suggestions related to the Committee's affairs are invited to request a place on the agenda. Approximately one-half hour will be reserved for public comments and speaking times will be assigned on a first-come, first-serve basis. The amount of time per speaker will be determined by the number of requests received, but is likely to be about 3 minutes each. The exact time for public comments will be included in the final agenda that will be posted on the NIST Web site at http://www.nist.gov/director/vcat/agenda.cfm. Questions from the public will not be considered during this period. Speakers who wish to expand upon their oral statements, those who had wished to speak but could not be accommodated on the agenda, and those who were unable to attend in person are invited to submit written statements to VCAT, NIST, 100 Bureau Drive, MS 1060, Gaithersburg, Maryland, 20899, via fax at 301-216-0529 or electronically by email to [email protected].

    All visitors to the NIST site are required to pre-register to be admitted. Please submit your name, time of arrival, email address and phone number to Serena Martinez by 5:00 p.m. Eastern Time, Monday, January 30, 2017. Non-U.S. citizens must submit additional information; please contact Mrs. Martinez. Mrs. Martinez's email address is [email protected] and her phone number is 301-975-2661. For participants attending in person, please note that federal agencies, including NIST, can only accept a state-issued driver's license or identification card for access to federal facilities if such license or identification card is issued by a state that is compliant with the REAL ID Act of 2005 (Pub. L. 109-13), or by a state that has an extension for REAL ID compliance. NIST currently accepts other forms of federal-issued identification in lieu of a state-issued driver's license. For detailed information please contact Mrs. Martinez at 301-975-2661 or visit: http://nist.gov/public_affairs/visitor/.

    Kevin Kimball, NIST Chief of Staff.
    [FR Doc. 2016-31836 Filed 12-30-16; 8:45 am] BILLING CODE 3510-13-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; West Coast Region U.S.—Canada Albacore Treaty Reporting System. AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before March 6, 2017.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW, Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Shannon Penna, National Marine Fisheries Service (NMFS), West Coast Region (WCR) Long Beach Office, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802, (562) 980-4238 or [email protected]

    SUPPLEMENTARY INFORMATION: I. Abstract

    This request is for an extension of a current information collection West Coast Region U.S.—Canada Albacore Treaty Reporting System.

    The National Marine Fisheries Service (NMFS), West Coast Region, manages the United States (U.S.)—Canada Albacore Tuna Treaty of 1981 (Treaty). Owners of vessels that fish from U.S. West Coast ports for albacore tuna (Thunnus alalunga) are required to notify the NMFS West Coast Region of their desire to be on the list of vessels provided to Canada each year indicating vessels eligible to fish for albacore tuna in waters under the jurisdiction of Canada. Additionally, vessel operators are required to report in advance their intention to fish in Canadian waters prior to crossing the maritime border, as well as to mark their fishing vessels to facilitate enforcement of the effort limits under the Treaty. Vessel operators are also required to maintain and submit a logbook of all catch and fishing effort. The regulations implementing the reporting and vessel marking requirements under the Treaty are at 50 CFR part 300.172-300.176.

    The estimated burden below includes hours to complete the logbook requirement, although it is assumed that most if not all of the respondents already complete the required logbook under the mandatory West Coast Highly Migratory Species Fishery Management Plan (HMS FMP), OMB Control No. 0648-0223. Duplicate reporting under the Treaty and HMS FMP is not required. Most years, there will be much less fishing (and thus less reporting) under the Treaty than the level on which the estimate is based.

    II. Method of Collection

    Requests to be placed on the vessel eligibility list may be made in writing via mail, fax, email, telephone, or through online registration if available. Communications to comply with `hail in' and `hail out' requirements are made via ship to shore radio or via telephone and are compiled in an electronic database by Fisheries and Oceans Canada. Summaries of hail reports are provided to NMFS on a periodic basis. Vessel marking requirements entail painting the letter `U' immediately after the U.S. Coast Guard documentation identification number or state registration number already on the vessel. Logbooks are maintained in pre-printed paper format and submitted via mail.

    III. Data

    OMB Control Number: 0648-0492.

    Form Number(s): None.

    Type of Review: Regular submission (extension of a current information collection).

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Respondents: 120.

    Estimated Time Per Response: 5 minutes for the request to be placed on the eligible list per year; 5 minutes for required vessel markings; 15 minutes for logbook entries; 10 minutes for each set of two hail reports for border crossings per year.

    Estimated Total Annual Burden Hours: 240.

    Estimated Total Annual Cost to Public: $1881.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: December 27, 2016. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2016-31762 Filed 12-30-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF079 Marine Mammals; File No. 20666 AGENCY:

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

    ACTION:

    Notice; receipt of application.

    SUMMARY:

    Notice is hereby given that Randall Davis, Ph.D., Texas A&M University, Department of Marine Biology, 5007 Avenue U, Galveston, TX 77551, has applied in due form for a permit to conduct scientific research on harbor seals (Phoca vitulina).

    DATES:

    Written, telefaxed, or email comments must be received on or before February 2, 2017.

    ADDRESSES:

    The application and related documents are available for review by selecting “Records Open for Public Comment” from the “Features” box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File No. 20666 from the list of available applications.

    These documents are also available upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.

    Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713-0376, or by email to [email protected] Please include the File No. 20666 in the subject line of the email comment.

    Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Skidmore or Sara Young, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216).

    The applicant proposes to conduct physiology research on up to 5 harbor seals (over the life of the project) at the Texas A&M Institute of Preclinical Studies in College Station, TX. Animals will be transported from the Moody Gardens Aquarium in Galveston, TX, or other cooperating public display facilities to be determined. The object is to simultaneous measure heart rate and complete regional blood flow to tissues and organs during rest, and voluntary dives with and without exercise. Blood flow will be measured using stable isotopes and heart rate will be measured with an ECG recorder. One mortality over the life of the project is requested. The requested duration of the permit is 5 years.

    In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement.

    Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors.

    Dated: December 27, 2016. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2016-31781 Filed 12-30-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF124 Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The Scientific and Statistical Committee (SSC) of the Mid-Atlantic Fishery Management Council (Council) will hold a meeting.

    DATES:

    The meeting will be held on Wednesday, January 25, beginning at 9 a.m. and conclude by 4 p.m.. For agenda details, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The meeting will at the Royal Sonesta Harbor Court, 550 Light Street, Baltimore, MD 21202; telephone: (410) 234-0550.

    Council address: Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674-2331 or on their Web site at www.mafmc.org.

    FOR FURTHER INFORMATION CONTACT:

    Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526-5255.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to receive a report of the results of a stock assessment recently completed for black sea bass and to make ABC recommendations to the Council for the species for the period 2017-19. In addition, the Council may request re-specification of the ABC recommendations for the previous years which were made based on ad hoc data poor methods, to evaluate fishery performance relative to catch limits developed using those methods. If time permits, the report of the CV Subcommittee of the SSC will be discussed.

    Dated: December 28, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-31806 Filed 12-30-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF127 North Pacific Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The North Pacific Fishery Management Council (Council) Bering Sea Fishery Ecosystem Plan Team (BS FEP) will meet January 19-20, 2017, in Seattle, WA.

    DATES:

    The meeting will be held on Thursday, January 19, 2017 through Friday, January 20, 2017, from 9 a.m. to 5 p.m.

    ADDRESSES:

    The meeting will be held at the Alaska Fishery Science Center NMML Room 2011, 7600 Sand Point Way NE., Building 4, Seattle, WA 98115.

    Council address: North Pacific Fishery Management Council, 605 W. 4th Ave., Suite 306, Anchorage, AK 99501-2252; telephone: (907) 271-2809.

    FOR FURTHER INFORMATION CONTACT:

    Diana Evans, Council staff; telephone: (907) 271-2809.

    SUPPLEMENTARY INFORMATION:

    Agenda Thursday, January 19, 2017 through Friday, January 20, 2017

    The BS FEP agenda will include: (a) FEP tasks, (b) discuss FEP objectives and work products, (c) outreach plan, and (d) potential action modules. The Agenda is subject to change, and the latest version will be posted at http://www.npfmc.org/.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Shannon Gleason at (907) 271-2809 at least 7 working days prior to the meeting date.

    Dated: December 28, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-31817 Filed 12-30-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF126 North Pacific Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The North Pacific Fishery Management Council (Council) Crab Plan Team (CPT) will meet January 17 through January 19, 2017, in Seattle, WA.

    DATES:

    The meeting will be held on Tuesday, January 17, 2017 through Wednesday, January 18, 2017, from 9 a.m. to 5 p.m., and on Thursday, January 19, 2017, from 9 a.m. to 4 p.m.

    ADDRESSES:

    The meeting will be held at the Mountaineers Program Center, Cascade Room, 7700 Sand Point Way NE., Seattle, WA 98115.

    Council address: North Pacific Fishery Management Council, 605 W. 4th Ave., Suite 306, Anchorage, AK 99501-2252; telephone: (907) 271-2809.

    FOR FURTHER INFORMATION CONTACT:

    Diana Stram, Council staff; telephone: (907) 271-2809.

    SUPPLEMENTARY INFORMATION: Agenda Tuesday, January 17, 2017 through Thursday, January 19, 2017

    The CPT will review and make recommendations on Norton Sound Red King Crab final assessment OFL/ABC stock prioritization, Aleutian Islands Golden King Crab, model scenarios for final assessment, Tanner Crab modeling, Bristol Bay Red King Crab—GMACs model, Bering Sea Fishery Research Foundation survey issues, dynamic B application and discussion.

    The Agenda is subject to change, and the latest version will be posted at http://www.npfmc.org/.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Shannon Gleason at (907) 271-2809 at least 7 working days prior to the meeting date.

    Dated: December 28, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-31816 Filed 12-30-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF123 New England Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The New England Fishery Management Council (Council) is scheduling a public meeting of its Ecosystem-Based Fishery Management (EBFM) Committee to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

    DATES:

    This meeting will be held on Monday, January 23, 2017, at 10 a.m.

    ADDRESSES:

    The meeting will be held at the Sheraton Harborside Hotel, 250 Market Street, Portsmouth, NH 03801; telephone: (603) 431-2300.

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492.

    SUPPLEMENTARY INFORMATION:

    Agenda

    The Committee will receive a report on the application of Georges Bank Operating Models, i.e. examples and description of how they could be used to support a Management Strategy Evaluation, from the Ecosystem-Based Fishery Management Plan Development Team. The committee will also discuss progress toward development of an example Fishery Ecosystem Plan for Georges Bank. Other business will be discussed if time permits.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465-0492, at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: December 28, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-31805 Filed 12-30-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF EDUCATION Applications for New Awards; Personnel Development To Improve Services and Results for Children With Disabilities—Interdisciplinary Preparation in Special Education, Early Intervention, and Related Services for Personnel Serving Children With Disabilities Who Have High-Intensity Needs AGENCY:

    Office of Special Education and Rehabilitative Services, Department of Education.

    ACTION:

    Notice.

    Overview Information

    Personnel Development To Improve Services and Results for Children With Disabilities—Interdisciplinary Preparation in Special Education, Early Intervention, and Related Services for Personnel Serving Children With Disabilities Who Have High-Intensity Needs.

    Notice inviting applications for a new award for fiscal year (FY) 2017.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.325K.

    Dates:

    Applications Available: January 3, 2017.

    Deadline for Transmittal of Applications: March 6, 2017.

    Deadline for Intergovernmental Review: May 3, 2017.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The purposes of this program are to (1) help address State-identified needs for personnel preparation in special education, early intervention, related services, and regular education to work with children, including infants and toddlers, with disabilities; and (2) ensure that those personnel have the necessary skills and knowledge, derived from practices that have been determined through scientifically based research and experience, to be successful in serving those children.

    Priority: In accordance with 34 CFR 75.105(b)(2)(v), this priority is from allowable activities specified in the statute (see sections 662 and 681 of the Individuals with Disabilities Education Act (IDEA)).

    Absolute Priority: For FY 2017 and any subsequent year in which we make awards from the list of unfunded applications from this competition, this priority is an absolute priority. Under 34 CFR 75.105(c)(3), we consider only applications that meet this priority.

    This priority is: Interdisciplinary Preparation in Special Education, Early Intervention, and Related Services for Personnel Serving Children With Disabilities Who Have High-Intensity Needs.

    Background: The purpose of this priority is to increase the number and improve the quality of personnel who are fully credentialed to serve children, including infants and toddlers, with disabilities who have high-intensity needs,1 especially in areas of chronic personnel shortage. The priority will fund high-quality interdisciplinary 2 projects that prepare special education, early intervention, and related services personnel at the master's, specialist, or clinical doctoral levels for professional practice in classrooms and school settings.

    1 For the purposes of this priority, “high-intensity needs” refers to a complex array of disabilities (e.g., multiple disabilities, significant cognitive disabilities, significant physical disabilities, significant sensory disabilities, significant autism, significant emotional disabilities, significant learning disabilities, including dyslexia) or needs of children with these disabilities requiring intensive, individualized intervention(s) (i.e., that are specifically designed to address persistent learning or behavior difficulties, implemented with greater frequency and for an extended duration than is commonly available in a typical classroom or early intervention setting, or which requires personnel to have knowledge and skills in identifying and implementing multiple interventions supported by evidence).

    2 For the purposes of this priority, “interdisciplinary” refers to preparing two or more disciplines together through shared coursework, group assignments, and coordinated field experiences.

    State demand for fully credentialed special education, early intervention, and related services personnel to serve infants, toddlers, children, and youth with disabilities exceeds the available supply, particularly in high-need schools 3 (Boe, deBettencourt, Rosenberg, Sindelar, & Leko, 2013). These shortages can negatively affect the quality of services provided to infants, toddlers, children, and youth with disabilities and their families (Boe et al., 2013).

    3 For the purposes of this priority, the term “high-need school” refers to a public elementary or secondary school that is a “high-poverty” or “low-performing” school as defined in footnotes 6 and 7, respectively.

    The need for personnel with the knowledge and skills to serve children with disabilities who have high-intensity needs is even greater because specialized or advanced preparation is required to collaboratively design and support focused instruction and intensive individualized intervention(s) that address the needs of these children (Boe et al., 2013; Browder, Wood, Thompson, & Ribuffo, 2014; McLeskey & Brownell, 2015). Although children with disabilities who have high-intensity needs may require the combined expertise of numerous professionals (including special education, early intervention, and related services providers), it is often difficult for personnel from varied professional backgrounds to work together because they lack shared information, understanding, and experience.

    Interdisciplinary approaches to personnel preparation provide scholars with experience working and learning in team environments similar to those in which they are likely to work once employed (Smith, 2010). For example, under the IDEA, personnel serving children with disabilities will work on interdisciplinary teams with parent(s), general and special education teachers, early intervention, and related service providers with the expertise convened to design, implement, and evaluate intervention plans based on the unique learning and developmental needs of each individual child. To enable personnel to provide efficient, high-quality integrated services, personnel preparation programs need to embed content, practices, and clinical experience into preservice training that will match the interdisciplinary team-based approaches in which graduates are likely to work. This priority aims to fund interdisciplinary projects that will provide such preparation.

    Priority: The purpose of this priority is to increase the number and improve the quality of personnel who are fully credentialed to serve children, including infants and toddlers, with disabilities who have high-intensity needs—especially in areas of chronic personnel shortage. The priority will fund high-quality interdisciplinary projects that prepare special education, early intervention, and related services personnel at the master's, specialist, or clinical doctoral levels for professional practice in classrooms and school settings.

    An applicant must propose an interdisciplinary project in special education, early intervention, or related services. An interdisciplinary project is a project that delivers core content through shared coursework, group assignments, and coordinated clinical experiences as part of master's, specialist, or clinical doctoral degree programs for scholars 4 across two or more disciplines and that leads to licensure, endorsement, or certification. Not all degree-program requirements (e.g., courses, seminars, and clinical experiences) must be shared across disciplines, but the project must: (a) Identify the competencies needed to address the individualized needs of children with disabilities who have high-intensity needs using an interdisciplinary approach to service delivery; and (b) outline how the project will build capacity in those areas through shared coursework, group assignments, and coordinated clinical experiences for scholars supported by the proposed project. Projects may include individuals who are in degree programs (e.g., general education) that are cooperating with, but not funded by, the applicant's proposed project in the interdisciplinary coursework, group assignments, coordinated field experiences, and other opportunities funded by the project (e.g., speaker series, monthly seminars) if doing so does not diminish the benefit for project-funded scholars (e.g., by reducing funds available for scholar support or limiting opportunities for scholars to participate in project activities).

    4 For the purposes of this priority, the term “scholar” means an individual who is pursuing a degree, license, endorsement, or certification related to special education, related services, or early intervention services and who receives scholarship assistance under section 662 of IDEA (see 34 CFR 304.3(g)). Individuals pursuing degrees in general education do not qualify as “scholars” eligible for scholarship assistance.

    Note:

    Personnel preparation programs that prepare individuals to be educational interpreters for the deaf at the bachelor's degree level can qualify under this priority without an interdisciplinary partner.

    Note:

    The first year of the project period and up to $100,000 of Federal funds may be used for program planning. Planning activities during the first year could include outlining shared coursework, group assignments, or coordinated clinical experiences designed to: (a) Build the knowledge, skills, and competencies that personnel from each discipline participating in the project will need to work collaboratively with other general and special education teachers, early intervention, and related services providers to design and deliver the focused instruction and intense individualized intervention(s) needed to address the individualized needs of children with disabilities who have high-intensity needs and (b) enhance the competency of beginning practitioners with master's, specialist, or clinical doctoral degrees in special education, early intervention, or related services to collaborate on interdisciplinary teams.

    To be considered for funding under this absolute priority, all program applicants must meet the application requirements contained in the priority. All projects funded under this absolute priority also must meet the programmatic and administrative requirements specified in the priority.

    The requirements of this priority are as follows:

    (a) Demonstrate, in the narrative section of the application under “Significance of the Project,” how—

    (1) The project addresses national, State, regional, or district shortages of personnel who are fully qualified to serve children with disabilities, ages birth through 21, who have high-intensity needs. To address this requirement, the applicant must—

    (i) Present data on the effectiveness of each special education, early intervention, or related services personnel preparation program participating in the project in areas such as: The average amount of time it takes for scholars to complete the program; the percentage of program graduates who receive a license, endorsement, or certification related to special education, related services, or early intervention services; the percentage of program graduates finding employment related to their preparation after graduation; the effectiveness of program graduates in providing special education, early intervention, or related services, which could include data on the learning and developmental outcomes of children with disabilities they serve; the percentage of program graduates who maintain employment for two or more years in the area for which they were prepared and who are fully qualified under IDEA; and the percentage of graduates and their employers who report that program graduates received adequate preparation to provide high quality special education, early intervention, or related services; and

    (ii) If available, present data on the effectiveness of interdisciplinary approaches to the preparation of special education, early intervention, or related services personnel that involve the programs participating in the proposed project.

    Note:

    Data on the effectiveness of a personnel preparation program should be no older than five years prior to the start date of the project proposed in the application. When reporting percentages, the denominator (i.e., total number of scholars or program graduates) must be provided.

    (2) The project will increase the number of personnel who demonstrate the competencies needed to provide (a) focused instruction, and (b) intense individualized intervention(s) in an interdisciplinary team-based approach to address the individualized needs of children with disabilities who have high-intensity needs, ages birth through 21, that result in improvements in learning or developmental outcomes (e.g., academic, social, emotional, behavioral), or successful transition to postsecondary education and the workforce. To address this requirement, the applicant must—

    (i) Identify the competencies 5 that special education, early intervention, or related services personnel need in order to ensure delivery of (a) focused instruction, and (b) intense individualized intervention(s) in an interdisciplinary team-based approach that will: Lead to improved learning and developmental outcomes; ensure access to and progress in academic achievement standards or alternate academic achievements standards, as appropriate; lead to successful transition to college and career for children with disabilities, including children with disabilities who have high-intensity needs; and maximize the use of effective technology to deliver instruction, interventions, and services;

    5 For the purposes of this priority, the term “competencies” means what a person knows and can do: The knowledge, skills, and dispositions necessary to effectively function in a role (National Professional Development Center on Inclusion, 2011). These competencies should ensure that personnel are able to use challenging academic standards, child achievement and functional standards, and assessments to improve instructional practices, services, learning and developmental outcomes (e.g., academic, social, emotional, behavioral), and college- and career-readiness of children with disabilities.

    (ii) Identify the competencies needed by members of interdisciplinary teams that will result in improved outcomes for children with disabilities who have high-intensity needs;

    (iii) Identify the competencies that personnel need to support inclusion of children with disabilities in the least restrictive and natural environments to the maximum extent appropriate by intentionally promoting participation in learning and social activities to foster development, learning, academic achievement, friendships with peers, and sense of belonging; and

    (iv) Provide a conceptual framework for the proposed interdisciplinary personnel preparation project, including any empirical support that will promote the acquisition of the identified competencies (see paragraph (a)(2)(i) of the requirements for this priority) needed by special education, early intervention, or related services personnel, and how these competencies relate to the proposed project.

