Vol. 80 Monday, No. 109 June 8, 2015

Pages 32267–32438

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 80, No. 109

Monday, June 8, 2015

Agriculture Department Safety Zones: See Forest Service Chicago Harbor, Navy Pier Southeast, Chicago, IL, 32313 Recurring Events in Captain of the Port Boston Zone, Antitrust Division 32312–32313 NOTICES PROPOSED RULES Membership Changes under the National Cooperative Safety Zones: Research and Production Act: Nighttime Air show, Milwaukee Harbor; Milwaukee, WI, Cooperative Research Group on Advanced Engine Fluids, 32318–32321 32411 Recurring Events in Captain of the Port Duluth Zone, Cooperative Research Group on Separation Technology 32321–32324 Research Program, 32411 Heterogeneous System Architecture Foundation, 32411 Commerce Department See International Trade Administration Bureau of Consumer Financial Protection See National Oceanic and Atmospheric Administration NOTICES Meetings: Defense Department Consumer Advisory Board, 32367 NOTICES Charter Renewals: Bureau of the Fiscal Service Federal Advisory Committees, 32367–32368 NOTICES Agency Information Collection Activities; Proposals, Drug Enforcement Administration Submissions, and Approvals: NOTICES Creditor’s Request for Payment of Treasury Securities Manufacturer of Controlled Substances Application: Belonging to a Decedent’s Estate Being Settled MALLINCKRODT, LLC, 32411–32412 Without Administration, 32435 Manufacturer of Controlled Substances Registration: Disposition of Treasury Securities Belonging to a S and B PHARMA, INC., 32412 Decedent’s Estate Being Settled Without Administration, 32434–32435 Energy Department See Federal Energy Regulatory Commission Centers for Disease Control and Prevention NOTICES Environmental Protection Agency Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 32383–32385 Air Quality State Implementation Plans; Approvals and Meetings: Promulgations: Disease, Disability, and Injury Prevention and Control South Carolina; Infrastructure Requirements for the 2008 Special Emphasis Panel, 32385 Lead National Ambient Air Quality Standards, Disease, Disability, and Injury Prevention and Control 32324–32333 Special Emphasis Panel, 32386 NOTICES Tribal Advisory Committee and Tribal Consultation Meetings: Session, 32385–32386 National Drinking Water Advisory Council, 32372–32373

Chemical Safety and Hazard Investigation Board Farm Credit Administration NOTICES RULES Meetings; Sunshine Act, 32339 Organization and Functions; Field Office Locations, 32294

Children and Families Administration Farm Credit System Insurance Corporation NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: Farm Credit System Insurance Corporation Board, 32373 Plan for Foster Care and Adoption Assistance — Title IV– E, 32386 Federal Accounting Standards Advisory Board NOTICES Civil Rights Commission Guidance: NOTICES Opening Balances for Inventory, Operating Materials and Meetings: Supplies and Stockpile Materials; Exposure Draft, Florida Advisory Committee, 32339–32340 32373 Oklahoma Advisory Committee, 32340 Federal Aviation Administration Coast Guard RULES RULES Airworthiness Directives: Drawbridge Operations: Airbus Helicopters (Previously Eurocopter France) Reynolds Channel, Nassau, NY, 32312 Helicopters, 32294–32297

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Standard Instrument Approach Procedures, and Takeoff Preliminary Permit Applications: Minimums and Obstacle Departure Procedures, 32297– Virterras Hydro Power, Inc., 32372 32303 Requests under Blanket Authorizations: PROPOSED RULES Equitrans, LP, 32371 Airworthiness Directives: Pratt and Whitney Turbofan Engines, 32316–32318 Federal Railroad Administration Rolls-Royce Deutschland Ltd and Co KG Turbofan NOTICES Engines, 32315–32316 Petitions for Waivers of Compliance: NOTICES Union Pacific Railroad Co., 32433 Meetings: RTCA Special Committee 224, Airport Security Access Federal Trade Commission Control Systems, 32431–32432 NOTICES Petitions for Exemptions; Summaries: Consent Orders: California Shock Trauma Air Rescue, 32432 Reynolds American, Inc. and Lorillard Inc., 32374–32383 International Council of Air Shows Experimental Aircraft Association Warbirds of America, 32430–32431 Fish and Wildlife Service Those Amazing Performers LLC DBA Team NOTICES AeroDynamix, 32431 Environmental Assessments; Availability, etc.: Request to Release Airport Property: Genetically Modified Crops in National Wildlife Refuge Colorado Springs Airport, Colorado Springs, CO, 32432– Farming Programs; Discontinuance, 32409–32410 32433

