Notice of Temporary Closure and Temporary Restrictions of Specific Uses on Public Lands for the Burning Man Event (Permitted Event), Pershing County, NV, 43228-43232 [2016-15681]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43228-43232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15681]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVW03500.L51050000.EA0000. LVRCF1604630 241A; MO#]


Notice of Temporary Closure and Temporary Restrictions of 
Specific Uses on Public Lands for the Burning Man Event (Permitted 
Event), Pershing County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: Notice is hereby given that under the authority of the Federal 
Land Policy and Management Act of 1976, as amended (FLPMA), the Bureau 
of Land Management (BLM) Winnemucca District, Black Rock Field Office, 
will implement a temporary closure and temporary restrictions to 
protect public safety and resources on public lands within and adjacent 
to the Burning Man event on the Black Rock Desert playa.

DATES: The temporary closure and temporary restrictions will be in 
effect from August 1 to September 21, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. William Mack, Jr., Black Rock 
Field Office Manager, Winnemucca District, 5100 E. Winnemucca Blvd., 
Winnemucca, NV 89445-2921, telephone: 775-623-1500, email: 
wmack@blm.gov. Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 to contact the above individual during normal business hours. 
The FIRS is available 24 hours a day, 7 days a week, to leave a message 
or question with the above individual. You will receive a reply during 
normal hours.

SUPPLEMENTARY INFORMATION: The temporary closure and temporary 
restrictions affect public lands within and adjacent to the Burning Man 
event permitted on the Black Rock Desert playa within the Black Rock 
Desert-High Rock Canyon Emigrant Trails National Conservation Area in 
Pershing County, Nevada. The legal description of the affected public 
lands in the temporary public closure area is:

Mount Diablo Meridian, Nevada

T. 33 N., R. 24 E., unsurveyed,
    Sec. 1, that portion lying northwesterly of East Playa Road;
    Sec. 2, that portion lying northwesterly of East Playa Road;
    Sec. 3;
    Sec. 4, that portion lying southeasterly of Washoe County Road 
34;
    Sec. 5;
    Sec. 8, NE\1/4\;
    Sec. 9, N\1/2\;
    Sec. 10, N\1/2\;
    Sec. 11, that portion of the N\1/2\ lying northwesterly of East 
Playa Road.
T. 33\1/2\ N., R. 24 E., unsurveyed,
    Secs. 25, 26, and 27;
    Sec. 28, that portion lying easterly of Washoe County Road 34;
    Sec. 33, that portion lying easterly of Washoe County Road 34;
    Secs. 34, 35, and 36.
T. 34 N., R. 24 E., partly unsurveyed,
    Sec. 23, S\1/2\;
    Sec. 24, S\1/2\;
    Secs. 25 and 26;
    Sec. 27, E\1/2\NE\1/4\, E\1/2\SW\1/4\, SE\1/4\;
    Sec. 33, NE\1/4\NE\1/4\, S\1/2\NE\1/4\, that portion of the 
SW\1/4\ lying northeasterly of Washoe County Road 34, SE\1/4\;
    Secs. 34, 35, and 36.
T. 33 N., R. 25 E.,
    Sec. 4, that portion lying northwesterly of East Playa Road.
T. 34 N., R. 25 E., unsurveyed,
    Sec. 16, S\1/2\;
    Sec. 21;
    Sec. 22, W\1/2\NW\1/4\, SW\1/4\;
    Sec. 27, W\1/2\;
    Sec. 28;
    Sec. 33, that portion lying northwesterly of East Playa Road;
    Sec. 34, that portion of the W\1/2\ lying northwesterly of East 
Playa Road.

The temporary closure area comprises approximately 14,153 acres in 
Pershing County, Nevada.