    (b) Demonstrate, in the narrative section of the application under “Quality of Project Services,” how—

    (1) The project will conduct its planning activities, if the first year of the project period is used for planning.

    (2) The project will recruit and retain high-quality scholars into the bachelor's (if training educational interpreters for the deaf), master's, specialist, or clinical doctoral degree programs participating in the project and ensure equal access and treatment for eligible project participants who are members of groups that have traditionally been underrepresented based on race, color, national origin, gender, age, or disability. To meet this requirement, the applicant must—

    (i) Describe criteria the applicant will use to identify high-quality applicants for admission into the degree programs participating in the project;

    (ii) Describe the recruitment strategies the applicant will use to attract high-quality applicants and any specific recruitment strategies targeting high-quality applicants from traditionally underrepresented groups, including individuals with disabilities; and

    (iii) Describe the approach, including mentoring, monitoring, and accommodations, the applicant will use to support scholars to complete their respective degree programs.

    (3) The project reflects current practices supported by evidence and is designed to prepare scholars in the identified competencies. To address this requirement, the applicant must—

    (i) Describe how the project will incorporate current practices supported by evidence (including relevant research citations) that improve outcomes for children with disabilities who have high-intensity needs into (a) the required coursework and clinical experiences for each personnel preparation program participating in the project; and (b) the shared coursework, group assignments, and coordinated clinical experiences required for the interdisciplinary portions of the project; and

    (ii) Describe how the project will use professional development practices supported by evidence for adult learners to instruct scholars.

    (4) The project is of sufficient quality, intensity, and duration to prepare scholars in the identified competencies. To address this requirement, the applicant must describe how—

    (i) The components of (a) each personnel preparation program participating in the project; and (b) the shared coursework, group assignments, and coordinated clinical experiences required for the interdisciplinary portions of the proposed project will support scholars' acquisition and enhancement of the identified competencies;

    (ii) The components of (a) each personnel preparation program participating in the project and (b) the shared coursework, group assignments, and coordinated clinical experiences required for the interdisciplinary portions of the proposed project will be integrated to allow scholars to use their knowledge and skills in designing, implementing, and evaluating practices supported by evidence to address the learning and developmental needs of children with disabilities who have high-intensity needs in collaboration with other team members;

    (iii) Scholars will be provided with ongoing guidance and feedback during training; and

    (iv) The proposed project will provide ongoing induction opportunities and mentoring support to graduates of each personnel preparation program participating in the project.

    (5) The project will collaborate with appropriate partners, including—

    (i) High-need schools, which are high-poverty schools,6 low-performing schools,7 or publicly funded preschool programs, including Head Start programs and programs serving children eligible for services under IDEA Part C and Part B, section 619, that are located within the geographic boundaries of a high-need LEA. The purpose of these partnerships is to provide clinical practice for scholars aimed at developing the identified competencies as members of interdisciplinary teams; and

    6 For the purposes of this priority, the term “high-poverty school” means a school that is in the highest two quartiles of schools served by a local educational agency, based on the percentage of enrolled students from low-income families as defined in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, as amended (ESEA).

    7 For the purpose of this priority, the term “low-performing school” means a school receiving assistance through Title I of the ESEA that, at the time of submission of an application under this competition, is (1) identified as a school in need of corrective action or restructuring under section 1116 of the ESEA, as amended by the No Child Left Behind Act of 2001 (NCLB); or (2) identified as a priority or focus school in a State that implemented ESEA flexibility. The inclusion of these schools as “low-performing schools” reflects the fact that the 2016-2017 school year is a year of transition between requirements of the ESEA as amended by NCLB and the ESEA as amended by the Every Student Succeeds Act.

    Note:

    A State that received ESEA flexibility was not required to identify schools in corrective action or restructuring under section 1116 of the ESEA; rather, the State identified priority and focus schools. Moreover, with the enactment of the Every Student Succeeds Act (ESSA), no State, beginning in the 2017-2018 school year, will identify schools in corrective action or restructuring under section 1116 of the ESEA or identify schools as priority and focus schools under ESEA flexibility. Therefore, consistent with section 5(e)(2) of the ESSA, the U.S. Department of Education (Department) will allow applicants to consider the following schools as low-performing schools: (1) Elementary and secondary schools identified, at the time of submission of an application under this competition, as in need of corrective action or restructuring under the ESEA, as amended by NCLB; (2) elementary and secondary schools identified, at the time of submission of an application under this competition, as a priority or focus school by a State under ESEA flexibility; and (3) secondary schools (both middle and high schools) in a State that are, at the time of submission of an application under this competition, equally as low-achieving as the Title I schools above and are eligible for, but do not receive, Title I funds.

    (ii) Other programs on campus or at partnering universities for the purpose of sharing resources, supporting program development and delivery, and addressing personnel shortages.

    (6) The project will use technology, as appropriate, to promote scholar learning and professional practice, enhance the efficiency of the project, collaborate with partners, and facilitate ongoing mentoring and support for scholars.

    (7) The project will ensure that scholars understand how to use technology to support student learning; and

    (8) The project will align with and use resources, as appropriate, available through technical assistance centers, which may include centers funded by the Department.

    Note:

    Use our “Find a Center” at www.osepideasthatwork.org for information about the Office of Special Education Programs (OSEP) funded national centers.

    (c) Demonstrate, in the narrative section of the application under “Quality of Project Evaluation,” how—

    (1) The applicant will use comprehensive and appropriate methodologies to evaluate how well the goals or objectives of the proposed project have been met, including the project processes and outcomes.

    (2) The applicant will collect, analyze, and use data related to specific and measurable goals, objectives, and outcomes of the project. To address this requirement, the applicant must describe—

    (i) How scholar competencies and other project processes and outcomes will be measured for formative evaluation purposes, including proposed instruments, data collection methods, and possible analyses; and

    (ii) How data on the quality of services provided by proposed project graduates, including data on the learning and developmental outcomes (e.g., academic, social, emotional, behavioral, meeting college- and career-ready standards) and on growth toward these outcomes of the children with disabilities who have high-intensity needs that the project graduates serve, will be collected and analyzed.

    Note:

    Following the completion of the project period, grantees are encouraged to engage in ongoing data collection activities.

    (3) The methods of evaluation will produce quantitative and qualitative data for objective performance measures that are related to the outcomes of the proposed project.

    (4) The methods of evaluation will provide performance feedback and allow for periodic assessment of progress towards meeting the project outcomes. To address this requirement, the applicant must describe how—

    (i) Results of the evaluation will be used as a basis for improving the proposed project to prepare special education, early intervention, or related services personnel to provide (a) focused instruction, and (b) intense individualized intervention(s) in an interdisciplinary team-based approach to improve outcomes of children with disabilities who have high-intensity needs; and

    (ii) The grantee will report the evaluation results to OSEP in its annual and final performance reports.

    (d) Demonstrate, in the narrative under “Project Assurances,” or appendices, as applicable, that the following program requirements are met. The applicant must—

    (1) Include, in the application as Appendix B, brief syllabi for required courses, seminars, and field experiences of the degree programs participating in the project, such as—

    (i) Syllabi for shared courses, seminars, and coordinated clinical experiences; and

    (ii) Proposed syllabi for new courses.

    (2) Ensure that a comprehensive set of completed syllabi, including syllabi created or revised as part of a project planning year, are submitted to OSEP by the end of Year 1 of the grant.

    (3) Ensure scholars will not be selected based on race, ethnicity, or national origin. Per the Supreme Court's decision in Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995), the Department does not allow the selection of individuals on the basis of race, ethnicity, or national origin. For this reason, grantees must ensure that any discussion of the recruitment of scholars based on race, ethnicity, or national origin distinguishes between increasing the pool of applicants and actually selecting scholars.

    (4) Ensure that the project will meet all requirements for grantees in disbursing scholarships as outlined in 34 CFR 304.22. Failure by a grantee to properly meet these requirements would be a violation of the grant award that could result in sanctions, including the grantee being liable for returning any misused funds to the Department. Specifically, before disbursement of scholarship assistance to an individual, a grantee must—

    (a) Ensure that the scholar—

    (1) Is a citizen or national of the United States;

    (2) Is a permanent resident of—

    (i) Puerto Rico, the United States Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands; or

    (ii) The Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau during the period in which these entities are eligible to receive an award under the Personnel Development to Improve Services and Results for Children with Disabilities program; or

    (3) Provides evidence from the U.S. Department of Homeland Security that the individual is—

    (i) A lawful permanent resident of the United States; or

    (ii) In the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident;

    (b) Limit the cost of attendance portion of the scholarship assistance (as discussed in 34 CFR 304.21(a)) to the amount by which the individual's cost of attendance at the institution exceeds the amount of grant assistance the scholar is to receive for the same academic year under title IV of the HEA; and

    (c) Obtain a Certification of Eligibility for Federal Assistance from each scholar, as prescribed in 34 CFR 75.60, 75.61, and 75.62.

    (5) Ensure that the project will meet all requirements in 34 CFR 304.23, particularly those related to informing all scholarship recipients of their service obligation commitment. Failure by a grantee to properly meet these requirements would be a violation of the grant award that could result in sanctions, including the grantee being liable for returning any misused funds to the Department. Specifically, the grantee must prepare, and ensure that each scholarship recipient signs, the following two documents:

    (i) A Pre-Scholarship Agreement prior to the scholar receiving a scholarship for an eligible program (Office of Management and Budget (OMB) Control Number 1820-0686); and

    (ii) An Exit Certification immediately upon the scholar leaving, completing, or otherwise exiting that program (OMB Control Number 1820-0686).

    (6) Ensure that prior approval from the OSEP project officer will be obtained before admitting additional scholars beyond the number of scholars proposed in the application and before transferring a scholar to another OSEP-funded grant.

    (7) Ensure that the project will meet the statutory requirements in section 662(e) through 662(h) of IDEA.

    (8) Ensure that at least 65 percent of the total requested budget over the five years will be used for scholar support. Applicants proposing to use Year 1 for program development may budget for less than 65 percent of the total requested budget over the five years for scholar support; instead 65 percent of the total award minus funds allocated for program development will be used to calculate the value of required scholar support.

    (9) Ensure that the institution of higher education (IHE) will not require scholars enrolled in the program to work (e.g., as graduate assistants) as a condition of receiving support (e.g., tuition, stipends) from the proposed project, unless the work is specifically related to the acquisition of scholars' competencies and the requirements for completion of their personnel preparation program. This prohibition on work as a condition of receiving support does not apply to the service obligation requirements in section 662(h) of IDEA.

    (10) Ensure that the budget includes attendance of the project director at a three-day project directors' meeting in Washington, DC, during each year of the project.

    (11) Ensure that the project director, key personnel, and scholars will actively participate in the cross-project collaboration, advanced trainings, and cross-site learning opportunities (e.g., webinars, briefings) organized by OSEP. This partnership will be used to build capacity of participants, increase the impact of funding, and innovative and interdisciplinary service delivery models across projects.

    (12) Ensure that if the project maintains a Web site, relevant information and documents are in a format that meets government or industry-recognized standards for accessibility.

    (13) Ensure that annual data will be submitted on each scholar who receives grant support (OMB Control Number 1820-0686). The primary purposes of the data collection are to track the service obligation fulfillment of scholars who receive funds from OSEP grants and to collect data for program performance measure reporting under the Government Performance and Results Act of 1993 (GPRA). Applicants are encouraged to visit the Personnel Development Program Data Collection System (DCS) Web site at https://pdp.ed.gov/osep for further information about this data collection requirement. Typically, data collection begins in January of each year, and grantees are notified by email about the data collection period for their grant, although grantees may submit data as needed, year round. This data collection must be submitted electronically by the grantee and does not supplant the annual grant performance report required of each grantee for continuation funding (see 34 CFR 75.590). Data collection includes the submission of a signed, completed Pre-Scholarship Agreement and Exit Certification for each scholar funded under an OSEP grant (see paragraph (4) of this section, subparagraphs (i) and (ii)).

    Focus Areas: Within this absolute priority, the Secretary intends to support interdisciplinary projects under the following two focus areas: (A) Preparing Personnel to Serve Infants, Toddlers, and Preschool-Age Children with Disabilities who have High-Intensity Needs; and (B) Preparing Personnel to Serve School-Age Children with Disabilities who have High-Intensity Needs.

    Note:

    Interdisciplinary projects are encouraged for personnel preparation programs serving educational interpreters, but are not required.

    Note:

    Applicants must identify the specific focus area (i.e., A or B) under which they are applying as part of the competition title on the application cover sheet (SF form 424, line 4). Applicants may not submit the same proposal under more than one focus area.

    Focus Area A: Preparing Personnel To Serve Infants, Toddlers, and Preschool-Age Children With Disabilities Who Have High-Intensity Needs. OSEP intends to fund nine awards under this focus area. For the purpose of Focus Area A, early intervention personnel are those who are prepared to provide services to infants and toddlers with disabilities ages birth to three, and early childhood personnel are those who are prepared to provide services to children with disabilities ages three through five (and in States where the age range is other than ages three through five, we will defer to the State's certification for early childhood). In States where certification in early intervention is combined with certification in early childhood, applicants may propose a combined early intervention and early childhood personnel preparation project under this focus area. For purposes of this focus area, interdisciplinary projects are projects that deliver core content through shared coursework, group assignments, and coordinated clinical experiences shared across disciplines for: (a) Early intervention providers or early childhood special educators and related services personnel who serve infants, toddlers, and preschool-age children with disabilities who have high-intensity needs; or (b) projects preparing only related services personnel to serve infants, toddlers, and preschool-age children with disabilities who have high-intensity needs.

    Note:

    In Focus Area A, OSEP intends to fund in FY 2017 at least three high-quality applications from Minority-Serving IHEs,8 including a minimum of one Historically Black College or University (HBCU) and, as a result, may fund applications out of rank order.

    8 For the purposes of this priority, the term “Minority-Serving IHEs” refers to IHEs with a minority enrollment of 50 percent or more, which may include Historically Black Colleges and Universities, Tribal Colleges, and Predominantly Hispanic Serving Colleges and Universities.

    Focus Area B: Preparing Personnel To Serve School-Age Children With Disabilities Who Have High-Intensity Needs. OSEP intends to fund 27 awards under this focus area. For the purpose of Focus Area B, personnel who serve children with disabilities who have high-intensity needs are special education teachers or related services providers prepared to serve school-age children with disabilities who have high-intensity needs. For purposes of this focus area, interdisciplinary projects are: (a) Projects that deliver core content through shared coursework, group assignments, and coordinated clinical experiences shared across disciplines for special education teachers and related services personnel who serve school-age children with disabilities who have high-intensity needs; or (b) projects preparing only related services personnel to serve school-age children with disabilities who have high-intensity needs.

    Note:

    In Focus Area B, OSEP intends to fund in FY 2017 at least eight high-quality applications from Minority-Serving IHEs including a minimum of two HBCUs and, as a result, may fund applications out of rank order.

    Note:

    A project funded under Focus Area A or B may budget for less than the 65 percent required for scholar support in Year 1 if the first year of the proposed project will be used for planning new or improved coursework, group assignments, or coordinated clinical experience needed to support interdisciplinary preparation for special education, early intervention, or related services personnel serving children with disabilities who have high-intensity needs, and the applicant can provide sufficient justification for a designation less than this required percentage. Sufficient justification for proposing less than 65 percent of the budget for scholar support in Year 1 would include support for activities, such as—

    (1) Program improvement to develop and deliver shared coursework, group assignments, and coordinated clinical experience needed to support interdisciplinary preparation for personnel across two or more master's, specialist or clinical doctorate degree programs (e.g., hiring of a new faculty member or consultant to assist in course development, providing professional development and training for faculty and clinical supervisors, negotiating agreements with schools to serve as sites for coordinated clinical experience). In the initial project year, scholar support would not be required. The project must demonstrate that the newly established coursework and coordinated clinical experience is approved and ready for implementation in order to receive continuation funds in Year 2.

    (2) Building capacity (e.g., hiring of a clinical practice supervisor, providing professional development and training for faculty) or purchasing needed resources (e.g., additional teaching supplies or specialized equipment to enhance instruction).

    Note:

    Applicants proposing projects to develop, expand, or add a new area of emphasis to special education, early intervention, or related services programs must provide, in their applications, information on how these new areas will be sustained once Federal funding ends.

    References Boe, E.E., deBettencourt, L., Dewey, J.F., Rosenberg, M.S., Sindelar, P.T., & Leko, C.D. (2013). Variability in demand for special education teachers: Indicators, explanations, and impacts. Exceptionality, 21, 103-125. Browder, D.M., Wood, L., Thompson, J., & Ribuffo, C. (2014). Evidence-based practices for students with severe disabilities (Document No. IC-3). Retrieved from University of Florida, Collaboration for Effective Educator, Development, Accountability, and Reform Center Web site: http://ceedar.education.ufl.edu/tool/innovation-configurations/. Individuals with Disabilities Education Act, 20 U.S.C. 1400, et seq. (2004). McLeskey, J., & Brownell, M. (2015). High-leverage practices and teacher preparation in special education (Document No. PR-1). Retrieved from University of Florida, Collaboration for Effective Educator, Development, Accountability, and Reform Center Web site: http://ceedar.education.ufl.edu/wp-content/uploads/2016/05/High-Leverage-Practices-and-Teacher-Preparation-in-Special-Education.pdf. National Professional Development Center on Inclusion. (August, 2011). Competencies for early childhood educators in the context of inclusion: Issues and guidance for States. Chapel Hill, NC: The University of North Carolina, FPG Child Development Institute, Author. Smith, J. (2010). An interdisciplinary approach to preparing early intervention professionals: A university and community collaborative initiative. Teacher Education and Special Education, 33(2), 131-142.

    Waiver of Proposed Rulemaking: Under the Administrative Procedure Act (APA) (5 U.S.C. 553) the Department generally offers interested parties the opportunity to comment on proposed priorities. Section 681(d) of IDEA, however, makes the public comment requirements of the APA inapplicable to the priority in this notice.

    Program Authority: 20 U.S.C. 1462 and 1481.

    Applicable Regulations: (a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 97, 98, and 99. (b) The Office of Management and Budget Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended as regulations of the Department in 2 CFR part 3474. (d) The regulations for this program in 34 CFR part 304.

    Note:

    The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes.

    Note:

    The regulations in 34 CFR part 86 apply to IHEs only.

    II. Award Information

    Type of Award: Discretionary grants.

    Estimated Available Funds: The Administration has requested $83,700,000 for the Personnel Development to Improve Services and Results for Children with Disabilities program for FY 2017, of which we intend to use an estimated $9,000,000 for this competition. The actual level of funding, if any, depends on final congressional action. However, we are inviting applications to allow enough time to complete the grant process if Congress appropriates funds for this program.

    Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2018 from the list of unfunded applicants from this competition.

    Estimated Range of Awards: See chart.

    Estimated Average Size of Awards: See chart.

    Maximum Award: See chart.

    Estimated Number of Awards: See chart.

    Project Period: See chart.

    Personnel Development To Improve Services and Results for Children With Disabilities (84.325K) Application Notice for Fiscal Year 2017 CFDA number and name Applications
  • available
  • Deadline for transmittal of applications Deadline for intergovern-
  • mental review
  • Estimated
  • range of
  • awards
  • Estimated
  • average size
  • of awards
  • Maximum
  • award for
  • each budget
  • period of 12
  • months
  • Estimated
  • number of
  • awards
  • Project
  • period
  • Contact person
    84.325K Interdisciplinary Preparation in Special Education, Early Intervention, and Related Services for Personnel Serving Children with Disabilities who have High-Intensity Needs January 3, 2017 March 6, 2017 May 3, 2017 Focus Area A: Preparing Personnel to Serve Infants, Toddlers, and Preschool-Age Children with Disabilities who have High-Intensity Needs $200,000-
  • $250,000
  • $250,000 * $250,000 9 Up to 60 mos Focus Area A or Minority Serving Institutions: Dawn Ellis, 202-245-6417, [email protected], Potomac Center Plaza, Room 5137.
    Focus Area B: Preparing Personnel to Serve School-Age Children with Disabilities who have High-Intensity Needs $200,000-
  • $250,000
  • $250,000 * $250,000 27 Up to 60 mos Focus Area B: Maryann McDermott, 202-245-7439, [email protected], Potomac Center Plaza, Room 5144.
  • or
  • Sarah Allen, 202-245-7875, [email protected], Potomac Center Plaza, Room 5144.
  • * We will reject any application that proposes a budget exceeding the maximum award for a single budget period of 12 months.
    Note:

    The Department is not bound by any estimates in this notice.

    Evaluation Period: In August 2013, the Department amended the EDGAR to authorize the award of an evaluation period after the end of the approved project period. 34 CFR 75.250 allows for an evaluation period for the sole purpose of data collection, analysis, and reporting. The full text of this regulation is included in the application package.