Federal Deposit Insurance Corporation Food and Drug Administration RULES NOTICES Terminations of Receiverships: Color Additives: Chipola Community Bank, Marianna, FL, 32373–32374 Mica-Based Pearlescent Pigments; Exemption from Security Bank of Houston County, Perry, GA, 32374 Certification, 32303–32307 Medical Devices: Federal Emergency Management Agency Cardiovascular Devices; Nonroller-Type Cardiopulmonary PROPOSED RULES Bypass Blood Pumps for Cardiopulmonary and Flood Elevation Determinations: Circulatory Bypass; Reclassification; etc., 32307– Lafayette Parish, LA, and Incorporated Areas, 32334– 32311 32335 St. Mary Parish, LA, and Incorporated Areas, 32336– Foreign Assets Control Office 32337 NOTICES Flood Elevation Determinations; Correction, 32335–32336 Blocking or Unblocking of Persons and Properties, 32435– NOTICES 32436 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Forest Service National Urban Search and Rescue Response System, NOTICES 32391–32392 Meetings: Changes in Flood Hazard Determinations, 32393–32395, Lake Tahoe Basin Federal Advisory Committee, 32338– 32499–32405 32339 Final Flood Hazard Determinations, 32405–32407 Ravalli Resource Advisory Committee, 32338 Meetings: Technical Mapping Advisory Council, 32392–32393 Geological Survey Proposed Flood Hazard Determinations, 32395–32399, NOTICES 32402–32403 Requests for Nominations: Advisory Committee on Climate Change and Natural Federal Energy Regulatory Commission Resource Science, 32410 NOTICES Complaints: Health and Human Services Department Southwestern Electric Cooperative, Inc. v. Midcontinent See Centers for Disease Control and Prevention Independent System Operator, Inc., et al., 32371– See Children and Families Administration 32372 See Food and Drug Administration Environmental Assessments; Availability, etc.: See National Institutes of Health Lebanon West II Project; Dominion Transmission, Inc., PROPOSED RULES 32369–32370 World Trade Center Health Program: Exemption Transfers: Autoimmune Diseases; Finding of Insufficient Evidence, Stuwe and Davenport Partnership, LLC from Stuwe and 32333–32334 Davenport Partnership, 32372 NOTICES Meetings: Designation of a Class of Employees for Addition to the Northern Indiana Public Service Co. v. Midcontinent Special Exposure Cohort, 32386–32387 Independent System Operator, Inc. and PJM Interconnection, LLC; Technical Conferences, 32370– Homeland Security Department 32371 See Coast Guard Permit Applications: See Federal Emergency Management Agency Symphony Hydro, LLC, 32368–32369 See U.S. Citizenship and Immigration Services

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RULES National Oceanic and Atmospheric Administration Changes to the Visa Waiver Program to Implement the RULES Electronic System for Travel Authorization Program International Fisheries: and the Fee for Use of the System, 32267–32294 Western and Central Pacific Fisheries for Highly Migratory Species; Closure of Purse Seine Fishery in Housing and Urban Development Department the ELAPS in 2015, 32313–32314 NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 32364–32365 Multifamily Financial Management Template, 32408– Endangered and Threatened Species Recovery Plans, 32409 32365–32367 Requests for Nominations: Interior Department Pacific Whiting Advisory Panel Joint Management See Fish and Wildlife Service Committee, 32363–32364 See Geological Survey Takes of Marine Mammals Incidental to Specified NOTICES Activities: Meetings: U.S. Navy Joint Logistics Over-the-Shore Training Exxon Valdez Oil Spill Public Advisory Committee, Activities in Virginia and North Carolina, 32363 32410–32411 Vashon Seismic Retrofit Project, 32357–32363