    The public closure is necessary for the period of time from August 
1 through September 21, 2016, because of the Burning Man event 
activities in the area, starting with fencing the site perimeter, final 
setup, the actual event (August 28 through September 5), initial phases 
of cleanup, and concluding with final site cleanup.
    The public closure area comprises about 13 percent of the Black 
Rock Desert playa. Public access to other areas of the playa will 
remain open and the other 87 percent of the playa outside the temporary 
closure area will remain open to dispersed casual use.
    The event area is contained within the temporary closure area. The 
event area is defined as the portion of the temporary closure area (1) 
entirely contained within the event perimeter fence, including 50 feet 
from the outside of the event perimeter fence; and (2) within 25 feet 
from the outside edge of the event access road; and includes the 
entirety of the aircraft parking area outside the event perimeter 
fence.
    The temporary closure and temporary restrictions are necessary to 
provide a safe environment for the participants of the permitted event 
and for members of the public visiting the Black Rock Desert, and to 
protect public land resources by addressing law enforcement and public 
safety concerns associated with the event. The event is expected to 
attract approximately

[[Page 43229]]

70,000 paid participants to a remote rural area, more than 90 miles 
from urban infrastructure and support, including public safety, 
transportation, and communication services. During the event, Black 
Rock City, the temporary city associated with the event, becomes one of 
the largest population areas in Nevada. This event is authorized on 
public land under Special Recreation Permit #NVW03500-16-01.
    The permitted event takes place within Pershing County, a rural 
county with a small population and a small Sheriff's Department. The 
temporary closure and temporary restrictions are necessary to enable 
BLM law enforcement personnel to provide for public safety and to 
protect the public lands, as well as to support and assist state and 
local agencies with enforcement of existing laws.
    A temporary closure and temporary restrictions order, under the 
authority of 43 CFR 8364.1, is appropriate for a single event. A 
temporary closure and temporary restrictions order is specifically 
tailored to the timeframe that is necessary to provide a safe 
environment for the public and for participants at the Burning Man 
event, and to protect public land resources while avoiding imposing 
restrictions that may not be necessary in the area during the remainder 
of the year.
    The BLM will post information signs and maps about the temporary 
closure and temporary restrictions at main entry points around the 
playa, at the BLM Winnemucca District Office, at the Nevada State 
Office, at the Black Rock Visitor Center and on the BLM's Web site: 
www.blm.gov/nv/st/en/fo/wfo.html.
    In addition to the Nevada Collateral Forfeiture and Bail Schedule 
as authorized by the United States District Court, District of Nevada 
and under the authority of Section 303(a) of FLPMA, 43 CFR 8360.0-7, 
and 43 CFR 8364.1, the BLM will enforce a temporary public closure and 
the following temporary restrictions will apply within and adjacent to 
the Burning Man event on the Black Rock Desert playa from August 1 
through September 21, 2016:

Temporary Restrictions

(a) Environmental Resource Management and Protection
    (1) No person may deface, disturb, remove, or destroy any natural 
object.
    (2) Fires/Campfires: The ignition of fires on the surface of the 
Black Rock playa without a burn blanket or burn pan is prohibited. 
Campfires may only be burned in containers that are stably elevated 
above the playa/ground surface and in a manner that do not pose a risk 
of fire debris falling onto the playa/ground surface. Plastic and other 
nonflammable materials may not be burned in campfires. The ignition of 
fires other than a campfire is prohibited. This restriction does not 
apply to event-sanctioned and regulated art burns during the event.
    (3) Fireworks: The use, sale, or possession of personal fireworks 
is prohibited except for uses of fireworks approved by the permit 
holder and used as part of a Burning Man-sanctioned art burn event.
    (4) Grey and Black Water Discharge: The discharge and dumping of 
grey water and black water onto the playa/ground surface is prohibited. 
Grey water is defined as water that has been used for cooking, washing, 
dishwashing, or bathing and/or contains soap, detergent, food scraps, 
or food residue, regardless of whether such products are biodegradable 
or have been filtered or disinfected. Black water is defined as waste 
water containing feces, urine, and/or flush water.
    (5) Human Waste: The depositing of human waste (liquid and/or 
solid) on the playa/ground surface is prohibited.
    (6) Trash: The discharge of any and all trash/litter (Matter Out Of 
Place (MOOP)) onto the playa/ground surface is prohibited. All event 
participants must pack out and properly dispose of all trash at an 
appropriate disposal facility off the playa.
    (7) Hazardous Materials: The dumping or discharge of vehicle oil, 
petroleum products, or other hazardous household, commercial, or 
industrial refuse or waste onto the playa/ground surface is prohibited. 
This applies to all recreational vehicles, trailers, motorhomes, port-
a-potties, generators, and other camp infrastructure.
    (8) Fuel Storage: All fuel must be stored in a designated fuel 
storage area located at least ten feet away from any flammable 
materials, including vehicles and camping trailers. Fuel storage areas 
must be provided with shade to prevent fuel containers from bloating, 
leaking, or spilling. The storage of more than 110 gallons of fuel in a 
single camp is prohibited. Storage areas for over 20 gallons of fuel 
must include a secondary containment measure capable of holding 110 
percent of the fuel being stored to prevent leaks and spills onto the 
playa/ground surface. Storage areas for less than 20 gallons of fuel 
must include a tarp, plywood, or other measure to prevent leaks and 
spills onto the playa/ground surface.
    (9) Water Discharge: The unauthorized dumping or discharge of water 
onto the playa/ground surface, onto city streets and/or other public 
areas, or onto camp electric systems in a manner that creates a hazard 
or nuisance is prohibited. This provision does not prohibit the use of 
water trucks contracted by the event organizer to provide dust 
abatement measures.
(b) Commercial Activities
    In accordance with Handbook H-2930-1 Chapter 1-C. Vending and the 
2016 Special Recreation Permit Stipulation for the permitted event, ALL 
venders and air carrier services must provide proof of authorization to 
operate at the event issued by the permitting agency and/or the permit 
holder upon request. Failure to provide such authorization would 
potentially result in eviction from the event.
(c) Aircraft Landing
    The public closure area is closed to aircraft landing, taking off, 
and taxiing. Aircraft is defined in Title 18, U.S.C., section 31(a)(1) 
and includes lighter-than-air craft and ultra-light craft. The 
following exceptions apply:
    (1) All aircraft operations, including ultra-light and helicopter 
landings and takeoffs will occur at the designated 88NV Black Rock City 
Airport landing strips and areas defined by airport management. All 
takeoffs and landings will occur only during the hours of operation of 
the airport as described in the Burning Man Operating Plan. All pilots 
that use the Black Rock City Airport must agree to and abide by the 
published airport rules and regulations;
    (2) Only helicopters providing emergency medical services may land 
at the designated Emergency Medical Services helicopter pad or at other 
locations when required for medical incidents. The BLM authorized 
officer or his/her delegated representative may approve other 
helicopter landings and takeoffs when deemed necessary for the benefit 
of the law enforcement operation; and
    (3) Landings or takeoffs of lighter-than-air craft previously 
approved by the BLM authorized officer may occur.
(d) Alcohol/Prohibited Substance
    (1) Possession of an open container of an alcoholic beverage by the 
driver or operator of any motorized vehicle, whether or not the vehicle 
is in motion, is prohibited.
    (2) Possession of alcohol by minors:
    The following are prohibited:
    (i) Consumption or possession of any alcoholic beverage by a person 
under 21 years of age on public lands; and
    (ii) Selling, offering to sell, or otherwise furnishing or 
supplying any alcoholic beverage to a person under 21 years of age on 
public lands.

[[Page 43230]]