    Under 34 CFR 75.250(b) the Secretary has the authority to make data collection/analysis awards. By the terms of that section, the awards can only go to current grantees, may only be used for data collection, analysis and reporting and do not have to go through a formal competitive process.

    III. Eligibility Information

    1. Eligible Applicants: IHEs, private nonprofit organizations.

    2. Cost Sharing or Matching: This program does not require cost sharing or matching.

    3. Eligible Subgrantees: (a) Under 34 CFR 75.708(b) and (c) a grantee may award subgrants—to directly carry out project activities described in its application—to the following types of entities: IHEs and private nonprofit organizations suitable to carry out the activities proposed in the application.

    (b) The grantee may award subgrants to entities it has identified in an approved application.

    4. Other General Requirements:

    (a) Recipients of funding under this competition must make positive efforts to employ and advance in employment qualified individuals with disabilities (see section 606 of IDEA).

    (b) Each applicant for, and recipient of, funding must, with respect to the aspects of their proposed project, involve individuals with disabilities, or parents of individuals with disabilities ages birth through 26, in planning, implementing, and evaluating the project (see section 682(a)(1)(A) of IDEA).

    IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an application package via the Internet or from the Education Publications Center (ED Pubs). To obtain a copy via the Internet, use the following address: www.ed.gov/fund/grant/apply/grantapps/index.html. To obtain a copy from ED Pubs, write, fax, or call the following: ED Pubs, U.S. Department of Education, P.O. Box 22207, Alexandria, VA 22304. Telephone, toll free: 1-877-433-7827. FAX: (703) 605-6794. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call, toll free: 1-877-576-7734.

    You can contact ED Pubs at its Web site, also: www.EDPubs.gov or at its email address: [email protected].

    If you request an application from ED Pubs, be sure to identify this competition as follows: CFDA number 84.325K.

    Individuals with disabilities can obtain a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the person or team listed under Accessible Format in section VIII of this notice.

    2. Content and Form of Application Submission: Requirements concerning the content and form of an application, together with the forms you must submit, are in the application package for this competition.

    Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit Part III to no more than 50 pages, using the following standards:

    • A “page” is 8.5” x 11”, on one side only, with 1” margins at the top, bottom, and both sides.

    • Double-space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, reference citations, and captions, as well as all text in charts, tables, figures, graphs, and screen shots.

    • Use a font that is 12 point or larger.

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. An application submitted in any other font (including Times Roman or Arial Narrow) will not be accepted.

    The page limit and double-spacing requirements do not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the abstract (follow the guidance provided in the application package for completing the abstract), the table of contents, the list of priority requirements, the resumes, the reference list, the letters of support, or the appendices. However, the page limit and double-spacing requirements do apply to all of Part III, the application narrative, including all text in charts, tables, figures, graphs, and screen shots.

    We will reject your application if you exceed the page limit in the application narrative section, or if you apply standards other than those specified in this notice and the application package.

    3. Submission Dates and Times:

    Applications Available: January 3, 2017.

    Deadline for Transmittal of Applications: March 6, 2017.

    Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to Other Submission Requirements in section IV of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under For Further Information Contact in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.

    Deadline for Intergovernmental Review: May 3, 2017.

    4. Intergovernmental Review: This competition is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition.

    5. Funding Restrictions: We reference regulations outlining funding restrictions in the Applicable Regulations section of this notice.

    6. Data Universal Numbering System Number, Taxpayer Identification Number, and System for Award Management: To do business with the Department of Education, you must—

    a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the System for Award Management (SAM), the Government's primary registrant database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet at the following Web site: http://fedgov.dnb.com/webform. A DUNS number can be created within one to two business days.

    If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active.

    The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data you enter into the SAM database. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early.

    Note:

    Once your SAM registration is active, it may be 24 to 48 hours before you can access the information in, and submit an application through, Grants.gov.

    If you are currently registered with SAM, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements: Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications.

    Applications for grants under the Interdisciplinary Preparation in Special Education, Early Intervention, and Related Services for Personnel Serving Children with Disabilities who have High-Intensity Needs competition, CFDA number 84.325K, must be submitted electronically using the Governmentwide Grants.gov Apply site at www.Grants.gov. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.

    We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement.

    You may access the electronic grant application for the Interdisciplinary Preparation in Special Education, Early Intervention, and Related Services for Personnel Serving Children with Disabilities who have High-Intensity Needs competition at www.Grants.gov. You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.325, not 84.325K).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at www.G5.gov. In addition, for specific guidance and procedures for submitting an application through Grants.gov, please refer to the Grants.gov Web site at: www.grants.gov/web/grants/applicants/apply-for-grants.html.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: The Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a read-only, non-modifiable Portable Document Format (PDF). Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF (e.g., Word, Excel, WordPerfect, etc.) or submit a password-protected file, we will not review that material. Please note that this could result in your application not being considered for funding because the material in question—for example, the application narrative—is critical to a meaningful review of your proposal. For that reason it is important to allow yourself adequate time to upload all material as PDF files. The Department will not convert material from other formats to PDF. Additional, detailed information on how to attach files is in the application instructions.

    • Your electronic application must comply with any page-limit requirements described in this notice.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. This notification indicates receipt by Grants.gov only, not receipt by the Department. Grants.gov will also notify you automatically by email if your application met all the Grants.gov validation requirements or if there were any errors (such as submission of your application by someone other than a registered Authorized Organization Representative, or inclusion of an attachment with a file name that contains special characters). You will be given an opportunity to correct any errors and resubmit, but you must still meet the deadline for submission of applications.

    Once your application is successfully validated by Grants.gov, the Department will retrieve your application from Grants.gov and send you an email with a unique PR/Award number for your application.

    These emails do not mean that your application is without any disqualifying errors. While your application may have been successfully validated by Grants.gov, it must also meet the Department's application requirements as specified in this notice and in the application instructions. Disqualifying errors could include, for instance, failure to upload attachments in a read-only, non-modifiable PDF; failure to submit a required part of the application; or failure to meet applicant eligibility requirements. It is your responsibility to ensure that your submitted application has met all of the Department's requirements.

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues With the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under For Further Information Contact in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that the problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. We will contact you after we determine whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because--

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system;

    and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Maryann McDermott, U.S. Department of Education, 400 Maryland Avenue SW., Room 5144, Potomac Center Plaza, Washington, DC 20202-5108. FAX: (202) 245-7439.

    Your paper application must be submitted in accordance with the mail or hand-delivery instructions described in this notice.

    b. Submission of Paper Applications by Mail.

    If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.325K), LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    We will not consider applications postmarked after the application deadline date.

    c. Submission of Paper Applications by Hand Delivery.

    If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.325DK), 550 12th Street SW., Room 7039, Potomac Center Plaza, Washington, DC 20202-4260.

    The Application Control Center accepts hand deliveries daily between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications:

    If you mail or hand deliver your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition are from 34 CFR 75.210 and are listed in the application package.

    2. Review and Selection Process: We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the applicant in carrying out a previous award, such as the applicant's use of funds, achievement of project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.

    In addition, in making a competitive grant award, the Secretary requires various assurances, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    3. Additional Review and Selection Process Factors: In the past, the Department has had difficulty finding peer reviewers for certain competitions because so many individuals who are eligible to serve as peer reviewers have conflicts of interest. The standing panel requirements under section 682(b) of IDEA also have placed additional constraints on the availability of reviewers. Therefore, the Department has determined that for some discretionary grant competitions, applications may be separated into two or more groups and ranked and selected for funding within specific groups. This procedure will make it easier for the Department to find peer reviewers by ensuring that greater numbers of individuals who are eligible to serve as reviewers for any particular group of applicants will not have conflicts of interest. It also will increase the quality, independence, and fairness of the review process, while permitting panel members to review applications under discretionary grant competitions for which they also have submitted applications.

    4. Risk Assessment and Special Conditions: Consistent with 2 CFR 200.205, before awarding grants under this competition the Department conducts a review of the risks posed by applicants. Under 2 CFR 3474.10, the Secretary may impose special conditions and, in appropriate circumstances, high risk conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 2 CFR part 200, subpart D; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    5. Integrity and Performance System: If you are selected under this competition to receive an award that over the course of the project period may exceed the simplified acquisition threshold (currently $150,000), under 2 CFR 200.205(a)(2), we must make a judgment about your integrity, business ethics, and record of performance under Federal awards—that is, the risk posed by you as an applicant—before we make an award. In doing so, we must consider any information about you that is in the integrity and performance system (currently referred to as the Federal Awardee Performance and Integrity Information System (FAPIIS)), accessible through SAM. You may review and comment on any information about yourself that a Federal agency previously entered and that is currently in FAPIIS.

    Please note that, if the total value of your currently active grants, cooperative agreements, and procurement contracts from the Federal government exceeds $10,000,000, the reporting requirements in 2 CFR part 200, Appendix XII, require you to report certain integrity information to FAPIIS semiannually. Please review the requirements in 2 CFR part 200, Appendix XII, if this grant plus all the other Federal funds you receive exceed $10,000,000.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN); or we may send you an email containing a link to access an electronic version of your GAN. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multiyear award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    4. Performance Measures: Under GPRA, the Department has established a set of performance measures, including long-term measures, that are designed to yield information on various aspects of the effectiveness and quality of the Personnel Development to Improve Services and Results for Children with Disabilities program. These measures include: (1) The percentage of preparation programs that incorporate scientifically or evidence-based practices into their curricula; (2) the percentage of scholars completing preparation programs who are knowledgeable and skilled in evidence-based practices for children with disabilities; (3) the percentage of scholars who exit preparation programs prior to completion due to poor academic performance; (4) the percentage of scholars completing preparation programs who are working in the area(s) in which they were prepared upon program completion; and (5) the Federal cost per scholar who completed the preparation program.

    In addition, the Department will gather information on the following outcome measures: (1) The percentage of scholars who completed the preparation program and are employed in high-need districts; (2) the percentage of scholars who completed the preparation program and are employed in the field of special education for at least two years; and (3) the percentage of scholars who completed the preparation program and who are rated effective by their employers.

    Grantees may be asked to participate in assessing and providing information on these aspects of program quality.

    5. Continuation Awards: In making a continuation award under 34 CFR 75.253, the Secretary considers, among other things: Whether a grantee has made substantial progress in achieving the goals and objectives of the project; whether the grantee has expended funds in a manner that is consistent with its approved application and budget; and, if the Secretary has established performance measurement requirements, the performance targets in the grantee's approved application.

    In making a continuation award, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    VII. Agency Contact FOR FURTHER INFORMATION CONTACT:

    Maryann McDermott, U.S. Department of Education, 400 Maryland Avenue SW., Room 5144, Potomac Center Plaza, Washington, DC 20202-5108. Telephone: (202) 245-7439.

    If you use a TDD or a TTY, call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this document and a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the Management Support Services Team, U.S. Department of Education, 400 Maryland Avenue SW., Room 5113, Potomac Center Plaza, Washington, DC 20202-2500. Telephone: (202) 245-7363. If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or PDF. To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: December 28, 2016. Sue Swenson, Deputy Assistant Secretary, delegated the authority to perform the functions and duties of the Assistant Secretary.
    [FR Doc. 2016-31838 Filed 12-30-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2016-ICCD-0115] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Lender's Request for Payment of Interest and Special Allowance—LaRS AGENCY:

    Federal Student Aid (FSA), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before February 2, 2017.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2016-ICCD-0115. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 224-84, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Beth Grebeldinger, 202-377-4018.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Lender's Request for Payment of Interest and Special Allowance—LaRS.

    OMB Control Number: 1845-0013.

    Type of Review: An extension of an existing information collection.

    Respondents/Affected Public: Private Sector.

    Total Estimated Number of Annual Responses: 7,350.

    Total Estimated Number of Annual Burden Hours: 14,333.

    Abstract: The Department of Education (the Department) is submitting the Lender's Interest and Special Allowance Request & Report, ED Form 799 for approval. The information collected on the ED Form 799 is needed to pay interest and special allowance to holders of Federal Family Education Loans, for internal financial reporting, budgetary projections, and for audit and lender reviews by the Department, Servicers, External Auditors and General Accounting Office (GAO).

    The legal authority for collecting this information is Title IV, Part B of the Higher Education Act of 1965, as amended by the Higher Education Reconciliation Act of 2005 (“the HERA”), (Pub. L. 109-171). The Department is requesting the continual approval for regulatory sections 682.304 and 682.414.

    Dated: December 28, 2016. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2016-31776 Filed 12-30-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION National Advisory Committee on Institutional Quality and Integrity AGENCY:

    National Advisory Committee on Institutional Quality and Integrity, U.S. Department of Education.

    ACTION:

    Notice of membership.

    SUMMARY:

    This notice lists the members of the National Advisory Committee on Institutional Quality and Integrity (NACIQI). This notice is required under Section 114(e)(1) of the Higher Education Act of 1965, as amended (HEA).

    SUPPLEMENTARY INFORMATION:

    NACIQI's Statutory Authority and Functions

    NACIQI is established under Section 114 of the HEA, and is composed of 18 members appointed—

    (A) On the basis of the individuals' experience, integrity, impartiality, and good judgment;

    (B) From among individuals who are representatives of, or knowledgeable concerning, education and training beyond secondary education, representing all sectors and types of institutions of higher education; and,

    (C) On the basis of the individuals' technical qualifications, professional standing, and demonstrated knowledge in the fields of accreditation and administration of higher education.

    NACIQI meets at least twice a year and advises the Secretary of Education with respect to:

    • The establishment and enforcement of the standards of accrediting agencies or associations under subpart 2 of part G of Title IV of the HEA;

    • The recognition of specific accrediting agencies or associations;

    • The preparation and publication of the list of nationally recognized accrediting agencies and associations;

    • The eligibility and certification process for institutions of higher education under Title IV of the HEA and part C of subchapter I of chapter 34 of Title 42, together with recommendations for improvements in such process;

    • The relationship between (1) accreditation of institutions of higher education and the certification and eligibility of such institutions, and (2) State licensing responsibilities with respect to such institutions; and

    • Any other advisory functions relating to accreditation and institutional eligibility that the Secretary of Education may prescribe by regulation.

    ADDRESSES:

    U.S. Department of Education, Office of Postsecondary Education, 400 Maryland Ave. SW., Room 6W250, Washington, DC 20202.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Hong, Executive Director/Designated Federal Official, NACIQI, U.S. Department of Education, 400 Maryland Ave. SW., Room 6W250, Washington, DC 20202, telephone: (202) 453-7805, or email [email protected]

    What are the terms of office for the committee members?

    The term of office of each member is six years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of such term.

    Who are the current members of the committee?

    The current members of the NACIQI are:

    Members Appointed by the Secretary of Education With Terms Expiring September 30, 2019

    • Simon J. Boehme (Student Member), Independent Consultant, San Francisco, California.

    • Roberta L. Derlin, Ph.D., Associate Provost Emeritus, New Mexico State University, Albuquerque, New Mexico.

    • John Etchemendy, Ph.D., Provost, Stanford University, Stanford, California.

    • Susan D. Phillips, Ph.D., Former Provost and Vice President for Academic Affairs and Former Vice President for Strategic Partnerships, University at Albany/SUNY, Albany, New York.

    • Frank H. Wu, J.D., Distinguished Professor, University of California Hastings College of Law, San Francisco, California.

    • Federico Zaragoza, Ph.D., Vice Chancellor for Economic and Workforce Development, Alamo Colleges, San Antonio, Texas.

    Members Appointed by the Speaker of the House of Representatives With Terms Expiring September 30, 2020

    • Kathleen Sullivan Alioto, Ed.D., Strategic Advisor, Fundraiser, and Consultant, New York, New York, San Francisco, California, and Boston, Massachusetts.

    • George T. French, Jr., Ph.D., President, Miles College, Fairfield, Alabama.

    • Arthur E. Keiser, Ph.D., Chancellor and C.E.O., Keiser University, Fort Lauderdale, Florida.

    • Arthur J. Rothkopf, J.D., President Emeritus, Lafayette College, Washington, DC.

    • Ralph Wolff, J.D., Independent Policy Consultant, Oakland, California.

    • Vacant.

    Members Appointed by the President Pro Tempore of the Senate With Terms Expiring September 30, 2022

    • Jill Derby, Ph.D., Senior Consultant, Association of Governing Boards of Universities and Colleges, Gardnerville, Nevada.

    • Paul J. LeBlanc, Ph.D., President, Southern New Hampshire University, Manchester, New Hampshire.

    • Anne D. Neal, J.D., Senior Fellow, American Council of Trustees and Alumni, Washington, DC.

    • Richard F. O'Donnell, Founder and CEO, Skills Fund, Austin, Texas.

    • Steven Van Ausdle, Ph.D., President Emeritus, Walla Walla Community College, Walla Walla, Washington.

    • Vacant.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Authority:

    20 U.S.C. 1011c.

    John B. King, Jr., Secretary of Education.
    [FR Doc. 2016-31400 Filed 12-30-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2016-ICCD-0116] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Student Assistance General Provisions—Satisfactory Academic Progress Policy AGENCY:

    Federal Student Aid (FSA), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing a revision of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before February 2, 2017.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2016-ICCD-0116. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 224-84, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Beth Grebeldinger, 202-377-4018.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Student Assistance General Provisions—Satisfactory Academic Progress Policy.

    OMB Control Number: 1845-0108.

    Type of Review: A revision of an existing information collection.

    Respondents/Affected Public: State, Local, and Tribal Governments; Individuals and Households; Private Sector.

    Total Estimated Number of Annual Responses: 33,543,341.

    Total Estimated Number of Annual Burden Hours: 1,470,256.

    Abstract: The Department of Education (the Department) is making this request is for an extension of the current approval of the policies and procedures for determining satisfactory academic progress (SAP) as required in Section 484 of the Higher Education Act of 1965, as amended (HEA). These regulations identify the policies and procedures to ensure that students are making satisfactory academic progress in their program at a pace and a level to receive or continue to receive Title IV, HEA program funds. If there is lapse in progress, the policy must identify how the student will be notified and what steps are available to a student not making satisfactory academic progress toward the completion of their program, and under what conditions a student who is not making satisfactory academic progress may continue to receive Title IV, HEA program funds.

    Dated: December 28, 2016. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2016-31777 Filed 12-30-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Fusion Energy Sciences Advisory Committee (FESAC) AGENCY:

    Office of Science, Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Fusion Energy Sciences Advisory Committee. The Federal Advisory Committee Act requires that public notice of these meetings be announced in the Federal Register.

    DATES:

    February 1, 2017 8:30 a.m. to 5:00 p.m., February 2, 2017 8:30 a.m. to 12:00 noon.

    ADDRESSES:

    Gaithersburg Marriott Washingtonian Center, 9751 Washingtonian Boulevard, Gaithersburg, MD 20878.

    FOR FURTHER INFORMATION CONTACT:

    Edmund J. Synakowski, Designated Federal Officer, Office of Fusion Energy Sciences (FES), U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585-1290, Telephone: (301) 903-4941.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Committee: To provide advice on a continuing basis to the Director, Office of Science of the Department of Energy, on the many complex scientific and technical issues that arise in the development and implementation of the fusion energy sciences program.

    Tentative Agenda Items • DOE/SC Perspective • FES Perspective • Update on the ITER Project • Status of the NSTX-U Project • Update on the Wendelstein 7-X Project • Public Comment • Adjourn Note:

    Remote attendance of the FESAC meeting will be possible via Zoom. Instructions will be posted on the FESAC Web site (http://science.energy.gov/fes/fesac/meetings/) prior to the meeting and can also be obtained by contacting Dr. Samuel J. Barish by email [email protected] or by phone (301) 903-2917.

    Public Participation: The meeting is open to the public. If you would like to file a written statement with the Committee, you may do so either before or after the meeting. If you would like to make an oral statement regarding any of the items on the agenda, you should contact Dr. Samuel J. Barish by fax at (301) 903-1233 or email at [email protected] Reasonable provision will be made to include the scheduled oral statements during the Public Comments time on the agenda. The Chairperson of the Committee will conduct the meeting to facilitate the orderly conduct of business. Public comment will follow the 10-minute rule.

    Minutes: The minutes of the meeting will be available for public review and copying within 30 days on the Fusion Energy Sciences Advisory Committee Web site at http://science.energy.gov/fes/fesac/.

    Issued at Washington, DC, on December 23, 2016. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2016-31804 Filed 12-30-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation AGENCY:

    Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge Reservation. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Wednesday, January 11, 2017 6:00 p.m.

    ADDRESSES:

    Department of Energy Information Center, Office of Science and Technical Information, 1 Science.gov Way, Oak Ridge, Tennessee 37831.