International Trade Administration National Science Foundation NOTICES NOTICES Antidumping or Countervailing Duty Investigations, Orders, Meetings; Sunshine Act, 32412–32413 or Reviews: Aluminum Extrusions from the People’s Republic of Nuclear Regulatory Commission China, 32347–32352 NOTICES Certain Preserved Mushrooms from the People’s Republic Direct Transfers of Licenses: of China, 32355–32357 Duke Energy Florida, Inc.; Crystal River Unit 3 Nuclear Certain Preserved Mushrooms from the People’s Republic Generating Plant, 32416–32418 of China, 32352–32353 License Amendments: Citric Acid and Certain Citrate Salts, 32346–32347 Virgil C. Summer Nuclear Station, Units 2 and 3, 32413– Citric Acid and Certain Citrate Salts from Canada, 32342– 32416 32343 Permit Applications: Citric Acid and Certain Citrate Salts from the People’s Northwest Medical Isotopes, LLC, 32418–32419 Republic of China, 32353–32355 Diamond Sawblades and Parts Thereof from the People’s Postal Service Republic of China, 32344–32346 NOTICES Purified Carboxymethylcellulose from the Netherlands, Product Changes: 32340–32342 Priority Mail Negotiated Service Agreement, 32419

Justice Department Presidio Trust See Antitrust Division NOTICES See Drug Enforcement Administration Meetings: NOTICES Presidio Institute Advisory Council, 32419–32420 Proposed Consent Decrees under the Clean Water Act, 32412 Securities and Exchange Commission NOTICES National Institutes of Health Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 32420, 32423–32425 Agency Information Collection Activities; Proposals, Meetings; Sunshine Act, 32424 Submissions, and Approvals: Self-Regulatory Organizations; Proposed Rule Changes: Characterization of Risk of HIV and HIV Outcomes in the NYSE Arca, Inc., 32420–32423, 32425 Brazilian Sickle Cell Disease Population and NYSE MKT, LLC, 32427–32430 Comparison of SCD Outcomes Between HIV Sero- The Depository Trust Co., 32425–32427 Positive and Negative SCD Patients, 32388–32389 Meetings: Surface Transportation Board National Institute of Allergy and Infectious Diseases, NOTICES 32389–32390 2014 Tax Information for Use in the Revenue Shortfall National Institute of Dental and Craniofacial Research, Allocation Method, 32433–32434 32390 National Institute of Diabetes and Digestive and Kidney Trade Representative, Office of United States Diseases, 32389 NOTICES National Institute of General Medical Sciences, 32390 Tariff-Rate Quotas: Volume for Raw Cane Sugar; Reallocation, 32430 National Labor Relations Board NOTICES Transportation Department National Labor Relations Board FY 2014 Service Contract See Federal Aviation Administration Inventory; Availability, 32412 See Federal Railroad Administration

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See Surface Transportation Board U.S.-China Economic and Security Review Commission NOTICES Meetings: Treasury Department U.S.-China Economic and Security Review Commission, See Bureau of the Fiscal Service 32437 See Foreign Assets Control Office NOTICES Meetings: Reader Aids President’s Advisory Council on Financial Capability for Young Americans, 32436–32437 Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. U.S. Citizenship and Immigration Services To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Agency Information Collection Activities; Proposals, listserv.access.gpo.gov and select Online mailing list Submissions, and Approvals: archives, FEDREGTOC-L, Join or leave the list (or change E-Verify Program, 32408 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