    (3) Operation of a motor vehicle while under the influence of 
alcohol, narcotics, or dangerous drugs:
    (i) Title 43 CFR 8341.1(f)(3) prohibits the operation of an off-
road motor vehicle on public land while under the influence of alcohol, 
narcotics, or dangerous drugs.
    (ii) In addition to the prohibition found at 43 CFR 8341.1(f)(3), 
it is prohibited for any person to operate or be in actual physical 
control of a motor vehicle while:
    (A) The operator is under the combined influence of alcohol, a 
drug, or drugs to a degree that renders the operator incapable of safe 
operation of that vehicle; or
    (B) The alcohol concentration in the operator's blood or breath is 
0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 
grams or more of alcohol per 210 liters of breath.
    (C) The amount of a prohibited substance in the operator's urine or 
blood is equal to or greater than the following nanograms per 
milliliter (ng/ml):
    (1) Amphetamine: Urine, 500 ng/ml; blood, 100 ng/ml;
    (2) Cocaine: Urine, 150 ng/ml; blood, 50 ng/ml;
    (3) Cocaine metabolite: Urine,150 ng/ml; blood, 50 ng/ml;
    (4) Heroin: Urine, 2,000 ng/ml; blood, 50 ng/ml;
    (5) Heroin metabolite:
    (i) Morphine: Urine, 2,000 ng/ml; blood, 50 ng/ml;
    (ii) 6-monoacetyl morphine: Urine, 10 ng/ml; blood, 10 ng/ml;
    (6) Lysergic acid diethylamide: Urine, 25 ng/ml; blood, 10 ng/ml;
    (7) Marijuana: Urine, 10 ng/ml; blood, 2 ng/ml;
    (8) Marijuana metabolite: Urine, 15 ng/ml; blood, 5 ng/ml;
    (9) Methamphetamine: Urine, 500 ng/ml; blood, 100 ng/ml;
    (10) Phencyclidine: Urine, 25 ng/ml; blood,10 ng/ml;
    (iii) Tests:
    (A) At the request or direction of any law enforcement officer 
authorized by the Department of the Interior to enforce this closure 
and restriction order, who has probable cause to believe that an 
operator of a motor vehicle has violated a provision of paragraph (i) 
or (ii) of this section, the operator shall submit to one or more tests 
of the blood, breath, saliva, or urine for the purpose of determining 
blood alcohol and drug content.
    (B) Refusal by an operator to submit to a test is prohibited, and 
proof of refusal may be admissible in any related judicial proceeding.
    (C) Any test or tests for the presence of alcohol and drugs shall 
be determined by and administered at the direction of an authorized law 
enforcement officer.
    (D) Any test shall be conducted using accepted scientific methods 
and equipment of proven accuracy and reliability operated by personnel 
certified in its use.
    (iiii) Presumptive levels:
    (A) The results of chemical or other quantitative tests are 
intended to supplement the elements of probable cause used as the basis 
for the arrest of an operator charged with a violation of paragraph (i) 
of this section. If the alcohol concentration in the operator's blood 
or breath at the time of testing is less than alcohol concentrations 
specified in paragraph (ii)(B) of this section, this fact does not give 
rise to any presumption that the operator is or is not under the 
influence of alcohol.
    (B) The provisions of paragraph (iv)(A) of this section are not 
intended to limit the introduction of any other competent evidence 
bearing upon the question of whether the operator, at the time of the 
alleged violation, was under the influence of alcohol, a drug or 
multiple drugs, or any combination thereof.

iv. Definitions

    (A) Open container: Any bottle, can, or other container which 
contains an alcoholic beverage, if that container does not have a 
closed top or lid for which the seal has not been broken. If the 
container has been opened one or more times, and the lid or top has 
been replaced, that container is an open container.
    (B) Possession of an open container includes any open container 
that is physically possessed by the driver or operator, or is adjacent 
to and reachable by that driver or operator. This includes, but is not 
limited to, containers in a cup holder or rack adjacent to the driver 
or operator, containers on a vehicle floor next to the driver or 
operator, and containers on a seat or console area next to a driver or 
operator.
(e) Drug Paraphernalia
    (1) The possession of drug paraphernalia is prohibited.
    (2) Definition: Drug paraphernalia means all equipment, products 
and materials of any kind which are used, intended for use, or designed 
for use in planting, propagating, cultivating, growing, harvesting, 
manufacturing, compounding, converting, producing, preparing, testing, 
analyzing, packaging, repackaging, storing, containing, concealing, 
injecting, ingesting, inhaling or otherwise introducing into the human 
body a controlled substance in violation of any state or Federal law, 
or regulation issued pursuant to law.
(f) Disorderly Conduct
    (1) Disorderly conduct is prohibited. Disorderly conduct means that 
an individual, with the intent of recklessly causing public alarm, 
nuisance, jeopardy, or violence, or recklessly creating a risk thereof:
    (i) Engages in fighting or violent behavior;
    (ii) Uses language, an utterance, or gesture, or engages in a 
display or act that is physically threatening or menacing, or done in a 
manner that is likely to inflict injury or incite an immediate breach 
of the peace.
    (iii) Obstructs, resists, or attempts to elude a law enforcement 
officer, or fails to follow their orders or directions.
(g) Eviction of Persons
    (1) The public closure area is closed to any person who:
    (i) Has been evicted from the event by the permit holder, whether 
or not the eviction was requested by the BLM;
    (ii) Has been evicted from the event by the BLM; or
    (iii) Has been ordered by a law enforcement officer to leave the 
area of the permitted event.
    (2) Any person evicted from the event forfeits all privileges to be 
present within the perimeter fence or anywhere else within the public 
closure area even if they possess a ticket to attend the event.
(h) Motor Vehicles
    (1) Motor vehicles must comply with the following requirements:
    (i) The operator of a motor vehicle must possess a valid driver's 
license.
    (ii) Motor vehicles and trailers must possess evidence of valid 
registration, except for mutant vehicles, or other vehicles registered 
with the permitted event organizers and operated within the scope of 
that registration.
    (iii) Motor vehicles must possess evidence of valid insurance, 
except for mutant vehicles, or other vehicles registered with the 
permitted event organizers and operated within the scope of that 
registration.
    (iv) Motor vehicles and trailers must not block a street used for 
vehicular travel or a pedestrian pathway.
    (v) Motor vehicles must not exceed the posted speed limit.
    (vi) No person shall occupy a trailer while the motor vehicle is in 
transit upon a roadway, except for mutant vehicles, or other vehicles 
registered with the permitted event organizers and operated within the 
scope of that registration.