    FOR FURTHER INFORMATION CONTACT:

    Melyssa P. Noe, Alternate Deputy Designated Federal Officer, U.S. Department of Energy, Oak Ridge Office of Environmental Management, P.O. Box 2001, EM-942, Oak Ridge, TN 37831. Phone (865) 241-3315; Fax (865) 241-6932; Email: [email protected] Or visit the Web site at www.energy.gov/orssab.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.

    Tentative Agenda • Welcome and Announcements • Comments from the Deputy Designated Federal Officer (DDFO) • Comments from the DOE, Tennessee Department of Environment and Conservation, and Environmental Protection Agency Liaisons • Public Comment Period • Discussion: Ongoing Groundwater Efforts • Additions/Approval of Agenda • Motions/Approval of November 9, 2016 Meeting Minutes • Status of Recommendations with DOE • Committee Reports • Alternate DDFO Report • Adjourn

    Public Participation: The EM SSAB, Oak Ridge, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Melyssa P. Noe at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to the agenda item should contact Melyssa P. Noe at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.

    Minutes: Minutes will be available by writing or calling Melyssa P. Noe at the address and phone number listed above. Minutes will also be available at the following Web site: www.energy.gov/orssab.

    Issued at Washington, DC, on December 23, 2016. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2016-31810 Filed 12-30-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Nevada AGENCY:

    Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Nevada. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Wednesday, January 18, 2017 4:00 p.m.

    ADDRESSES:

    Frank H. Rogers Science and Technology Building, 755 East Flamingo, Las Vegas, Nevada 89119.

    FOR FURTHER INFORMATION CONTACT:

    Barbara Ulmer, Board Administrator, 232 Energy Way, M/S 167, North Las Vegas, Nevada 89030. Phone: (702) 630-0522; Fax (702) 295-2025 or Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.

    Tentative Agenda 1. Briefing for Corrective Action Alternatives for Corrective Action Unit 576, Miscellaneous Radiological Site and Debris—Work Plan Item #1 2. Briefing for Internal Peer Review Process Improvement—Work Plan Item #6

    Public Participation: The EM SSAB, Nevada, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Barbara Ulmer at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral presentations pertaining to agenda items should contact Barbara Ulmer at the telephone number listed above. The request must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments can do so during the 15 minutes allotted for public comments.

    Minutes: Minutes will be available by writing to Barbara Ulmer at the address listed above or at the following Web site: http://www.nnss.gov/NSSAB/pages/MM_FY17.html.

    Issued at Washington, DC, on December 23, 2016. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2016-31808 Filed 12-30-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Portsmouth AGENCY:

    Department of Energy (DOE).

    ACTION:

    Notice of Open Meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Portsmouth. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Thursday, January 12, 2017 6:00 p.m.

    ADDRESSES:

    Ohio State University, Endeavor Center, 1862 Shyville Road, Piketon, Ohio 45661.

    FOR FURTHER INFORMATION CONTACT:

    Greg Simonton, Alternate Deputy Designated Federal Officer, Department of Energy Portsmouth/Paducah Project Office, Post Office Box 700, Piketon, Ohio 45661, (740) 897-3737, [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management and related activities.

    Tentative Agenda • Call to Order, Introductions, Review of Agenda • Approval of November 2016 Minutes • Deputy Designated Federal Officer's Comments • Federal Coordinator's Comments • Liaison's Comments • Presentation • Administrative Issues • Subcommittee Updates • Public Comments • Final Comments from the Board • Adjourn

    Public Participation: The meeting is open to the public. The EM SSAB, Portsmouth, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Greg Simonton at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Greg Simonton at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.

    Minutes: Minutes will be available by writing or calling Greg Simonton at the address and phone number listed above. Minutes will also be available at the following Web site: http://www.ports-ssab.energy.gov/.

    Issued at Washington, DC, on December 23, 2016. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2016-31807 Filed 12-30-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Northern New Mexico AGENCY:

    Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Northern New Mexico. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Wednesday, January 25, 2017 1:00 p.m.-5:15 p.m.

    ADDRESSES:

    Ohkay Conference Center, Highway 68, 1 Mile North of Española, Ohkay Owingeh, New Mexico 87566.

    FOR FURTHER INFORMATION CONTACT:

    Menice Santistevan, Northern New Mexico Citizens' Advisory Board (NNMCAB), 94 Cities of Gold Road, Santa Fe, NM 87506. Phone (505) 995-0393; Fax (505) 989-1752 or Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.

    Tentative Agenda • Call to Order • Welcome and Introductions • Approval of Agenda and Meeting Minutes of November 15, 2016 • Old Business ○ Report from Chair • New Business • Update from Co-Deputy Designated Federal Officers and Executive Director ○ 2017 Meeting Schedule • Update on Technical Area 21 • Break • Presentation: EM Los Alamos Field Office Fiscal Year 2016 Accomplishments • Public Comment Period • Updates from EM Los Alamos Field Office and New Mexico Environment Department • Wrap-Up Comments from NNMCAB Members • Adjourn

    Public Participation: The EM SSAB, Northern New Mexico, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Menice Santistevan at least seven days in advance of the meeting at the telephone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Menice Santistevan at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.

    Minutes: Minutes will be available by writing or calling Menice Santistevan at the address or phone number listed above. Minutes and other Board documents are on the Internet at: http://energy.gov/em/nnmcab/northern-new-mexico-citizens-advisory-board.

    Issued at Washington, DC, on December 23, 2016. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2016-31803 Filed 12-30-16; 8:45 am] BILLING CODE 6405-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Savannah River Site AGENCY:

    Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Savannah River Site. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Monday, January 23, 2017—1:00 p.m.-4:45 p.m. Tuesday, January 24, 2017—8:30 a.m.-4:00 p.m. ADDRESSES:

    Marriott, One Hotel Circle, Hilton Head Island, SC 29928

    FOR FURTHER INFORMATION CONTACT:

    James Giusti, Office of External Affairs, Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC, 29802; Phone: (803) 952-7684.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.

    Tentative Agenda Monday, January 23, 2017 Opening and Agenda Review Combined Committees Session Order of committees: • Facilities Disposition & Site Remediation • Strategic & Legacy Management • Waste Management • Nuclear Materials • Administrative & Outreach Public Comments Adjourn Tuesday, January 24, 2017 Opening, Minutes Approval, Chair Update, and Agenda Review Agency Updates Public Comments Break Administrative & Outreach Committee Update • Voting for Committee Chairs • Voting on Standard Operating Procedure • Recognition of Outgoing Members Facilities Disposition & Site Remediation Committee Update Lunch Break Strategic & Legacy Management Committee Update Waste Management Committee Update Public Comments Break Nuclear Materials Committee Update Public Comments Adjourn

    Public Participation: The EM SSAB, Savannah River Site, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact James Giusti at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact James Giusti's office at the address or telephone listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.

    Minutes: Minutes will be available by writing or calling James Giusti at the address or phone number listed above. Minutes will also be available at the following Web site: http://cab.srs.gov/srs-cab.html.

    Issued at Washington, DC, on December 23, 2016. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2016-31802 Filed 12-30-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Paducah AGENCY:

    Department of Energy (DOE).

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Paducah. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Thursday, January 19, 2017 6:00 p.m.

    ADDRESSES:

    Barkley Centre, 111 Memorial Drive, Paducah, Kentucky 42001.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Woodard, Deputy Designated Federal Officer, Department of Energy Paducah Site Office, Post Office Box 1410, MS-103, Paducah, Kentucky 42001, (270) 441-6825.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management and related activities.

    Tentative Agenda • Call to Order, Introductions, Review of Agenda • Administrative Issues • Public Comments (15 minutes) • Adjourn

    Breaks Taken As Appropriate

    Public Participation: The EM SSAB, Paducah, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Jennifer Woodard as soon as possible in advance of the meeting at the telephone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Jennifer Woodard at the telephone number listed above. Requests must be received as soon as possible prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments. The EM SSAB, Paducah, will hear public comments pertaining to its scope (clean-up standards and environmental restoration; waste management and disposition; stabilization and disposition of non-stockpile nuclear materials; excess facilities; future land use and long-term stewardship; risk assessment and management; and clean-up science and technology activities). Comments outside of the scope may be submitted via written statement as directed above.

    Minutes: Minutes will be available by writing or calling Jennifer Woodard at the address and phone number listed above. Minutes will also be available at the following Web site: http://www.pgdpcab.energy.gov/2017_meetings.htm.

    Issued at Washington, DC, on December 23, 2016. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2016-31809 Filed 12-30-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER11-4267-009; ER10-2682-009; ER11-113-010; ER11-4268-009; ER11-4269-010; ER11-4270-009; ER11-4694-006; ER12-1680-007.

    Applicants: Algonquin Energy Services Inc., Algonquin Power Windsor Locks LLC, Algonquin Tinker Gen Co., Algonquin Northern Maine Gen Co., Sandy Ridge Wind, LLC, Granite State Electric Company, Minonk Wind, LLC, GSG 6, LLC.

    Description: Triennial Market Power Update for the Northeast Region and Notice of Change in Status of Algonquin Energy Services Inc., et al.

    Filed Date: 12/22/16.

    Accession Number: 20161222-5588, 20161222-5590, 20161223-5327.

    Comments Due: 5 p.m. ET 2/21/17.

    Docket Numbers: ER15-2013-004, ER15-2020-003.

    Applicants: Talen Energy Marketing, LLC, Talen Montana, LLC.

    Description: Triennial Market Rate Based Update for Northwest Region of Talen Energy Marketing, LLC, et. al.

    Filed Date: 12/22/16.

    Accession Number: 20161222-5586.

    Comments Due: 5 p.m. ET 2/21/17.

    Docket Numbers: ER17-654-000.

    Applicants: Arlington Valley Solar Energy II, LLC.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5245.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-655-000.

    Applicants: Bluegrass Generation Company, L.L.C.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5254.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-656-000.

    Applicants: Carville Energy LLC.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5263.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-657-000.

    Applicants: Centinela Solar Energy, LLC.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5269.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-658-000.

    Applicants: Cherokee County Cogeneration Partners, LLC.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5272.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-659-000.

    Applicants: Columbia Energy LLC.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5273.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-660-000.

    Applicants: Decatur Energy Center, LLC.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5274.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-661-000.

    Applicants: DeSoto County Generating Company, LLC.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5275.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-662-000.

    Applicants: Doswell Limited Partnership.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5282.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-663-000.

    Applicants: Las Vegas Power Company, LLC.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5283.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-664-000.

    Applicants: LS Power Marketing, LLC.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5284.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-665-000.

    Applicants: LSP University Park, LLC.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5287.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-666-000.

    Applicants: Mobile Energy LLC.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5292.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-667-000.

    Applicants: Renaissance Power, L.L.C.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5295.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-668-000.

    Applicants: Riverside Generating Company, L.L.C.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5299.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-669-000.

    Applicants: Santa Rosa Energy Center, LLC.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5305.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-670-000.

    Applicants: Seneca Generation, LLC.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5306.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-671-000.

    Applicants: University Park Energy, LLC.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5307.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-672-000.

    Applicants: Wallingford Energy LLC.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5308.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-673-000.

    Applicants: West Deptford Energy, LLC.

    Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/24/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5309.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-674-000.

    Applicants: RRI Energy Services, LLC.

    Description: Tariff Cancellation: Notice of Termination for FERC Electric Tariff, Original Volume No. 2 to be effective 12/23/2016.

    Filed Date: 12/23/16.

    Accession Number: 20161223-5313.

    Comments Due: 5 p.m. ET 1/13/17.

    Docket Numbers: ER17-675-000.

    Applicants: Duke Energy Carolinas, LLC.

    Description: § 205(d) Rate Filing: Amendment to SCPSA and CEPCI NITSA and Metering Agreements to be effective 1/1/2017.

    Filed Date: 12/27/16.

    Accession Number: 20161227-5035.

    Comments Due: 5 p.m. ET 1/17/17.

    Docket Numbers: ER17-676-000.

    Applicants: Midcontinent Independent System Operator, Inc. Wolverine Power Supply Cooperative, Inc., Norton Rose Fulbright US LLP.

    Description: § 205(d) Rate Filing: 2016-12-27_SA 2989 Wolverine-Spartan Renewable GIOA to be effective 12/30/2016.

    Filed Date: 12/27/16.

    Accession Number: 20161227-5038.

    Comments Due: 5 p.m. ET 1/17/17.

    Docket Numbers: ER17-677-000.

    Applicants: Midcontinent Independent System Operator, Inc., Norton Rose Fulbright US LLP, Wolverine Power Supply Cooperative, Inc.

    Description: § 205(d) Rate Filing: 2016-12-27_SA 2990 Wolverine-Spartan Renewable WDS to be effective 12/30/2016.

    Filed Date: 12/27/16.

    Accession Number: 20161227-5043.

    Comments Due: 5 p.m. ET 1/17/17.

    Docket Numbers: ER17-678-000.

    Applicants: Midcontinent Independent System Operator, Inc., American Transmission Systems, Incorporated.

    Description: § 205(d) Rate Filing: 2016-12-27_SA 2923 ATC-Quilt Block Wind Farm E&P (J395) Notice of Termination to be effective 12/28/2016.

    Filed Date: 12/27/16.

    Accession Number: 20161227-5049.

    Comments Due: 5 p.m. ET 1/17/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: December 27, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-31840 Filed 12-30-16; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2015-0021; FRL-9956-39] Pesticide Product Registrations; Receipt of Applications for New Active Ingredients AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has received applications to register pesticide products containing active ingredients not included in any 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.

    DATES:

    Comments must be received on or before February 2, 2017.

    ADDRESSES:

    Submit your comments, identified by the Docket Identification (ID) Number and the File Symbol of interest as shown in the body of this document, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Robert McNally, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. General Information A. Does this action apply to me?

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

    B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low-income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, EPA seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticides discussed in this document, compared to the general population.

    II. Registration Applications

    EPA has received applications to register pesticide products containing active ingredients not included in any 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 opportunity to comment on these applications. Notice of receipt of these applications does not imply a decision by EPA on these applications. For actions being evaluated under EPA's public participation process for registration actions, there will be an additional opportunity for public comment on the proposed decisions. Please see EPA's public participation Web site for additional information on this process (http://www2.epa.gov/pesticide-registration/public-participation-process-registration-actions). EPA received the following applications to register pesticide products containing active ingredients not included in any currently registered pesticide products:

    1. File Symbol: 67690-TT. Docket ID Number: EPA-HQ-OPP-2016-0251. Applicant: SePRO Corporation, 11550 North Meridian St., Suite 600, Carmel, IN 46032-4565. Product Name: Zio. Active Ingredient: Fungicide—Pseudomonas chlororaphis strain AFS009 at 50.0%. Proposed Use: Turf and ornamental plants.

    2. File Symbol: 71840-EA. Docket ID Number: EPA-HQ-OPP-2016-0689. Applicant: BASF Corporation, 26 Davis Dr., P.O. Box 13528, Research Triangle Park, NC 27709. Product Name: Velondis Plus. Active Ingredients: Fungicide—Bacillus subtilis strain BU1814 at 1.706% and Bacillus amyloliquefaciens strain MBI 600 at 3.132%. Proposed Use: Seed treatment.

    3. File Symbol: 71840-EG. Docket ID Number: EPA-HQ-OPP-2016-0689. Applicant: BASF Corporation, 26 Davis Dr., P.O. Box 13528, Research Triangle Park, NC 27709. Product Name: Bacillus subtilis strain BU1814 Technical. Active Ingredient: Fungicide—Bacillus subtilis strain BU1814 at 100%. Proposed Use: Manufacturing use.

    4. File Symbol: 71840-EL. Docket ID Number: EPA-HQ-OPP-2016-0689. Applicant: BASF Corporation, 26 Davis Dr., P.O. Box 13528, Research Triangle Park, NC 27709. Product Name: Velondis Flex. Active Ingredient: Fungicide—Bacillus subtilis strain BU1814 at 1.706%. Proposed Use: Seed treatment.

    5. File Symbol: 71840-EU. Docket ID Number: EPA-HQ-OPP-2016-0689. Applicant: BASF Corporation, 26 Davis Dr., P.O. Box 13528, Research Triangle Park, NC 27709. Product Name: Velondis Extra. Active Ingredients: Fungicide—Bacillus subtilis strain BU1814 at 0.213% and Bacillus amyloliquefaciens strain MBI 600 at 3.915%. Proposed Use: Seed treatment.

    6. File Symbol: 90641-E. Docket ID Number: EPA-HQ-OPP-2016-0652. Applicant: Technology Sciences Group, Inc., 1150 18th St. NW., Suite 1000, Washington, DC 20036 (on behalf of Bee Vectoring Technology, Inc., 4160 Sladeview Crescent #7, Mississauga, Ontario L5L 0A1, Canada). Product Name: Vectorite with CR-7. Active Ingredient: Fungicide—Clonostachys rosea strain CR-7 at 4.2%. Proposed Use: Agricultural use.

    7. File Symbol: 90641-R. Docket ID Number: EPA-HQ-OPP-2016-0652. Applicant: Technology Sciences Group, Inc., 1150 18th St. NW., Suite 1000, Washington, DC 20036 (on behalf of Bee Vectoring Technology, Inc., 4160 Sladeview Crescent #7, Mississauga, Ontario L5L 0A1, Canada). Product Name: CR-7 Technical. Active Ingredient: Fungicide—Clonostachys rosea strain CR-7 at 50%. Proposed Use: Manufacturing use.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: December 20, 2016. Robert McNally, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.
    [FR Doc. 2016-31831 Filed 12-30-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2015-0022; FRL-9956-33] Pesticide Product Registrations; Receipt of Applications for New Uses AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

    DATES:

    Comments must be received on or before February 2, 2017.

    ADDRESSES:

    Submit your comments, identified by the Docket Identification (ID) Number and the EPA Registration Number of interest as shown in the body of this document, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Michael Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: [email protected]

    SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me?

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

    B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low-income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, EPA seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticides discussed in this document, compared to the general population.

    II. Registration Applications

    EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. 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 opportunity to comment on these applications. Notice of receipt of these applications does not imply a decision by EPA on these applications. For actions being evaluated under EPA's public participation process for registration actions, there will be an additional opportunity for public comment on the proposed decisions. Please see EPA's public participation Web site for additional information on this process (http://www2.epa.gov/pesticide-registration/public-participation-process-registration-actions). EPA received the following applications to register new uses for pesticide products containing currently registered active ingredients:

    1. EPA Registration Numbers: 100-739, 100-1262, 100-1312, 100-1313, 100-1317, and 100-1554. Docket ID Number: EPA-HQ-OPP-2016-0254. Applicant: Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419. Active Ingredient: Difenoconazole. Product Type: Fungicide. Proposed Use: Cranberry; Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F; Guava; Kohlrabi; Papaya; Crop group conversion from Brassica, leafy greens, subgroup 5B to Brassica, leafy greens, subgroup 4-16B; and Crop group conversion from Brassica, head and stem, subgroup 5A to Vegetable, brassica, head and stem, group 5-16.

    2. EPA Registration Number: 100-1481. Docket ID Number: EPA-HQ-OPP-2016-0640. Applicant: Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419. Active Ingredient: Indoxacarb. Product Type: Insecticide. Proposed Use: Commercial ornamental plant nurseries, pastures grazed by horses and other companion animals not used for consumption, and sod farms.

    3. EPA Registration Numbers: 59639-139, 59639-140, and 59639-141. Docket ID Number: EPA-HQ-OPP-2016-0257. Applicant: Valent USA Corporation, P.O. Box 8025, Walnut Creek, CA 94596. Active Ingredient: Fluopicolide. Product Type: Fungicide. Proposed Use: Basil; Beans, succulent; Fruit, citrus, crop group 10-10; Hop, dried cones; Crop group conversion from Vegetable, fruiting, crop group 8 to Vegetable, fruiting, crop group 8-10; and Crop group expansion from Grape to Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: December 20, 2016. Robert McNally, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.
    [FR Doc. 2016-31829 Filed 12-30-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2016-0264; FRL-9957-21] Agency Information Collection Activities; Proposed Renewal of an Existing Collection (EPA ICR No. 1246.13); Comment Request AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICR, entitled: “Reporting and Recordkeeping for Asbestos Abatement Worker Protection” and identified by EPA ICR No. 1246.13 and OMB Control No. 2070-0072, represents the renewal of an existing ICR that is scheduled to expire on August 31, 2017. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

    DATES:

    Comments must be received on or before March 6, 2017.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2016-0264, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Lea Carmichael, National Program Chemicals Division (7404T), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-4689; email address: [email protected]

    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)), EPA specifically solicits comments and information to enable it to:

    1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility.

    2. Evaluate the accuracy of the Agency's estimates of the burden of the proposed collection of information, including the validity of the methodology and assumptions used.

    3. Enhance the quality, utility, and clarity of the information to be collected.

    4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection.

    II. What information collection activity or ICR does this action apply to?

    Title: Reporting and Recordkeeping for Asbestos Abatement Worker Protection.

    ICR number: EPA ICR No. 1246.13.

    OMB control number: OMB Control No. 2070-0072.

    ICR status: This ICR is currently scheduled to expire on August 31, 2017. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the Code of Federal Regulations (CFR), after appearing in the Federal Register when approved, are listed in 40 CFR part 9, are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

    Abstract: EPA's asbestos worker protection rule is designed to provide occupational exposure protection to state and local government employees who are engaged in asbestos abatement activities in states that do not have state plans approved by the Occupational Safety and Health Administration (OSHA). The rule provides protection for public employees not covered by the OSHA standard from the adverse health effects associated with occupational exposure to asbestos. Specifically, the rule requires state and local governments to monitor employee exposure to asbestos, take action to reduce exposure to asbestos, monitor employee health and train employees about asbestos hazards.

    The rule includes a number of information reporting and recordkeeping requirements. State and local government agencies are required to provide employees with information about exposures to asbestos and the associated health effects. The rule also requires state and local governments to notify EPA before commencing any asbestos abatement project. State and local governments must maintain medical surveillance and monitoring records and training records on their employees, must establish a set of written procedures for respirator programs and must maintain procedures and records of respirator fit tests. EPA will use the information to monitor compliance with the asbestos worker protection rule. This request addresses these reporting and recordkeeping requirements.

    Responses to the collection of information are mandatory (see 40 CFR 763 Subpart G). EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in the Toxic Substances Control Act (TSCA) and 40 CFR part 2.

    Burden statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 0.32 hours per response. Burden is defined in 5 CFR 1320.3(b).

    The ICR, which is available in the docket along with other related materials, provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized here:

    Respondents/Affected Entities: Entities potentially affected by this ICR are state and local government employers in 24 states, the District of Columbia, and certain U.S. Territories that have employees engaged in asbestos-related construction, custodial and brake and clutch repair activities without OSHA-approved state plans.

    Estimated total number of potential respondents: 23,437.

    Frequency of response: On occasion.

    Estimated total average number of responses for each respondent: 49.9.

    Estimated total annual burden hours: 372,969 hours.

    Estimated total annual costs: $ 15,763,007. This includes an estimated burden cost of $ 15,763,007 and an estimated cost of $ 0 for capital investment or maintenance and operational costs.

    III. Are there changes in the estimates from the last approval?

    There is an overall increase of 9,452 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This change reflects an increase of 24,371 hours to account for updates made from previous ICRs to standardize methodology and a decrease of 14,919 hours due to Maine's new status of having an OSHA-approved state plan whereby its entities are no longer covered under this ICR. This change is an adjustment.

    IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue another Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT.

    Authority:

    44 U.S.C. 3501 et seq.

    Dated: December 22, 2016. James Jones, Assistant Administrator, Office of Chemical Safety and Pollution Prevention.
    [FR Doc. 2016-31821 Filed 12-30-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OGC-2016-0776; FRL 9957-83-OGC] Proposed Consent Decree, Clean Air Act Citizen Suit AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of Proposed Consent Decree; Request for Public Comment.

    SUMMARY:

    In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the “Act”), notice is hereby given of a proposed consent decree to address a lawsuit filed by Citizens for Clean Air and Sierra Club (“Plaintiffs”) in the United States District Court for the Western District of Washington: Citizens for Clean Air, et al. v. McCarthy, et al. No. 2:16-cv-01594-RAJ (W.D. WA.). On October 11, 2016, Plaintiffs filed a lawsuit alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency and Dennis McLerran, in his official capacity as Regional Administrator of the United States Environmental Protection Agency, Region 10 (collectively, “EPA”), failed to perform a duty mandated by CAA to make a determination as to whether the Fairbanks North Star Borough nonattainment area in Alaska attained the 2006 24-hour PM2.5 NAAQS by December 31, 2015, and to publish a notice of that determination within six months of that date. If EPA determines that the area did not attain the 2006 24-hour PM2.5 NAAQS by December 31, 2015, then the nonattainment area will be reclassified from “moderate” to a “serious” for these NAAQS. The proposed consent decree would establish deadlines for EPA to take certain specified actions.

    DATES:

    Written comments on the proposed consent decree must be received by February 2, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID number EPA-HQ-OGC-2016-0776, online at www.regulations.gov. For comments submitted at www.regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA generally will not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the For Further Information Contact section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Geoffrey L. Wilcox, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-5601; fax number: (202) 564-5603; email address: [email protected].

    SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by the Plaintiffs seeking to compel EPA to make a determination required under CAA section 188(b)(2), as to whether the Fairbanks North Star Borough nonattainment area in Alaska attained the 2006 24-hour PM2.5 NAAQS by December 31, 2015. Under the terms of the proposed consent decree, no later than April 28, 2017, EPA will be required to sign a notice of final rulemaking determining whether the Fairbanks North Star Borough area attained the 2006 24-hour PM2.5 NAAQS by December 31, 2015. If EPA determines that the area did not attain the NAAQS by that date, then EPA must reclassify the area as a “serious” nonattainment area for the 2006 24-hour PM2.5 NAAQS pursuant to CAA section 188(b)(2). By statute, reclassification from “moderate” to “serious” is required by operation of law for an area that fails to attain the NAAQS by the outermost permissible attainment date for moderate nonattainment areas. This reclassification would obligate the State of Alaska to submit an attainment plan for the area that meets statutory and regulatory requirements applicable to a serious nonattainment area for these NAAQS. Under the proposed consent decree, EPA will also be required to deliver the signed final notice to the Office of Federal Register for review and publication within 15 business days after signature. See the proposed consent decree for the specific details.

    For a period of thirty (30) days following the date of publication of this notice, the Agency will accept written comments relating to the proposed consent decree from persons who are not named as parties or intervenors to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed consent decree if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determines that consent to this proposed consent decree should be withdrawn, the terms of the consent decree will be affirmed.

    II. Additional Information About Commenting on the Proposed Consent Decree A. How can I get a copy of the proposed consent decree?

    The official public docket for this action (identified by EPA-HQ-OGC-2016-0776) contains a copy of the proposed consent decree. The official public docket is available for public viewing at the Office of Environmental Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OEI Docket is (202) 566-1752.

    An electronic version of the public docket is available through www.regulations.gov. You may use www.regulations.gov to submit or view public comments, access the index listing of the contents of the official public docket, and access those documents in the public docket that are available electronically. Once in the system, key in the appropriate docket identification number then select “search”.

    It is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing online at www.regulations.gov without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. Information claimed as CBI and other information whose disclosure is restricted by statute is not included in the official public docket or in the electronic public docket. EPA's policy is that copyrighted material, including copyrighted material contained in a public comment, will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the EPA Docket Center.

    B. How and to whom do i submit comments?

    You may submit comments as provided in the ADDRESSES section. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments.

    If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment and with any disk or CD-ROM you submit. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.

    Use of the www.regulations.gov Web site to submit comments to EPA electronically is EPA's preferred method for receiving comments. The electronic public docket system is an “anonymous access” system, which means EPA will not know your identity, email address, or other contact information unless you provide it in the body of your comment. In contrast to EPA's electronic public docket, EPA's electronic mail (email) system is not an “anonymous access” system. If you send an email comment directly to the Docket without going through www.regulations.gov, your email address is automatically captured and included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket.

    Dated: December 22, 2016. Gautam Srinivasan, Acting Associate General Counsel.
    [FR Doc. 2016-31822 Filed 12-30-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2011-0855; FRL-9955-72] Paraquat Dichloride Human Health Mitigation Decision; Notice of Availability AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    This notice announces the availability of EPA's human health mitigation decision for the pesticide paraquat dichloride, case 0262. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without causing unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment. EPA may pursue mitigation at any time during the registration review process if it finds that a pesticide poses unreasonable adverse effects to human health or the environment. Based on the number and severity of paraquat human health incidents, the EPA believes that the mitigation measures outlined in this human health mitigation decision are necessary to address identified human health risk concerns.

    FOR FURTHER INFORMATION CONTACT:

    For pesticide specific information, contact: Marianne Mannix, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 347-0275; email address: [email protected]

    For general information on the registration review program, contact: Richard Dumas, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 308-8015; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. General Information A. Does this action apply to me?

    This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, farm worker, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the pesticide specific contact person listed under FOR FURTHER INFORMATION CONTACT.

    B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2011-0855, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    II. What action is the agency taking?

    Pursuant to 40 CFR 155.58(c), this notice announces the availability of EPA's human health mitigation decision for paraquat dichloride, case 0262. Paraquat is a widely used broad spectrum herbicide for the control of weeds in many agricultural and non-agricultural settings. It is also used as a desiccant on crops, prior to harvest. It is classified as restricted use due to high toxicity. An estimated 1.5 teaspoons (tsp) can be lethal if ingested and there is no known antidote. Paraquat dichloride is associated with a disproportionately high number of incidents including accidental ingestions typically leading to fatalities as well as occupational spills, splashes, and leaks resulting in severe and often damaging dermal or ocular contact. Paraquat is known to be corrosive to skin and eyes. EPA recently reviewed all available incident information and determined that mitigation measures to address these human health risk concerns are necessary.

    In addition to the human health mitigation decision document, the registration review docket for paraquat dichloride also includes other relevant documents related to the registration review of this case. The proposed human health mitigation decision was posted to the docket in March 2016, and the public was invited to submit any comments or new information.

    During the 60-day comment period, comments were received that resulted in changes to the Agency's human health mitigation decision, including that backpack and hand-held application methods will remain, but will require the development of special containers as part of a `closed system' that prevents spills, mixing, pouring or other actions that could lead to paraquat exposure.

    Pursuant to 40 CFR 155.58(c), the registration review case docket for paraquat dichloride will remain open until registration review has been completed.

    Background on the registration review program is provided at: http://www2.epa.gov/pesticide-reevaluation. Links to earlier documents related to the registration review of this pesticide are provided at: http://www.epa.gov/ingredients-used-pesticide-products/paraquat.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: December 7, 2016. Yu-Ting Guilaran, Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs.
    [FR Doc. 2016-31832 Filed 12-30-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-ORD-2015-0765; FRL-9957-77-ORD] Board of Scientific Counselors Executive Committee; Notification of Public Meeting and Public Comment AGENCY:

    Environmental Protection Agency.

    ACTION:

    Notification of public meeting and public comment.

    SUMMARY:

    Pursuant to the Federal Advisory Committee Act, the U.S. Environmental Protection Agency hereby provides notice that the Board of Scientific Counselors (BOSC) Executive Committee (EC) will host a public meeting at the EPA's Main Campus Facility, 109 T.W. Alexander Drive, Research Triangle Park, North Carolina 27711. The meeting will be held on Wednesday, January 11, 2017 from 9:00 a.m. till 6:00 p.m., Thursday, January 12, 2017 from 8:30 a.m. till 5:00 p.m. and Friday, January 13, 2017 from 8:30 a.m. till 11:00 a.m. All times noted are Eastern Time and are approximate. The primary discussions will focus on the draft reports from the BOSC subcommittees: Air, Climate and Energy, Chemical Safety for Sustainability, Safe and Sustainable Water Resources, and Sustainable and Healthy Communities. The EC will also deliberate on the four ORD Cross-Cutting Research Roadmap Annual Reports: Environmental Justice, Climate Change, Children's Environmental Health, and Nitrogen and Co-pollutant. There will be a public comment period from 10:05 a.m. to 10:20 a.m. Wednesday, January 11, 2017. For information on registering to attend the meeting or to provide public comment, please see the SUPPLEMENTARY INFORMATION section.

    DATES:

    The BOSC EC meeting will be held on Wednesday, January 11, 2017 from 9:00 a.m. till 6:00 p.m., Thursday, January 12, 2017 from 8:30 a.m. till 5:00 p.m. and Friday, January 13, 2017 from 8:30 a.m. till 11:00 a.m. All times noted are Eastern Time and are approximate.

    FOR FURTHER INFORMATION CONTACT:

    Questions or correspondence concerning the meeting should be directed to Tom Tracy, Designated Federal Officer, Environmental Protection Agency, by mail at 1200 Pennsylvania Avenue NW., (MC 8104 R), Washington, DC 20460; by telephone at 202-564-6518; fax at 202-565-2911; or via email at [email protected]

    SUPPLEMENTARY INFORMATION:

    The Charter of the BOSC states that the advisory committee shall provide independent advice to the Administrator on technical and management aspects of the ORD's research program. Additional information about the BOSC is available at: http://www2.epa.gov/bosc.

    Registration: In order to attend the meeting, you must register at the following site: https://www.eventbrite.com/e/us-epa-2017-bosc-executive-committee-public-meeting-registration-30037268278. Once you have completed the online registration, you will be contacted and provided with the meeting information. In-person participant registration will close on January 3, 2017. Virtual participant registration will close on January 9, 2017.

    Oral Statements: Members of the public who wish to provide oral comment during the meeting must preregister. Individuals or groups making remarks during the public comment period will be limited to five (5) minutes. To accommodate the number of people who want to address the BOSC EC, only one representative of a particular community, organization, or group will be allowed to speak.

    Written Statements: Written comments for the public meeting must be received by Monday, January 9, 2017, and will be included in the materials distributed to the BOSC EC prior to the meeting. Written comments should be sent to Tom Tracy, Environmental Protection Agency, via email at [email protected] or by mail to 1200 Pennsylvania Avenue NW., (MC 8104 R), Washington, DC 20460, or submitted through regulations.gov, Docket ID No. EPA-HQ-ORD-2015-0765. Members of the public should be aware that their personal contact information, if included in any written comments, may be posted online at regulations.gov.

    Information about Services for Individuals with Disabilities: For information about access or services for individuals with disabilities, please contact Tom Tracy, at 202-564-6518 or via email at [email protected] To request special accommodations, please contact Tom Tracy no later than August 19, 2016, to give the Environmental Protection Agency sufficient time to process your request. All requests should be sent to the address, email, or phone number listed in the FOR FURTHER INFORMATION section above.

    Dated: December 16, 2016. Fred S. Hauchman Director, Office of Science Policy.
    [FR Doc. 2016-31825 Filed 12-30-16; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION [BAC 6735-01] Sunshine Act Meeting December 29, 2016. TIME AND DATE:

    10:00 a.m., Friday, February 3, 2017.

    PLACE:

    The Richard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue NW., Washington, DC 20004 (enter from F Street entrance).

    STATUS:

    Open.

    MATTERS TO BE CONSIDERED:

    The Commission will consider and act upon the following in open session: Secretary of Labor on behalf of Greathouse, et al. v. Monongalia County Coal Company, et al., Docket Nos. WEVA 2015-904-D, et al. (Issues include whether the Judge erred in ruling that certain bonus plans instituted by the operators interfered with miners' rights under the Mine Act.)

    Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and § 2706.160(d).

    CONTACT PERSON FOR MORE INFO:

    Emogene Johnson (202) 434-9935/(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free.

    PHONE NUMBER FOR LISTENING TO ARGUMENT:

    1 (866) 867-4769; Passcode: 129-339.

    Sarah L. Stewart, Deputy General Counsel.
    [FR Doc. 2016-31879 Filed 12-29-16; 11:15 am] BILLING CODE 6735-01-P
    FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION [BAC 6735-01] Sunshine Act Meeting December 29, 2016. TIME AND DATE:

    10:00 a.m., Thursday, February 2, 2017.

    PLACE:

    The Richard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue NW., Washington, DC 20004 (enter from F Street entrance).

    STATUS:

    Open.

    MATTERS TO BE CONSIDERED:

    The Commission will hear oral argument in the matter Secretary of Labor on behalf of Greathouse, et al. v. Monongalia County Coal Company, et al., Docket Nos. WEVA 2015-904-D, et al. (Issues include whether the Judge erred in ruling that certain bonus plans instituted by the operators interfered with miners' rights under the Mine Act.)

    Any person attending this oral argument who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and § 2706.160(d).

    CONTACT PERSON FOR MORE INFO:

    Emogene Johnson (202) 434-9935/(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free.

    PHONE NUMBER FOR LISTENING TO ARGUMENT:

    1 (866) 867-4769; Passcode: 129-339.

    Sarah L. Stewart, Deputy General Counsel.
    [FR Doc. 2016-31878 Filed 12-29-16; 11:15 am] BILLING CODE 6735-01-P
    FEDERAL TRADE COMMISSION [File No. 161 0126] Abbott Laboratories and St. Jude Medical, Inc.; Analysis to Aid Public Comment AGENCY:

    Federal Trade Commission.

    ACTION:

    Proposed Consent Agreement.

    SUMMARY:

    The consent agreement in this matter settles alleged violations of federal law prohibiting unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orders—embodied in the consent agreement—that would settle these allegations.

    DATES:

    Comments must be received on or before January 26, 2017.

    ADDRESSES:

    Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/abbottjudeconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write “In the Matter of St. Jude Medical, Inc./Abbott Laboratories, File No. 161 0126- Consent Agreement” on your comment and file your comment online at https://ftcpublic.commentworks.com/ftc/abbottjudeconsent by following the instructions on the web-based form. If you prefer to file your comment on paper, write “In the Matter of St. Jude Medical, Inc./Abbott Laboratories, File No. 161 0126—Consent Agreement” on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street, SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024.

    FOR FURTHER INFORMATION CONTACT:

    Jordan Andrew (202-326-3678), Bureau of Competition, 600 Pennsylvania Avenue NW., Washington, DC 20580.

    SUPPLEMENTARY INFORMATION:

    Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing consent orders to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for December 27, 2016), on the World Wide Web, at http://www.ftc.gov/os/actions.shtm.

    You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before January 26, 2017. Write “In the Matter of St. Jude Medical, Inc./Abbott Laboratories, File No. 161 0126—Consent Agreement” on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to remove individuals' home contact information from comments before placing them on the Commission Web site.

    Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, like anyone's Social Security number, date of birth, driver's license number or other state identification number or foreign country equivalent, passport number, financial account number, or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, like medical records or other individually identifiable health information. In addition, do not include any “[t]rade secret or any commercial or financial information which . . . is privileged or confidential,” as discussed in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names.

    If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).1 Your comment will be kept confidential only if the FTC General Counsel, in his or her sole discretion, grants your request in accordance with the law and the public interest.

    1 In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c), 16 CFR 4.9(c).

    Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https://ftcpublic.commentworks.com/ftc/abbottjudeconsent by following the instructions on the web-based form. If this Notice appears at http://www.regulations.gov/#!home, you also may file a comment through that Web site.

    If you file your comment on paper, write “In the Matter of St. Jude Medical, Inc./Abbott Laboratories, File No. 161 0126- Consent Agreement” on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC. If possible, submit your paper comment to the Commission by courier or overnight service.

    Visit the Commission Web site at http://www.ftc.gov to read this Notice and the news release describing it. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before January 26, 2017. You can find more information, including routine uses permitted by the Privacy Act, in the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

    Analysis of Agreement Containing Consent Orders To Aid Public Comment Introduction

    The Federal Trade Commission (“Commission”) has accepted, subject to final approval, an Agreement Containing Consent Orders (“Consent Agreement”) from Abbott Laboratories (“Abbott”) and St. Jude Medical, Inc. (“St. Jude”) that is designed to remedy the anticompetitive effects that otherwise would have resulted from Abbott's proposed acquisition of St. Jude. Under the terms of the proposed Consent Agreement, the parties are required to divest St. Jude's vascular closure device business and Abbott's steerable sheath business to Terumo Corporation (“Terumo”). Abbott is also required to provide notice if it intends to acquire the assets of Advanced Cardiac Therapeutics, Inc. (“ACT”).

    The Consent Agreement has been placed on the public record for thirty days to solicit comments from interested persons. Comments received during this period will become part of the public record. After thirty days, the Commission will again review the Consent Agreement, along with the comments received, and decide whether it should withdraw from the Consent Agreement, modify it, or make final the Decision and Order (“Order”).

    Pursuant to an Agreement and Plan of Merger dated April 27, 2016, Abbott proposes to acquire St. Jude in exchange for cash and stock valued at approximately $25 billion (the “Proposed Acquisition”). The Commission's Complaint alleges that the Proposed Acquisition, if consummated, would violate Section 7 of the Clayton Act, as amended, 15 U.S.C. 18, and Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. 45, by lessening competition in the U.S. markets for vascular closure devices, steerable sheaths, and lesion-assessing ablation catheters. The proposed Consent Agreement will remedy the alleged violations by preserving the competition that would otherwise be eliminated by the Proposed Acquisition.

    The Parties

    Headquartered in Abbott Park, Illinois, Abbott is a global health care company that offers a large portfolio of vascular products, including coronary, endovascular, vascular closure, electrophysiology, and structural heart devices.

    St. Jude, headquartered in St. Paul, Minnesota, is a leading manufacturer of vascular products and medical devices. St. Jude's vascular products include vascular closure devices, pressure measurement guidewires, percutaneous catheter introducers, heart failure monitoring devices, cardiac mapping and navigation systems, diagnostic catheters, ablation catheters, and introducer sheaths.