[[Page 43231]]

    (vii) Motor vehicles, other than a motorcycle or golf cart, must be 
equipped with at least two working headlamps, at least two functioning 
tail lamps and at least two functioning brake lights, except for mutant 
vehicles, or other vehicles registered with the permitted event 
organizers and operated within the scope of that registration, so long 
as they are adequately lit according to Black Rock City, LLC Department 
of Mutant Vehicle requirements.
    (viii) Trailers pulled by motor vehicles must be equipped with at 
least two functioning tail lamps and at least two functioning brake 
lights.
    (ix) Motor vehicles must display an unobstructed rear license plate 
that is in a place and position to be clearly visible, maintained free 
from foreign materials, and in a condition to be clearly legible, 
except for mutant vehicles, or other vehicles registered with the 
permitted event organizers and operated within the scope of that 
registration.
    (2) The public closure area is closed to motor vehicle use, except 
as provided below. Motor vehicles may be operated within the public 
closure area under the circumstances listed below:
    (i) Participant arrival and departure on designated routes;
    (ii) BLM, medical, law enforcement, and firefighting vehicles are 
authorized at all times;
    (iii) Vehicles, mutant vehicles, or art cars operated by the permit 
holder's staff or contractors and service providers on behalf of the 
permit holder are authorized at all times. These vehicles must display 
evidence of event registration at all times in such manner that it is 
visible to the rear of the vehicle while the vehicle is in motion;
    (iv) Vehicles used by disabled drivers and displaying official 
state disabled driver license plates or placards are authorized at all 
times;
    (v) Motorized skateboards, electric assist bicycles, or Go-Peds 
with or without handlebars;
    (vi) Participant drop-off of approved burnable(s) and wood to the 
Burn Garden/Wood Reclamation Stations (located on open playa at 3:00, 
6:00, 9:00 Promenades and the Man base) from 10:00 a.m. Sunday through 
the end of day Tuesday, post event; and
    (vii) Passage through, without stopping, the public closure area on 
the west or east playa roads.
    (viii) Support vehicles for art vehicles, mutant vehicles and theme 
camps will be allowed to drive to and from fueling stations.
    (3) Definitions:
    (i) A motor vehicle is any device designed for and capable of 
travel over land and which is self-propelled by a motor, but does not 
include any vehicle operated on rails or any motorized wheelchair.
    (ii) Motorized wheelchair means a self-propelled wheeled device, 
designed solely for and used by a mobility-impaired person for 
locomotion.
    (iii) ``Trailer'' means every vehicle without motive power designed 
to carry property or passengers wholly on its own structure and to be 
drawn by a motor vehicle. This includes a U-Haul, Camp trailer, pop-up 
trailer, 4' x 7' or larger flatbed trailer, enclosed cargo trailer, or 
RV style trailer.
(i) Public Camping
    The public closure area is closed to public camping with the 
following exceptions:
    (1) The permitted event's ticket holders, who are camped in 
designated event areas provided by the permit holder;
    (2) Ticket holders who are camped in the authorized pilot camp;
    (3) The permit holder's authorized staff, contractors, and BLM 
authorized event managers.
(j) Public Use
    The public closure area is closed to use by members of the public, 
unless that person is traveling through, without stopping, the public 
closure area on the west or east playa roads; possesses a valid ticket 
to attend the event; is an employee or authorized volunteer with the 