    The Relevant Products and Structure of the Markets

    Vascular closure devices are used to close arterial holes resulting from vascular catheterization procedures. Physicians perform these catheterization procedures to diagnose or treat a cardiovascular condition. Typically, physicians access the femoral artery and direct a specialized catheter to the heart or peripheral arteries to deploy a balloon, diagnose an arrhythmia, or insert a stent or other device. The procedures leave a hole in the artery that must be closed quickly after the catheter is removed. Vascular closure devices provide a fast and effective way for physicians to close these holes while minimizing complications and the time patients must spend recovering from the procedure. Abbott and St. Jude are the two largest suppliers of vascular closure devices in the United States, with a combined market share of over 70%. The only other firms that supply vascular closure devices in the U.S. market are Cardinal Health, Inc. and Cardiva Medical, Inc.

    Steerable sheaths are used in electrophysiology procedures to treat complex heart arrhythmias, such as atrial fibrillation. Unlike a fixed sheath, the tip of a steerable sheath is deflectable, which provides better maneuverability and stability for an ablation catheter. Steerable sheaths allow physicians to more easily puncture the transseptal wall of the heart and guide the sheath and catheter into the left atrium or ventricle of the heart. St. Jude is, by far, the largest supplier of steerable sheaths in the U.S. market. Abbott recently entered this market through its acquisition of Kalila Medical, Inc. (“Kalila”) in early 2016. Other suppliers in this market, though not recent entrants, have low single-digit market shares.

    Lesion-assessing ablation catheters are used during ablation procedures to treat heart arrhythmias. They also provide feedback to physicians regarding the force being applied by the catheter or the temperature of the ablation target. These products are becoming more important, and more frequently used, as physicians treat more cases of complex atrial fibrillation. Currently, only St. Jude and Biosense Webster Inc. (“Biosense”) provide lesion-assessing ablation catheters in the United States. Abbott and ACT entered into a strategic partnership to develop lesion-assessing ablation catheters.

    The United States is the relevant geographic market in which to assess the competitive effects of the Proposed Acquisition. Vascular closure devices, steerable sheaths, and lesion-assessing ablation catheters are all medical devices that are regulated by the FDA. Products that are sold outside the United States, but not approved for sale in the United States, are not alternatives for U.S. consumers.

    Effects of the Acquisition

    The Proposed Acquisition would cause significant competitive harm in the U.S. markets for vascular closure devices, steerable sheaths, and lesion-assessing ablation catheters. For vascular closure devices, the merger would combine the largest and second-largest suppliers in the United States. The merger would eliminate the substantial price competition that currently exists between these competitors.

    In the market for steerable sheaths, St. Jude is currently the largest supplier in the United States and has held a near-monopoly position in this market for over a decade. Abbott entered this market recently and its product is well positioned to compete head-to-head with St. Jude. The Proposed Acquisition would eliminate the competition that would have occurred between Abbott and St. Jude in this market.

    Finally, if Abbott acquires ACT's lesion-assessing ablation catheter assets, it could eliminate potential competition in the U.S. market for lesion-assessing ablation catheters. ACT's lesion-assessing ablation catheter currently in development would compete directly with offerings from St. Jude and Biosense. It would thus be the third competitor in the highly-concentrated U.S. market for lesion-assessing ablation catheters. Abbott's acquisition of the ACT assets would reduce the additional competition that would have resulted from an additional U.S. supplier of lesion-assessing ablation catheters.

    Entry

    Entry into the U.S. markets for vascular closure devices, steerable sheaths, and lesion-assessing ablation catheters would not be timely, likely, or sufficient in magnitude, character, and scope to deter or counteract the anticompetitive effects of the Proposed Acquisition. The development process for each of these devices is difficult, time-consuming, and expensive. It can take tens of millions of dollars of research and development, significant further funding for clinical trials, and an extensive amount of time to even reach the stage of applying to the FDA for approval. The regulatory approval process itself can also be time-consuming as the FDA reviews the volume of material and data a company submits in support of its application.

    The Consent Agreement

    The Consent Agreement remedies the competitive concerns raised by Abbott's proposed acquisition of St. Jude by requiring that the parties divest to Terumo all of the assets and resources needed for it to become an independent, viable, and effective competitor in the U.S. markets for vascular closure devices and steerable sheaths. It also requires Abbott to provide notice if it intends to acquire ACT's lesion-assessing ablation catheter assets.

    Terumo possesses the industry experience and reputation necessary to replace competition that would be lost in the U.S. markets for vascular closure devices and steerable sheaths. Terumo is headquartered in Tokyo, Japan. It has been active in the U.S. medical device market for over thirty years and has a U.S. subsidiary based in Somerset, New Jersey. Terumo offers a portfolio of products that are highly complementary to the vascular closure and steerable sheath products being acquired but does not sell any competing products. Through its Interventional Systems business unit, Terumo manufactures and sells guidewires, catheters, and sheaths, as well as other vascular access devices. As a result, it currently sells its products to many of the same customers as Abbott and St. Jude. Terumo is thus well positioned to restore the benefits of competition that would be lost through the Proposed Acquisition.

    Pursuant to the Order, Terumo will receive all rights and assets related to St. Jude's vascular closure device business and Abbott's steerable sheath business, including all of the intellectual property used in those businesses. In addition, Terumo will take over part of the facility in Caguas, Puerto Rico where St. Jude currently manufactures most of its vascular closure device products. In order to ensure continuity of supply for certain vascular closure devices and components that are not currently manufactured in the Puerto Rico facility, the Order requires that St. Jude supply Terumo with finished vascular closure devices and components for up to two years while Terumo transitions to independent manufacturing.

    To ensure that the divestiture is successful, the Order requires the parties to enter into a transitional services agreement with Terumo to assist the company in establishing its manufacturing capabilities. Further, the Order requires that the parties transfer all confidential business information to Terumo, as well as provide access to employees who possess or are able to identify such information. Terumo also will have the right to interview and offer employment to employees associated with St. Jude's vascular closure device business and Abbott's steerable sheath business.

    The parties must accomplish the divestiture no later than forty-five days after the consummation of the Proposed Acquisition. If the Commission determines that Terumo is not an acceptable acquirer, or that the manner of the divestiture is not acceptable, the Order requires the parties to unwind the sale and accomplish the divestiture within 180 days of the date the Order becomes final to another Commission-approved acquirer.

    To ensure compliance with the Order, the Commission has agreed to appoint an Interim Monitor to ensure that Abbott and St. Jude comply with all of their obligations pursuant to the Consent Agreement and to keep the Commission informed about the status of the transfer of the rights and assets to Terumo. Further, the Order allows the Commission to appoint a Divestiture Trustee to accomplish the divestiture should the parties fail to comply with their divestiture obligations. Lastly, the Order terminates after ten years.

    The purpose of this analysis is to facilitate public comment on the proposed Consent Agreement, and it is not intended to constitute an official interpretation of the proposed Order or to modify its terms in any way.

    By direction of the Commission.

    April J. Tabor, Acting Secretary.
    [FR Doc. 2016-31800 Filed 12-30-16; 8:45 am] BILLING CODE 6750-01-P
    GENERAL SERVICES ADMINISTRATION [Notice-MA-2016-08; Docket No. 2016-0002; Sequence No. 31] Federal Management Regulations; Transportation Prepayment Audit Requirements AGENCY:

    Office of Government-wide Policy, General Services Administration (GSA).

    ACTION:

    Notice of a bulletin.

    SUMMARY:

    GSA has issued a guidance for agencies and wholly-owned Government corporations, which provides a deadline to comply with recent regulatory changes that prohibit agencies from using prepayment auditors that have any affiliation with, or financial interest, in the transportation company (providing the transportation services) for which a prepayment audit is being conducted.

    DATES:

    Effective: January 3, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Ron Siegel, Program Analyst, Office of Government-wide Policy (MAF), Office of Asset and Transportation Management, General Services Administration at 202-357-9540, or via email at [email protected] Please cite FMR Bulletin D-03.

    SUPPLEMENTARY INFORMATION:

    FMR Bulletin D-03 provides guidance to all agencies (including the Department of Defense) and wholly-owned Government corporations as defined in 31 United States Code (U.S.C.) 101, et seq. and 31 U.S.C. 9101(3). This bulletin provides agencies notice of a governmentwide policy revision for mandatory transportation prepayment audit plans, and provides a deadline for compliance with regulatory changes provided in FMR 102-118, Transportation Payment and Audit. FMR Bulletin D-03 and all other FMR bulletins are located at http://www.gsa.gov/fmrbulletins.

    Kevin Kampschroer, Associate Administrator (Acting), Office of Government-wide Policy, General Services Administration.
    [FR Doc. 2016-31786 Filed 12-30-16; 8:45 am] BILLING CODE 6820-14-P
    OFFICE OF GOVERNMENT ETHICS Request for Public Input on the Application of the Criminal Conflict of Interest Prohibition to Certain Beneficial Interests in Discretionary Trusts. AGENCY:

    Office of Government Ethics (OGE).

    ACTION:

    Notice of request for public comments.

    SUMMARY:

    This notice and request seeks input from members of the public with expertise in trust law concerning the following question: Are there any circumstances under which an eligible income beneficiary of a discretionary trust might, in the absence of a vested remainder interest, be able to compel the trust to make a distribution or payment? OGE will take into consideration all relevant expert input submitted by the public within 60 days of the date of this notice. To be considered, any submission exceeding five (5) pages in length must include a one-page summary of key points and conclusions. Commenters are requested to state briefly the nature of their expertise in trust law.

    DATES:

    To be assured consideration, comments must be received at the address provided below, by no later than 5:00 p.m. on March 6, 2017.

    ADDRESSES:

    You may submit comments, in writing, to OGE regarding this notice and request by any of the following methods:

    E-Mail: [email protected] Include the reference “Request for Input on Discretionary Trusts” in the subject line of the message.

    Fax: (202) 482-9237.

    Mail/Hand Delivery/Courier: U.S. Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917, Attention: “Request for Input on Discretionary Trusts.”

    Instructions: All submissions must include OGE's agency name and the words “Discretionary Trusts.” All comments, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. Comments may be posted on OGE's Web site, www.oge.gov. Sensitive personal information, such as account numbers or Social Security numbers, should not be included. Comments generally will not be edited to remove any identifying or contact information.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer A. Matis, Assistant Counsel, Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917; Telephone: 202-482-9300; TTY: 800-877-8339; FAX: 202-482-9237.

    SUPPLEMENTARY INFORMATION:

    During the administration of President George W. Bush, a former Director of the U.S. Office of Government Ethics (OGE), Hon. Robert I. Cusick, issued a guidance memorandum addressing a novel legal issue concerning the application of the primary criminal conflict of interest statute to the interests of eligible income beneficiaries of discretionary trusts who lack vested remainder interests. Discretionary Trusts, DO-08-024 (2008). That conflict of interest statute, 18 U.S.C. 208, prohibits an executive branch employee from participating personally and substantially in any particular matter that directly and predictably affects a “financial interest” of either the employee or a person whose interests are imputed to the employee (e.g., the. employee's spouse or minor child). See 5 CFR part 2640, subpart A. The 2008 memorandum articulated OGE's conclusion that, for purposes of the conflict of interest statute, an eligible income beneficiary of a discretionary trust would not be considered to have a financial interest in the holdings of the trust, provided that the beneficiary was not the grantor and did not have a vested remainder interest. Discretionary Trusts, DO-08-024 (2008). The premise underlying OGE's conclusion was that such a beneficiary could never have an “enforceable right to payment.” Id. at 1. For this premise OGE relied upon the American Law Institute's Second Restatement of the Law of Trusts. Id. (citing Restatement of the Law (Second) Trusts, § 155).

    In 2013, OGE issued a second guidance memorandum on the topic of reporting requirements applicable to a beneficiary who could meet the requirements articulated in its 2008 memorandum. The 2013 memorandum clarified that such a beneficiary would not have to report the holdings of the discretionary trust in an executive branch financial disclosure report filed under the Ethics in Government Act, 5 U.S.C. app. 101, et seq., in the event that the beneficiary were to receive income from the trust during the reporting period, though the beneficiary would have to report the income itself. Reporting Requirements for Discretionary Trusts, LA-13-04 (April 9, 2013). The 2013 memorandum did not otherwise modify the 2008 memorandum or revisit its underlying premise.

    The 2008 memorandum, which OGE has continued to apply, is based wholly on the premise that there are no circumstances under which such a beneficiary could ever compel a distribution or payment from a discretionary trust. This month, however, OGE learned that the American Law Institute's Third Restatement of the Law of Trusts may suggest a contrary analysis as to the financial interests of eligible income beneficiaries of discretionary trusts, at least in some jurisdictions. See Restatement of the Law (Third) Trusts, § 60, cmt. e (Am. Law Inst. 2003) (“A transferee or creditor of a trust beneficiary cannot compel the trustee to make discretionary distributions if the beneficiary personally could not do so. It is rare, however, that the beneficiary's circumstances, the terms of the discretionary power, and the purposes of the trust leave the beneficiary so powerless. The exercise or nonexercise of fiduciary discretion is always subject to judicial review to prevent abuse.”).

    This discovery drew OGE's attention to an article in the Quinnipiac Probate Law Journal by Alan Newman, Professor of Law for the University of Akron School of Law. See Newman, Alan, Trust Law in the Twenty-First Century: Challenges to Fiduciary Accountability, 29 Quinnipiac Prob. L.J. 261 (2016). Professor Newman writes,

    “[I]f, in fact, the beneficiary of a discretionary trust had only an expectancy with respect to the trust, arguably the beneficiary would be unable to hold the trustee accountable to enforce the trust. However, as noted elsewhere, `the difficulty with this theory is that it is not true.' Although there is a longstanding debate whether a beneficiary of a trust has a property interest in the trust assets, merely a claim against the trustee, or both, it is well-established that: (i) the beneficiary's interest in the trust itself is property, regardless of whether the trust terms provide that distributions to the beneficiary are at the trustee's discretion; and (ii) the beneficiary may enforce them.

    Id. at 282 (quoting Jesse Dukeminier & Robert H. Sitkoff, Wills, Trusts, and Estates 689 (9th ed. 2013)).

    Professor Newman further explains that cases denying the claims of a beneficiary's creditors against the trust reflect only a “policy-oriented” approach to addressing the claims of creditors and do not necessarily stand as evidence that the beneficiary lacks “an enforceable property interest with respect to the trust.” Id. at 283. At the time of its 2008 memorandum, OGE's research focused on cases addressing the rights of creditors or the eligibility of beneficiaries for public assistance, but Professor Newman's article raises a question as to whether OGE should have focused instead on cases addressing the rights of beneficiaries as to trustees of discretionary trusts. See, e.g., id at 284 (“[R]ecently enacted statutes stating that beneficiaries of discretionary trusts do not have property interests with respect to those trusts are part of the enacting jurisdictions' trust codes addressing the rights of beneficiaries' creditors, not the relationship between the trustee and beneficiaries, and appear intended to apply only in the creditors' rights context.”).

    OGE reviewed one of the cases cited in Professor Newman's article. In that case, the Seventh Circuit wrote,

    We see no reason why a beneficiary, simply by virtue of being the beneficiary of discretionary trust, should be denied the ordinary equitable rights that flow from the fiduciary duty that runs from a trustee to a beneficiary. Included in those rights is the right to bring an action for breach of trust.

    Scanlan v. Eisenberg, 669 F.3d 838, 844 (7th Cir. Ill. 2012). The plaintiff in that case, a beneficiary of several trusts, sued for malpractice and breach of fiduciary duty after the trusts invested millions of dollars in a real estate investment trust that later went bankrupt. The Seventh Circuit found that an eligible beneficiary possessed the required stake to establish standing as a result of her interest in the trust. Id. at 846. To the extent that the plaintiff had standing by virtue of being affected by the trust's potential for gain or loss, that “stake” would appear to meet OGE's definition of a disqualifying financial interest for purposes of the conflict of interest prohibition. See 5 CFR 2640.103(b) (“the term financial interest means the potential for gain or loss”).

    Other cases also seem to lead to this conclusion. For example, a New York court similarly provided the following guidance, under the trust law of that state, as to the rights of the beneficiary of a discretionary trust:

    In the present case, the trustees' discretion is absolute and not limited by any standard. However, even in such a case, the trustees may be compelled to distribute funds to the beneficiary if they abuse their discretion in refusing to make distribution.

    Estate of Gilbert, 156 Misc. 2d 379, 383 (N.Y. Sur. Ct. 1992). Likewise, a California court held that, under that state's trust law, a trustee who has discretion to make or withhold a payment, may not withhold a payment with the intent of avoiding child support. Ventura County Dept. of Child Support Services v. Brown, 117 Cal. App. 4th 144, 150 (Cal. App. 2d Dist. 2004) (quoting Prof. Russell Niles, consultant to Cal. Law Revision Com., Memo Re Spendthrift and Related Trusts (Nov. 6, 1984)). In the California case, the outcome may well have been determined in part by language in the trust instrument requiring that the trust be administered for the benefit of the beneficiary's children in the event of the beneficiary's death, see id. at 148; however, this contributing factor would serve only to complicate the issue for OGE by leaving open the possibility that subtle variations in trust language may be relevant in determining the existence of a financial interest for purposes of the conflict of interest law.

    Because it is not clear to OGE whether these materials represent the rule, an exception, or differing approaches to trust law in various jurisdictions, OGE would benefit from the input of members of the public who have expertise in trust law. Specifically, OGE seeks expert input concerning the following question: Are there any circumstances under which an eligible income beneficiary of a discretionary trust might, in the absence of a vested remainder interest, be able to compel the trust to make a distribution or payment? Should this question be appropriately answered in the affirmative, OGE may need to revisit the premise underlying its 2008 guidance memorandum on discretionary trusts—i.e., that such a beneficiary could never have enforceable right to a distribution or payment from the trust. OGE will take into consideration all relevant expert input submitted by the public within 60 days of the date of this notice in response to the question posed before evaluating the continuing validity of OGE's guidance memorandum, Discretionary Trusts, DO-08-024 (2008). To be considered, any submission exceeding five (5) pages in length must include a one-page summary of key points and conclusions. Commenters are requested to state briefly the nature of their expertise in trust law.

    Approved: December 23, 2016. Walter M. Shaub, Jr. Director, U.S. Office of Government Ethics.
    [FR Doc. 2016-31583 Filed 12-30-16; 8:45 am] BILLING CODE 6345-03-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for Toxic Substances and Disease Registry [60Day-17-17IY; Docket No. ATSDR-2016-0007] Proposed Data Collection Submitted for Public Comment and Recommendations AGENCY:

    Agency for Toxic Substances and Disease Registry (ATSDR), Department of Health and Human Services (HHS).

    ACTION:

    Notice with comment period.

    SUMMARY:

    The Agency for Toxic Substances and Disease Registry (ATSDR), 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 “Biomonitoring of Great Lakes Populations Program III.” The purpose of the proposed study is to evaluate body burden levels of priority contaminants in Great Lakes residents, particularly those who are at high exposure risk, in the Milwaukee Bay Estuary Area of Concern (AOC) area that was not previously addressed in ATSDR's previous biomonitoring programs around the Great Lakes.

    DATES:

    Written comments must be received on or before March 6, 2017.

    ADDRESSES:

    You may submit comments, identified by Docket No. ATSDR-2016-0007 by any of the following methods:

    Federal eRulemaking Portal: Regulations.gov. Follow the instructions for submitting comments.

    Mail: Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329.

    Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to Regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to Regulations.gov.

    Please note: All public comment should be submitted through the Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the address listed above.

    FOR FURTHER INFORMATION CONTACT:

    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: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.

    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.

    Proposed Project

    Biomonitoring of Great Lakes Populations Program III—New—Agency for Toxic Substances and Disease Registry (ATSDR).

    Background and Brief Description

    The Agency for Toxic Substances and Disease Registry (ATSDR) is requesting a three-year Paperwork Reduction Act (PRA) clearance for a new information collection request (ICR) titled “Biomonitoring of Great Lakes Populations Program III.” ATSDR awarded funds to the Wisconsin Department of Health Services (WIDHS) to conduct this information collection under cooperative agreement #NU61TS000269-01-00. The purpose of the current program is to evaluate body burden levels of legacy and emerging contaminants in susceptible Great Lakes populations in the Milwaukee Estuary Area of Concern (AOC) in Wisconsin, an area that has not been previously covered by other Great Lakes initiatives.

    The Great Lakes Basin has suffered decades of pollution and ecosystem damage. Many chemicals persist in Great Lakes waters and sediments, as well as in wildlife. These chemicals can build up in the aquatic food chain, and eating contaminated fish is a known route of human exposure.

    In 2009, the Great Lakes Restoration Initiative (GLRI) was enacted by Public Law 111-88 to make restoration and protection of the Great Lakes a national priority. The GLRI is led by the U.S. Environmental Protection Agency (US EPA). Under a 2015 interagency agreement with the US EPA, ATSDR initiated the Biomonitoring of Great Lakes Populations Program III program. This project will provide additional public health information to supplement the previous cooperative agreement programs CDC-RFA-TS10-1001 “Biomonitoring of Great Lakes Populations” (hereafter referred to as “Program I,” OMB Control Number 0923-0044) and CDC-RFA-TS13-1302 “Biomonitoring of Great Lakes Populations-II” (hereafter referred to as “Program II,” OMB Control Number 0923-0052) initiated in FY2010 and FY2013, respectively.

    WIDHS received funding for the current program. WIDHS will recruit and enroll two subpopulations of adults in the Milwaukee Bay Estuary Area of Concern (AOC) who are known to eat fish from the Milwaukee River Basin and Lake Michigan. This study will not include pregnant women.

    The target populations are: (1) Licensed anglers living in proximity to the Milwaukee Estuary AOC and (2) Burmese refugees who are known to eat a substantial amount of fish from this area. WIDHS study staff will work closely with local refugee and citizen support organizations on participant recruitment.

    The aims of the information collection in this surveillance project are:

    1. Assess levels of contaminants (metals, polychlorinated biphenyls, chlorinated pesticides, perfluorinated compounds, and polyaromatic hydrocarbons) in blood and urine of residents who consume fish from contaminated areas that had not been studied in previous Programs I and II;

    2. Use the project findings to inform public health officials and offer guidance on public health actions to reduce exposure to Great Lakes contaminants.

    This applied public health program aims to measure contaminants in biological samples (blood, urine and hair) from people who may be at high risk of chemical exposure in the Great Lakes area. These measurements will provide a baseline for current and future restoration activities. The results will be compared to available national estimates, such as those reported by the National Health and Nutrition Examination Survey (NHANES).

    Respondents will be screened for eligibility and consent will be obtained. Participants who consent will respond to a questionnaire and participate in clinic visits for body measurements and biological specimen collection (blood, urine, and hair). Their blood will be tested for polychlorinated biphenyls, metals, perfluorinated compounds, persistent pesticides, and lipids. Urine will be tested for polycyclic aromatic hydrocarbons and creatinine. The hair samples (optional) will be saved for a later analysis.

    Respondents will also be interviewed. They will be asked about demographic and lifestyle factors, hobbies, health conditions that may affect fish consumption and fishing habits, and types of jobs which can contribute to chemical exposure. Some dietary questions will be asked with a focus on consumption of Great Lakes fish.

    Participation in the study is voluntary and there is no cost to respondents other than their time. The estimated annualized burden for the program averaged over the three-year study period is 231 hours among 166 respondents. There is no cost to respondents other than their time spent in the study.

    Estimated Annualized Burden Hours Type of respondents Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total burden
  • (in hours)
  • Licensed Anglers Eligibility Screening Survey (paper) 156 1 5/60 13 Eligibility Screening Survey (online) 28 1 5/60 2 Study Questionnaire (paper) 58 1 30/60 29 Study Questionnaire online) 87 1 30/60 44 Clinic Visit Checklist and Body Measurements 133 1 35/60 78 Follow-up Survey 133 1 5/60 11 Burmese Refugees Eligibility Screening Survey 42 1 5/60 4 Contact Information Form 33 1 5/60 3 Study Questionnaire 33 1 40/60 22 Clinic Visit Checklist and Body Measurements 33 1 35/60 19 Network Size Questions 33 1 5/60 3 Follow-up Survey 33 1 5/60 3 Total 231
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2016-31772 Filed 12-30-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for Toxic Substances and Disease Registry [60Day-17-17IV; Docket No. ATSDR-2016-0008] Proposed Data Collection Submitted for Public Comment and Recommendations AGENCY:

    Agency for Toxic Substances and Disease Registry (ATSDR), Department of Health and Human Services (HHS).

    ACTION:

    Notice with comment period.

    SUMMARY:

    The Agency for Toxic Substances and Disease Registry (ATSDR), 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 information collection request titled “APPLETREE Performance Measures.” Under the APPLETREE cooperative agreement program (Funding Opportunity Announcement No. CDC-RFA-TS17-1701), awardees will be required to submit an Annual Plan of Work (APOW), several standardized outcome and performance measures, and an Annual Performance Report (APR).

    DATES:

    Written comments must be received on or before March 6, 2017.

    ADDRESSES:

    You may submit comments, identified by Docket No. ATSDR-2016-0008 by any of the following methods:

    Federal eRulemaking Portal: Regulations.gov. Follow the instructions for submitting comments.

    Mail: Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329.

    Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to Regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to Regulations.gov.

    Please note: All public comment should be submitted through the Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the address listed above.

    FOR FURTHER INFORMATION CONTACT:

    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: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.

    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.

    Proposed Project

    APPLETREE Performance Measures—New—Agency for Toxic Substances and Disease Registry (ATSDR).

    Background and Brief Description

    The Agency for Toxic Substances and Disease Registry (ATSDR) serves the public through responsive public health actions to promote healthy and safe environments and to prevent harmful exposures in communities across the nation. ATSDR's Partnership to Promote Local Efforts to Reduce Environmental Exposure (APPLETREE) Program is critical to ATSDR's success in this mission. The purpose of the program is to: (1) Identify pathways of exposure to hazardous substances at hazardous waste sites and releases; (2) identify, implement, and coordinate public health interventions to reduce exposures to hazardous substances which occur at levels of health concern; and (3) provide training at the state level to promote and achieve the safe siting of child care facilities in the United States. The APPLETREE Program is also a mechanism which enhances ATSDR's communication with state, local, and federal health and environmental agencies. This program is authorized under Sections 104(i)(15) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986 [42 U.S.C. 9604(i)(15)].

    Under the new three-year APPLETREE cooperative agreement (Funding Opportunity Announcement No. CDC-RFA-TS17-1701), eligible applicants include federally recognized American Indian/Alaska Native tribal governments; American Indian/Alaska native tribally designated organizations; political subdivisions of states (in consultation with states); and state and local governments or their bona fide agents. ATSDR technical project officers (TPOs) will assist approximately 25 APPLETREE awardees to address site-specific issues involving human exposure to hazardous substances. Key capacities include identification of human exposure pathways at ATSDR sites, education of affected communities and local health professionals about site contamination and potential health effects; making appropriate recommendations to prevent exposure; reviewing health outcome data to evaluate potential links between site contaminants and community health; and documenting the effects of environmental remediation on health.

    ATSDR will collect information related to awardee activities, and the process and outcome performance measures outlined by the cooperative agreement program. Information will be used to monitor progress toward program goals and objectives, and for quality improvement.

    Annual Plan of Work (APOW): Each budget year, awardees shall deliver an APOW. The APOW will include awardee workplans for site-specific activities, environmental health assessment outputs, and overarching milestones for child care safe siting activities. The estimated annual time burden to prepare and report the APOW is eight hours per awardee.

    ATSDR Health Education Activity Tracking (HEAT) Performance Measure: For each environmental health assessment and health education activity conducted at ATSDR sites, APPLETREE awardees shall quantitatively assess and report efforts to educate community members about site recommendations and health risks using indicators to assess community understanding of site findings about health risks and community understanding of agency recommendations to reduce health risks. This information will be entered in to the ATSDR HEAT system for each activity at ATSDR sites. Based on past experience, ATSDR assumes a maximum of 925 activities will be entered into the HEAT database each year; therefore, each of the 25 awardees will enter an average of 37 activities into the HEAT database.

    ATSDR Site Impact Assessment (SIA) Performance Measure: For each environmental health assessment and health education activity conducted at ATSDR sites, awardees shall estimate and report the number of people protected from exposure to toxic substances at each site where implementation of agency recommendations has taken place and at each child care center where safe siting guidelines have been implemented. To the extent possible, awardees shall estimate the disease burden prevented due to the implementation of site recommendations and safe siting guidelines. This information will be entered into the ATSDR SIA database by the awardee. ATSDR assumes a maximum of 150 ATSDR sites will undergo an environmental assessment, or an average of 6 sites per awardee, per year.

    APPLETREE Annual Performance Report (APR): Awardees must provide an APR at the end of each budget year. The report must include a minimum of three site activity success stories; a synopsis of the number of people involved in environmental health assessments at sites, the number of public health recommendations accepted, the number of health education activities conducted at sites; and the outcomes achieved during the budget year. The APR must also demonstrate annual progress in implementing child care safe siting policies in their jurisdictions over the three-year program period. ATSDR assumes that ASARs will take 15 burden hours for each awardee to prepare.

    ATSDR seeks to request a three-year clearance from OMB to collect the necessary information for this project.

    The awardee reporting is a requirement of the APPLETREE cooperative agreement. The total annual time burden requested is 635 hours.

    Estimated Annualized Burden Hours Type of respondents Form name Number of
  • respondents per year
  • Number of
  • responses per respondent per year
  • Average
  • burden per
  • response
  • (in hours)
  • Total burden (in hours)
    APPLETREE Awardees Annual Plan of Work (APOW) 25 1 8 200 ATSDR Health Education Activity Tracking (HEAT) Form 25 37 3/60 47 ATSDR Site Impact Assessment (SIA) Form 25 6 5/60 13 APPLETREE Annual Performance Report (APR) 25 1 15 375 Total 635
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2016-31773 Filed 12-30-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-D-4436] Premarket Notification (510(k)) Submissions for Bone Anchors; Draft Guidance for Industry and Food and Drug Administration Staff; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing the availability of the draft guidance entitled “Premarket Notification (510(k)) Submissions for Bone Anchors.” The guidance provides recommendations for the information and testing that should be included in premarket submissions for bone anchor (suture anchor) devices used in the appendicular skeleton for attachment of soft tissue to bone. This draft guidance is not final nor is it in effect at this time.

    DATES:

    Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment of this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by March 6, 2017.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

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

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

    Written/Paper Submissions

    Submit written/paper submissions as follows:

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

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

    Instructions: All submissions received must include the Docket No. FDA-2016-D-4436 for “Premarket Notification (510(k)) Submissions for Bone Anchors.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Division of Dockets Management. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    An electronic copy of the guidance document is available for download from the Internet. See the SUPPLEMENTARY INFORMATION section for information on electronic access to the guidance. Submit written requests for a single hard copy of the draft guidance document entitled “Premarket Notification (510(k)) Submissions for Bone Anchors” to the Office of the Center Director, Guidance and Policy Development, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your request.

    FOR FURTHER INFORMATION CONTACT:

    Daniel Ramsey, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1451, Silver Spring, MD 20993-0002, 301-796-6451.

    SUPPLEMENTARY INFORMATION:

    I. Background

    FDA is announcing the availability of a draft guidance for industry and FDA staff entitled '”Premarket Notification (510(k)) Submissions for Bone Anchors.” FDA has developed this guidance document for members of industry who submit and FDA staff who review premarket submissions regarding bone anchor (suture anchor) devices used in the appendicular skeleton for attachment of soft tissue to bone. When finalized, this guidance is intended to provide recommendations for information to include in premarket notifications (510(k)) for bone anchor (suture anchor) devices (e.g., descriptive characteristics, labeling, biocompatibility, sterility, and bench testing). This guidance is a reissuance of the April 20, 1996 “Guidance Document for Testing Bone Anchor Devices” with updated content.

    II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The draft guidance, when finalized, will represent the current thinking of FDA on Premarket Notification (510(k)) Submissions for Bone Anchors. 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.

    III. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do so by downloading an electronic copy from the Internet. A search capability for all Center for Devices and Radiological Health guidance documents is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance documents are also available at https://www.regulations.gov. Persons unable to download an electronic copy of “Premarket Notification (510(k)) Submissions for Bone Anchors” may send an email request to [email protected] to receive an electronic copy of the document. Please use the document number 1400005 to identify the guidance you are requesting.

    IV. Paperwork Reduction Act of 1995

    This draft 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 part 807, subpart E have been approved under OMB control number 0910-0120; the collections of information in 21 CFR part 820 have been approved under OMB control number 0910-0073; the collections of information in 21 CFR part 812 have been approved under OMB control number 0910-0078; and the collections of information in 21 CFR part 801 have been approved under OMB control number 0910-0485.

    Dated: December 27, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-31779 Filed 12-30-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2013-N-1428] Electronic Drug Product Reporting for Human Drug Compounding Outsourcing Facilities Under Section 503B of the Federal Food, Drug, and Cosmetic Act; Guidance for Industry; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Food and Drug Administration (FDA or the Agency) is announcing the availability of a guidance for industry entitled “Electronic Drug Product Reporting for Human Drug Compounding Outsourcing Facilities Under Section 503B of the Federal Food, Drug, and Cosmetic Act.” The final guidance addresses new provisions in the Federal Food, Drug, and Cosmetic Act (the FD&C Act) added by the Drug Quality and Security Act (DQSA) and updates reporting instructions for drug compounders that choose to register as outsourcing facilities. Such compounders must report information on the drugs they compounded in Structured Product Labeling (SPL) format using FDA's electronic submissions system unless FDA grants a request for a waiver of such requirement because use of electronic means is not reasonable for the person requesting the waiver. This guidance supersedes the revised draft guidance entitled “Electronic Drug Product Reporting for Human Drug Compounding Outsourcing Facilities Under Section 503B of the Federal Food, Drug, and Cosmetic Act.”

    DATES:

    Submit either electronic or written comments on Agency guidances at any time.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

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

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

    Written/Paper Submissions

    Submit written/paper submissions as follows:

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

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

    Instructions: All submissions received must include the Docket No. FDA-2013-N-1428 for “Electronic Drug Product Reporting for Human Drug Compounding Outsourcing Facilities Under Section 503B of the Federal Food, Drug, and Cosmetic Act.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on http://www.regulations.gov. Submit both copies to the Division of Dockets Management. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Submit written requests for single copies of this guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your requests. See the SUPPLEMENTARY INFORMATION section for electronic access to the guidance document.

    FOR FURTHER INFORMATION CONTACT:

    Lysette Deshields, Center for Drug Evaluation and Research Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993 301-796-3100.

    SUPPLEMENTARY INFORMATION:

    I. Background

    FDA is announcing the availability of a guidance for industry entitled “Electronic Drug Product Reporting for Human Drug Compounding Outsourcing Facilities Under Section 503B of the Federal Food, Drug, and Cosmetic Act.” In the Federal Register of November 24, 2014 (79 FR 69857), FDA announced the availability of a revised draft guidance for industry entitled “Electronic Drug Product Reporting for Human Drug Compounding Outsourcing Facilities Under Section 503B of the Federal Food, Drug, and Cosmetic Act.” On November 27, 2013, President Obama signed the DQSA into law (Pub. L. 113-54). The DQSA added a new section 503B to the FD&C Act (21 U.S.C. 353b). Under section 503B(b), a compounder can register as an outsourcing facility with FDA. If the conditions outlined in section 503B(a) of the FD&C Act are satisfied, a drug compounded by or under the direct supervision of a licensed pharmacist in an outsourcing facility is exempt from certain sections of the FD&C Act, including section 502(f)(1) (21 U.S.C. 352(f)(1)) (concerning the labeling of drugs with adequate directions for use) and section 505 (21 U.S.C. 355) (concerning the approval of human drug products under new drug applications or abbreviated new drug applications). Drugs compounded in outsourcing facilities are not exempt from the requirements of section 501(a)(2)(B) of the FD&C Act (21 U.S.C. 351(a)(2)(B)) (concerning current good manufacturing practice for drugs).

    Under section 503B, an outsourcing facility must, at the time of initial registration and twice each year, in June and December, submit to FDA a report identifying the drugs compounded by the facility during the previous 6-month period. For each identified drug, the outsourcing facility must report the following information to FDA for each product that it compounds:

    • The active ingredient and strength of active ingredient per unit;

    • the source of the active ingredient (bulk or finished drug);

    • the National Drug Code (NDC) number of the source drug or bulk active ingredient, if available;

    • the dosage form and route of administration;

    • the package description;

    • the number of individual units produced; and

    • the NDC number of the final product, if assigned.1

    1 Section 503B(b)(2)(A)(ii) of the FD&C Act.

    This final guidance explains that registered outsourcing facilities must provide reports to FDA on compounded drugs in SPL format using FDA's electronic submissions system unless FDA grants a request for a waiver of such requirement because use of electronic means is not reasonable for the person requesting the waiver. It supersedes the revised draft guidance entitled “Electronic Drug Product Reporting for Human Drug Compounding Outsourcing Facilities Under Section 503B of the Federal Food, Drug, and Cosmetic Act.”

    The comment period for the revised draft guidance ended on January 23, 2015. FDA received three comments on the draft. In response to received comments or on its own initiative, FDA made the following changes and updates in the final guidance: (1) Clarified FDA's definition of the source of the active ingredient used to compound the final product and the information the outsourcing facility should submit to FDA, including the appropriate format of the NDC code; (2) clarified what information submitted as part of a product report will be made public; and (3) made grammatical and other minor editorial changes for clarity. In some cases, comments raised issues that were not directly pertinent to the topics addressed in the revised draft guidance.

    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 “Electronic Drug Product Reporting for Human Drug Compounding Outsourcing Facilities Under Section 503B of the Federal Food, Drug, and Cosmetic Act.” 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.

    II. Paperwork Reduction Act of 1995

    This guidance contains collections of information that 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 have been approved under OMB control number 0910-0827.

    III. Electronic Access

    Persons with access to the Internet may obtain the document at either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or https://www.regulations.gov.

    Dated: December 28, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-31789 Filed 12-30-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-D-4308] Labeling of Red Blood Cell Units With Historical Antigen Typing Results; Draft Guidance for Industry; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft document entitled “Labeling of Red Blood Cell Units with Historical Antigen Typing Results; Draft Guidance for Industry.” The draft guidance document provides establishments that collect blood and blood components for transfusion with recommendations for labeling Red Blood Cell (RBC) units with non-ABO/Rh(D) antigen typing results obtained from previous donations (historical antigen typing results). The draft guidance provides recommendations to transfusion services for managing RBC units labeled with historical antigen typing results. The guidance also provides licensed blood collection establishments that choose to implement labeling of RBC units with historical antigen typing results instructions regarding how to report the manufacturing and labeling changes under the biologics regulations. The guidance does not apply to test results for ABO and Rh(D) antigens.

    DATES:

    Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by April 3, 2017. Submit electronic or written comments on the information collection issues under the Paperwork Reduction Act of 1995 by March 6, 2017.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

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

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

    Written/Paper Submissions

    Submit written/paper submissions as follows:

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

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

    Instructions: All submissions received must include the Docket No. [Insert docket number xxxxx] for “Labeling of Red Blood Cell Units with Historical Antigen Typing Results; Draft Guidance for Industry.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on http://www.regulations.gov. Submit both copies to the Division of Dockets Management. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Submit comments on information collection issues to the Office of Management and Budget in the following ways:

    • Fax to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202-395-7285, or email to [email protected] All comments should be identified with the title, Labeling of Red Blood Cell Units with Historical Antigen Typing Results; Draft Guidance for Industry.

    Submit written requests for single copies of the draft 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 draft guidance may also be obtained by mail by calling CBER at 1-800-835-4709 or 240-402-8010. See the SUPPLEMENTARY INFORMATION section for electronic access to the draft guidance document.

    FOR FURTHER INFORMATION CONTACT:

    Melissa Segal, 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.

    SUPPLEMENTARY INFORMATION:

    I. Background

    FDA is announcing the availability of a draft document entitled “Labeling of Red Blood Cell Units with Historical Antigen Typing Results; Draft Guidance for Industry.” The draft guidance document provides establishments that collect blood and blood components for transfusion with recommendations for labeling RBC units with historical antigen typing results. The guidance provides recommendations to transfusion services for managing RBC units labeled with historical antigen typing results. This guidance also provides licensed blood collection establishments that choose to implement labeling of RBC units with historical antigen typing results instructions regarding how to report the manufacturing and labeling changes under 21 CFR 601.12. The guidance does not apply to test results for ABO and Rh(D) antigens. For ABO and Rh(D) antigens, establishments must follow FDA requirements in 21 CFR 640.5(b), 640.5(c), and 606.121(c)(9) and (13), as well as all other applicable requirements.

    At the AABB-FDA Liaison Meeting held on April 12, 2012, AABB stated that it is the practice of some blood collection establishments to provide historical RBC antigen typing results to transfusion services using a tie-tag attached to the RBC unit. AABB asked for recommendations from FDA regarding labeling of RBC units with historical RBC antigen typing results. FDA's Blood Products Advisory Committee discussed this topic on December 4, 2012, and supported the concept of using historical RBC antigen typing results to label RBC units.

    AABB has revised its standards to include accommodations for labeling RBC units with historical RBC typing results. According to the 30th edition of the AABB Standards for Blood Banks and Transfusion Services, RBC units may be labeled as RBC antigen negative without testing the current donation if two previous separate donations were tested by the collection facility and results of RBC typing were found to be concordant. The standards indicate that facilities have the option to put the non-ABO/Rh(D) historical antigen typing results on a tie-tag or directly on the container label.