BLM, a law enforcement officer, emergency medical service provider, 
fire protection provider, or another public agency employee working at 
the event and that individual is assigned to the event; is a person 
working at or attending the event on behalf of the permit holder; or is 
authorized by the permit holder to be onsite prior to the commencement 
of the event for the primary purpose of constructing, creating, 
designing or installing art, displays, buildings, facilities or other 
items and structures in connection with the event; or is a commercial 
operation to provide services to the event organizers and/or 
participants authorized by the permit holder through a contract or 
agreement and authorized by BLM through a Special Recreation Permit.
(k) Unmanned Aircraft Systems
    (1) The use of unmanned aircraft systems (UAS) is prohibited, 
unless the operator is registered through and complies with the Remote 
Control BRC program (RCBRC) and operates the UAS in accordance with 
Federal laws and regulations.
    (2) Definitions:
    (i) Unmanned aircraft means an aircraft operated without the 
possibility of direct human intervention from within or on the 
aircraft.
    (ii) An UAS is the unmanned aircraft and all of the associated 
support equipment, control station, data links, telemetry, 
communications and navigation equipment, etc., necessary to operate the 
unmanned aircraft.
(l) Lasers
    (1) The possession and/or use of handheld lasers are prohibited. A 
laser means any hand held laser beam device or demonstration laser 
product that emits a single point of light amplified by the stimulated 
emission of radiation that is visible to the human eye.
(m) Weapons
    (1) The possession of any weapon is prohibited except weapons 
within motor vehicles passing, without stopping, through the public 
closure area on the west or east playa roads.
    (2) The discharge of any weapon is prohibited.
    (3) The prohibitions above shall not apply to county, state, tribal 
and Federal law enforcement personnel who are working in their official 
capacity at the event.
    (4) ``Art projects'' that include weapons and are sanctioned by the 
permit holder will be permitted after obtaining authorization from the 
BLM authorized officer.
    (5) Definitions:
    (i) Weapon means a firearm, compressed gas, or spring powered 
pistol or rifle, bow and arrow, cross bow, blowgun, spear gun, hand-
thrown spear, sling shot, irritant gas device, electric stunning or 
immobilization device, explosive device, any implement designed to 
expel a projectile, switch-blade knife, any blade which is greater than 
10 inches in length from the tip of the blade to the edge of the hilt 
or finger guard nearest the blade (e.g., swords, dirks, daggers, 
machetes), or any other weapon the possession of which is prohibited by 
state law. Exception: This rule does not apply in a kitchen or cooking 
environment or where an event worker is wearing or utilizing a 
construction knife for their duties at the event.
    (ii) Firearm means any pistol, revolver, rifle, shotgun, or other 
device which is designed to, or may be readily converted to, expel a 
projectile by the ignition of a propellant.
    (iii) Discharge means the expelling of a projectile from a weapon.

[[Page 43232]]

(n) Penalties
    Any person who violates the above rules and restrictions may be 
tried before a United States Magistrate and fined in accordance with 18 
U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C. 1733(a) 
and 43 CFR 8360.0-7, or both.
    In accordance with 43 CFR 8365.1-7, State or local officials may 
also impose penalties for violations of Nevada law.

    Authority:  43 CFR 8364.1.

William Mack, Jr.,
Black Rock Field Office Manager, Winnemucca District.
[FR Doc. 2016-15681 Filed 6-30-16; 8:45 am]
 BILLING CODE 4310-HC-P