    The draft guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The draft guidance, when finalized, will represent the current thinking of FDA on labeling of red blood cell units with historical antigen typing results. 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.

    II. Paperwork Reduction Act of 1995

    The draft guidance document contains information collection provisions that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501-3520). Under the PRA, Federal Agencies must obtain approval from OMB for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document.

    With respect to the following collection of information, FDA invites comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility; (2) the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.

    Labeling of Red Blood Cell Units with Historical Antigen Typing Results; Draft Guidance for Industry; OMB Control No. 0910-NEW

    The draft guidance document provides establishments that collect blood and blood components for transfusion with recommendations for labeling RBC units with non-ABO/Rh(D) antigen typing results obtained from previous donations (historical antigen typing results). The draft guidance provides recommendations to transfusion services for managing RBC units labeled with historical antigen typing results. The guidance also provides licensed blood collection establishments that choose to implement labeling of RBC units with historical antigen typing results instructions regarding how to report the manufacturing and labeling changes under 21 CFR 601.12.

    Description of Respondents: Establishments that collect blood and blood components for transfusion, transfusion services, and licensed blood collection establishments.

    Burden Estimate: We believe that the information collection provisions in the draft guidance do not create a new burden for respondents and are part of usual and customary business practices. According to the 30th edition of the AABB Standards for Blood Banks and Transfusion Services, RBC units may be labeled as RBC antigen negative without testing the current donation if two previous separate donations were tested by the collection facility and results of RBC typing were found to be concordant. The standards indicate that facilities have the option to put the non-ABO/Rh(D) historical antigen typing results on a tie-tag or directly on the container label.

    We believe that facilities have already developed standard operating procedures for putting the non-ABO/Rh(D) historical antigen typing results on a tie-tag or directly on the container label.

    The draft guidance also refers to previously approved collections of information found in FDA regulations. The collections of information in 21 CFR 601.12 have been approved under OMB control number 0910-0338; and the collections of information in 21 CFR 606.100, 606.121, 606.160, 606.171 have been approved under OMB control number 0910-116, 0910-0795 and 0910-0458.

    III. Electronic Access

    Persons with access to the Internet may obtain the draft guidance at either http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: December 27, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-31771 Filed 12-30-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Prospective Grant of Exclusive License: Development, Manufacture and Commercialization of Gene Therapy Products for Human Gene Therapy Use To Treat and/or Prevent Methylmalonic Acidemia (MMA) AGENCY:

    National Institutes of Health (NIH).

    ACTION:

    Notice.

    SUMMARY:

    The National Human Genome Research Institute (NHGRI), an institute of the National Institutes of Health, Department of Health and Human Services, is contemplating the grant of an exclusive commercialization patent license to practice the inventions embodied in the Patent Applications listed in the Supplementary Information section of this notice License to Selecta Biosciences (“Selecta”) located in Watertown, Massachusetts.

    DATES:

    Only written comments and/or applications for a license which are received by the NCI Technology Transfer Center on or before January 18, 2017 will be considered.

    ADDRESSES:

    Requests for copies of the patent application, inquiries, comments, and other materials relating to the contemplated exclusive license should be directed to: Eggerton Campbell Ph.D., Licensing and Patenting Manager, Technology Transfer Office (TTO) National Human Genome Research Institute, National Institutes of Health, 5635 Fishers Lane, Suite 3058, MSC 9307, Bethesda, MD 20892-9307. Telephone: 301-402-1648. Fax: 301-402-9722. email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Intellectual Property 1. US Provisional Patent Application No.: 61/792,081 HHS Ref. No.: E-243-2012/0-US-01 2. PCT Patent Application No.: PCT/2014/028045 HHS Ref. No.: E-243-2012/0-PCT-02 3. EP Patent Application 14729502.6 HHS Ref. No.: E-243-2012/0-EP-03 4. US Patent Application No.: 14/773,885 HHS Ref. No.: E-243-2012/0-US-04 5. US Patent Application No.: 15/070,787 HHS Ref. No.: E-243-2012/1-US-01 and all continuing applications and foreign counterparts. The patent rights in these inventions have been assigned to the Government of the United States of America.

    The prospective exclusive license territory may be worldwide and the field of use may be limited to the use of Licensed Patent Rights for the following:

    Development, manufacture and commercialization of gene therapy products for human gene therapy use to treat and/or prevent Methylmalonic Acidemia (MMA) comprised of the following: all of or fragments of the synthetic methylmalonyl-CoA mutase (MUT) human polynucleotide (synMUT) and/or recombinant synMUT constructs, in combination with the following:

    the Anc80 vector or vectors derived from the Anc80 vectors, wherein the derived Anc80 vectors have capsid sequences possessing 90% or greater sequence identity to the Anc80 capsid sequences.

    For purposes of clarity, the above gene therapy products may be combined with Selecta's synthetic vaccine particles (SVPTM) technology encapsulating an immunomodulator.

    The subject technology discloses a synthetic codon-optimized human methylmalonyl-CoA mutase (MUT) cDNA gene (co-MUT) encoding human MUT protein, co-MUT constructs and uses thereof for treatment of MMA disorders. Such uses, may include the administration of immunomodulator(s) in order to maximize the advantage of the gene therapy, with fewer side effects. MMA is an autosomal recessive disorder caused by defects in the mitochondria-localized enzyme methylmalonyl-CoA mutase (MUT). MUT deficiency, the most common cause of MMA, is characterized by the accumulation of methylmalonic acid. MMA can lead to metabolic instability, seizures, strokes, and kidney failure, and can be lethal even when patients are being properly managed. If successfully developed, this invention would be a first of its kind therapy for MMA, by administering the disclosed nucleic acid, vector, or recombinant virus to a subject, optionally with an immunomodulator.

    This notice is made in accordance with 35 U.S.C. 209 and 37 CFR part 404. The prospective Exclusive Patent License will be royalty bearing and may be granted unless within fifteen (15) days from the date of this published notice, the National Human Genome Research Institute receives written evidence and argument that establishes that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR part 404.

    Complete applications for a license in the prospective field of use that are timely filed in response to this notice will be treated as objections to the grant of the contemplated Exclusive Patent License. Comments and objections submitted to this notice will not be made available for public inspection and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552.

    Dated: December 27, 2016. Claire T. Driscoll, Director, NHGRI Technology Transfer Office.
    [FR Doc. 2016-31834 Filed 12-30-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the National Cancer Institute Special Emphasis Panel, February 16, 2017, 08:00 a.m. to February 17, 2017, 05:00 p.m., Bethesda North Marriott Conference Hotel, 5701 Marinelli Road, Bethesda, MD 20852 which was published in the Federal Register on December 13, 2016, 81 FR 89953.

    The meeting notice is amended to change the date of the meeting to February 16, 2017 from 8:00 a.m. to 5:00 p.m. The meeting is closed to the public.

    Dated: December 27, 2016. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-31759 Filed 12-30-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Heart, Lung, and Blood Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel, Grant Review Neonatal Anemia.

    Date: January 25, 2017.

    Time: 8:00 a.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Bethesda Marriott Suites, 6711 Democracy Boulevard, Bethesda, MD 20817.

    Contact Person: Melissa E. Nagelin, Ph.D., Scientific Review Officer, Office of Scientific Review/DERA, National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, Room 7202, Bethesda, MD 20892, 301-435-0297, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)
    Dated: December 27, 2016. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-31760 Filed 12-30-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Special Emphasis Panel Human Aging and Somatic Mutations.

    Date: February 3, 2017.

    Time: 7:45 a.m. to 8:30 a.m.

    Agenda: To review and evaluate grant applications.

    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Greg Bissonette, Ph.D., Scientific Review Officer, National Institute on Aging, National Institutes of Health, Gateway Building, Suite 2W200, 7201 Wisconsin Avenue, Bethesda, MD 20892, 301-402-1622, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)
    Dated: December 27, 2016. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-31761 Filed 12-30-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Current List of HHS-Certified Laboratories and Instrumented Initial Testing Facilities Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal Agencies AGENCY:

    Substance Abuse and Mental Health Services Administration, HHS

    ACTION:

    Notice

    SUMMARY:

    The Department of Health and Human Services (HHS) notifies federal agencies of the laboratories and Instrumented Initial Testing Facilities (IITF) currently certified to meet the standards of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines). The Mandatory Guidelines were first published in the Federal Register on April 11, 1988 (53 FR 11970), and subsequently revised in the Federal Register on June 9, 1994 (59 FR 29908); September 30, 1997 (62 FR 51118); April 13, 2004 (69 FR 19644); November 25, 2008 (73 FR 71858); December 10, 2008 (73 FR 75122); and on April 30, 2010 (75 FR 22809).

    A notice listing all currently HHS-certified laboratories and IITFs is published in the Federal Register during the first week of each month. If any laboratory or IITF certification is suspended or revoked, the laboratory or IITF will be omitted from subsequent lists until such time as it is restored to full certification under the Mandatory Guidelines.

    If any laboratory or IITF has withdrawn from the HHS National Laboratory Certification Program (NLCP) during the past month, it will be listed at the end and will be omitted from the monthly listing thereafter.

    This notice is also available on the Internet at http://www.samhsa.gov/workplace.

    FOR FURTHER INFORMATION CONTACT:

    Giselle Hersh, Division of Workplace Programs, SAMHSA/CSAP, 5600 Fishers Lane, Room 16N03A, Rockville, Maryland 20857; 240-276-2600 (voice).

    SUPPLEMENTARY INFORMATION:

    The Mandatory Guidelines were initially developed in accordance with Executive Order 12564 and section 503 of Public Law 100-71. The “Mandatory Guidelines for Federal Workplace Drug Testing Programs,” as amended in the revisions listed above, requires strict standards that laboratories and IITFs must meet in order to conduct drug and specimen validity tests on urine specimens for federal agencies.

    To become certified, an applicant laboratory or IITF must undergo three rounds of performance testing plus an on-site inspection. To maintain that certification, a laboratory or IITF must participate in a quarterly performance testing program plus undergo periodic, on-site inspections.

    Laboratories and IITFs in the applicant stage of certification are not to be considered as meeting the minimum requirements described in the HHS Mandatory Guidelines. A HHS-certified laboratory or IITF must have its letter of certification from HHS/SAMHSA (formerly: HHS/NIDA), which attests that it has met minimum standards.

    In accordance with the Mandatory Guidelines dated November 25, 2008 (73 FR 71858), the following HHS-certified laboratories and IITFs meet the minimum standards to conduct drug and specimen validity tests on urine specimens:

    HHS-Certified Instrumented Initial Testing Facilities Dynacare, 6628 50th Street NW., Edmonton, AB Canada T6B 2N7, 780-784-1190, (Formerly: Gamma-Dynacare Medical Laboratories) HHS-Certified Laboratories ACM Medical Laboratory, Inc., 160 Elmgrove Park, Rochester, NY 14624, 844-486-9226 Aegis Analytical Laboratories, Inc., 345 Hill Ave., Nashville, TN 37210, 615-255-2400, (Formerly: Aegis Sciences Corporation, Aegis Analytical Laboratories, Inc., Aegis Analytical Laboratories) Alere Toxicology Services, 1111 Newton St., Gretna, LA 70053, 504-361-8989/800-433-3823, (Formerly: Kroll Laboratory Specialists, Inc., Laboratory Specialists, Inc.) Alere Toxicology Services, 450 Southlake Blvd., Richmond, VA 23236, 804-378-9130, (Formerly: Kroll Laboratory Specialists, Inc., Scientific Testing Laboratories, Inc.; Kroll Scientific Testing Laboratories, Inc.) Baptist Medical Center-Toxicology Laboratory, 11401 I-30, Little Rock, AR 72209-7056, 501-202-2783, (Formerly: Forensic Toxicology Laboratory Baptist Medical Center) Clinical Reference Laboratory, Inc., 8433 Quivira Road, Lenexa, KS 66215-2802, 800-445-6917 DrugScan, Inc., 200 Precision Road, Suite 200, Horsham, PA 19044, 800-235-4890 Dynacare *, 245 Pall Mall Street, London, ONT, Canada N6A 1P4, 519-679-1630, (Formerly: Gamma-Dynacare Medical Laboratories) ElSohly Laboratories, Inc., 5 Industrial Park Drive, Oxford, MS 38655, 662-236-2609 Fortes Laboratories, Inc., 25749 SW Canyon Creek Road, Suite 600, Wilsonville, OR 97070, 503-486-1023 Laboratory Corporation of America Holdings, 7207 N. Gessner Road, Houston, TX 77040, 713-856-8288/800-800-2387 Laboratory Corporation of America Holdings, 69 First Ave., Raritan, NJ 08869, 908-526-2400/800-437-4986, (Formerly: Roche Biomedical Laboratories, Inc.) Laboratory Corporation of America Holdings, 1904 Alexander Drive, Research Triangle Park, NC 27709, 919-572-6900/800-833-3984, (Formerly: LabCorp Occupational Testing Services, Inc., CompuChem Laboratories, Inc.; CompuChem Laboratories, Inc., A Subsidiary of Roche Biomedical Laboratory; Roche CompuChem Laboratories, Inc., A Member of the Roche Group) Laboratory Corporation of America Holdings, 1120 Main Street, Southaven, MS 38671, 866-827-8042/800-233-6339, (Formerly: LabCorp Occupational Testing Services, Inc.; MedExpress/National Laboratory Center) LabOne, Inc. d/b/a Quest Diagnostics, 10101 Renner Blvd., Lenexa, KS 66219, 913-888-3927/800-873-8845, (Formerly: Quest Diagnostics Incorporated; LabOne, Inc.; Center for Laboratory Services, a Division of LabOne, Inc.) MedTox Laboratories, Inc., 402 W. County Road D, St. Paul, MN 55112, 651-636-7466/800-832-3244 MetroLab-Legacy Laboratory Services, 1225 NE 2nd Ave., Portland, OR 97232, 503-413-5295/800-950-5295 Minneapolis Veterans Affairs Medical Center, Forensic Toxicology Laboratory, 1 Veterans Drive, Minneapolis, MN 55417, 612-725-2088, Testing for Veterans Affairs (VA) Employees Only National Toxicology Laboratories, Inc., 1100 California Ave., Bakersfield, CA 93304, 661-322-4250/800-350-3515 One Source Toxicology Laboratory, Inc., 1213 Genoa-Red Bluff, Pasadena, TX 77504, 888-747-3774, (Formerly: University of Texas Medical Branch, Clinical Chemistry Division; UTMB Pathology-Toxicology Laboratory) Pacific Toxicology Laboratories, 9348 DeSoto Ave., Chatsworth, CA 91311, 800-328-6942, (Formerly: Centinela Hospital Airport Toxicology Laboratory) Pathology Associates Medical Laboratories, 110 West Cliff Dr., Spokane, WA 99204, 509-755-8991/800-541-7891x7 Phamatech, Inc., 15175 Innovation Drive, San Diego, CA 92128, 888-635-5840 Quest Diagnostics Incorporated, 1777 Montreal Circle, Tucker, GA 30084, 800-729-6432, (Formerly: SmithKline Beecham Clinical Laboratories; SmithKline Bio-Science Laboratories) Quest Diagnostics Incorporated, 400 Egypt Road, Norristown, PA 19403, 610-631-4600/877-642-2216, (Formerly: SmithKline Beecham Clinical Laboratories; SmithKline Bio-Science Laboratories) Quest Diagnostics Incorporated, 8401 Fallbrook Ave., West Hills, CA 91304, 818-737-6370, (Formerly: SmithKline Beecham Clinical Laboratories) Redwood Toxicology Laboratory, 3700 Westwind Blvd., Santa Rosa, CA 95403, 800-255-2159 STERLING Reference Laboratories, 2617 East L Street, Tacoma, Washington 98421, 800-442-0438 US Army Forensic Toxicology Drug Testing Laboratory, 2490 Wilson St., Fort George G. Meade, MD 20755-5235, 301-677-7085, Testing for Department of Defense (DoD) Employees Only

    The following laboratory has voluntarily withdrawn from the National Laboratory Certification Program, as of January 6, 2017:

    Southwest Laboratories, 4625 E. Cotton Center Boulevard, Suite 177, Phoenix, AZ 85040, 602-438-8507/800-279-0027

    *The Standards Council of Canada (SCC) voted to end its Laboratory Accreditation Program for Substance Abuse (LAPSA) effective May 12, 1998. Laboratories certified through that program were accredited to conduct forensic urine drug testing as required by U.S. Department of Transportation (DOT) regulations. As of that date, the certification of those accredited Canadian laboratories will continue under DOT authority. The responsibility for conducting quarterly performance testing plus periodic on-site inspections of those LAPSA-accredited laboratories was transferred to the U.S. HHS, with the HHS' NLCP contractor continuing to have an active role in the performance testing and laboratory inspection processes. Other Canadian laboratories wishing to be considered for the NLCP may apply directly to the NLCP contractor just as U.S. laboratories do.

    Upon finding a Canadian laboratory to be qualified, HHS will recommend that DOT certify the laboratory (Federal Register, July 16, 1996) as meeting the minimum standards of the Mandatory Guidelines published in the Federal Register on November 25, 2008 (73 FR 71858). After receiving DOT certification, the laboratory will be included in the monthly list of HHS-certified laboratories and participate in the NLCP certification maintenance program.

    Charles LoDico, Chemist.
    [FR Doc. 2016-31775 Filed 12-30-16; 8:45 am] BILLING CODE 4162-20-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5909-N-98] 30-Day Notice of Proposed Information Collection: Public Housing Capital Fund Program AGENCY:

    Office of the Chief Information Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD has submitted the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, in accordance with the Paperwork Reduction Act. The purpose of this notice is to allow for an additional 30 days of public comment.

    DATES:

    Comments Due Date: February 2, 2017.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806. Email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Colette Pollard, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email Colette Pollard at [email protected] or telephone 202-402-3400. This is not a toll-free number. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    Copies of available documents submitted to OMB may be obtained from Ms. Pollard.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on September 14, 2016 at FR 81 63199.

    A. Overview of Information Collection

    Title of Information Collection: Public Housing Capital Fund Program.

    OMB Approval Number: 2577-0157.

    Type of Request: Extension of currently approved collection.

    Form Number: HUD Form 50075.1—Annual Statement/Performance and Evaluation Report and HUD-50075.2—Capital Fund Program Five-Year Action Plan, HUD-5084, HUD-5087, HUD-51000, HUD-51001, HUD-51002, HUD-51003, HUD-51004, HUD-51915, HUD-51915-A, HUD-51971-I-II, HUD-52396, HUD-52427, HUD-52482, HUD-52483-A, HUD-52484, HUD-52485, HUD-52651-A, HUD-52829, HUD-52830, HUD-52833, HUD-52845, HUD-52846, HUD-52847, HUD-52849, HUD-53001, HUD-53015, HUD-5370, HUD-5370EZ, HUD-5370C, HUD-5372, HUD-5378, HUD-5460, HUD-52828, 50071, 5370-C1, 5370-C2.

    Description of the need for the information and proposed use: Each year Congress appropriates funds to approximately 3,100 Public Housing Authorities (PHAs) for modernization, development, financing, and management improvements. The funds are allocated based on a complex formula. The forms in this collection are used to appropriately disburse and utilize the funds provided to PHAs. Additionally, these forms provide the information necessary to approve a financing transaction in addition to any Capital Fund Financing transactions. Respondents include the approximately 3,100 PHA receiving Capital Funds and any other PHAs wishing to pursue financing.

    Respondents (i.e. affected public): Public Housing Authorities.

    Form/Document Number of
  • respondents
  • Frequency Total
  • responses
  • Hours per
  • response
  • Total hours Cost per hour
  • ($)
  • Total cost
  • ($)
  • 1. HUD-5084 3,100 1 3,100 1.5 4,650.00 30 139,500 2. HUD-5087 50 1 50 3 150 50 7,500 3. HUD-50071 10 1 10 0.5 5 50 250 4. HUD-50075.1 3,100 1 3,100 2.2 6,820 30 204,600 5. HUD-50075.2 3,100 1 3,100 1 3,100 30 93,000 6. HUD-51000 590 1 590 1 590 30 17,700 7. HUD-51001 2,550 12 30,600 3.5 107,100.00 30 3,213,000 8. HUD-51002 1,600 5 8,000 1 8,000.00 30 240,000 9. HUD-51003 500 2 1,000 1.5 1,500.00 30 45,000 10. HUD-51004 500 2 1,000 2.5 2,500.00 30 75,000 11. HUD-51915 HUD-51915-A 2,630 1 2,630 3 7,890.00 30 236,700 12. HUD-51971-I, II 80 1 80 1.5 120 30 3,600 13. HUD-52396 96 1 96 2 192 30 5,760 14. HUD-5