8 CFR 217...... 32267 12 CFR 600...... 32294 14 CFR 39...... 32294 97 (2 documents) ...... 32297, 32299 Proposed Rules: 39 (2 documents) ...... 32315, 32316 21 CFR 73...... 32303 870...... 32307 33 CFR 117...... 32312 165 (2 documents) ...... 32312, 32313 Proposed Rules: 165 (2 documents) ...... 32318, 32321 40 CFR Proposed Rules: 52...... 32324 42 CFR Proposed Rules: 88...... 32333 44 CFR Proposed Rules: 67 (5 documents) ...... 32334, 32335, 32336, 32337 50 CFR 300...... 32313

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Rules and Regulations Federal Register Vol. 80, No. 109

Monday, June 8, 2015

This section of the FEDERAL REGISTER Table of Contents Executive Summary contains regulatory documents having general Prior to implementing the Electronic applicability and legal effect, most of which Executive Summary are keyed to and codified in the Code of I. Background and Purpose System for Travel Authorization Federal Regulations, which is published under A. The Visa Waiver Program (ESTA), international travelers from 50 titles pursuant to 44 U.S.C. 1510. B. The Electronic System for Travel Visa Waiver Program (VWP) countries 1 Authorization (ESTA) were not evaluated, in advance of travel, The Code of Federal Regulations is sold by C. The Fee for Use of ESTA and the Travel for eligibility to travel to the United the Superintendent of Documents. Prices of Promotion Act Fee States under the VWP. In the wake of new books are listed in the first FEDERAL II. Discussion of Comments Submitted in the tragedy of September 11, 2001, REGISTER issue of each week. Response to the Interim Final Rule Congress enacted the Implementing Establishing ESTA and Interim Final Recommendations of the 9/11 Rule Announcing the ESTA Fee Commission Act of 2007, Public Law DEPARTMENT OF HOMELAND A. Overview 110–53. To address this identified SECURITY B. Discussion of Comments 1. Impact on Travel vulnerability of the VWP, section 711 of 8 CFR Part 217 2. Impact on Short Notice Travelers the Implementing Recommendations of 3. Implementation of ESTA the 9/11 Commission Act of 2007 [Docket Nos. USCBP–2008–003 and 4. Plain Language and ESTA Web Site (section 711 of the 9/11 Act), was USCBP–2010–0025; CBP Dec. No. 15–08] Assistance enacted, requiring the Secretary of 5. Internet Concerns and Third Party Homeland Security to implement a RIN 1651–AA72 and RIN 1651–AA83 Applications system that would provide for the 6. The Role of ESTA for VWP Travelers advance screening of international Changes to the Visa Waiver Program 7. In-Transit Travel travelers by allowing DHS to identify To Implement the Electronic System 8. ESTA Enforcement subjects of potential interest before they for Travel Authorization (ESTA) 9. State Department Coordination board a conveyance destined for the Program and the Fee for Use of the 10. ESTA Expansion to Land Arrivals United States. System 11. Impact on Existing Laws and On June 9, 2008, the Department of Agreements Homeland Security (DHS) published an AGENCY: U.S. Customs and Border 12. I–94W Paper Form Protection; DHS. 13. Preclearance Ports and Internet Kiosks interim final rule in the Federal Register (73 FR 32440) announcing the ACTION: Final rule. 14. ESTA Applications at Airports 15. ESTA Validity Period creation of the ESTA program for SUMMARY: This rule adopts as final, with 16. Passport Issues nonimmigrant aliens traveling to the one substantive change, interim 17. Denied Travel Authorization United States by air or sea under the amendments to DHS regulations 18. Expedited Review VWP. On November 13, 2008, DHS published in the Federal Register on 19. ESTA Application Status Notifications published a notice in the Federal June 9, 2008 and August 9, 2010 for Travelers and Carriers Register (73 FR 67354) announcing that regarding the Electronic System for 20. Proof of Travel Authorization ESTA would be mandatory for all VWP 21. Mandatory and Optional Data Elements Travel Authorization (ESTA). ESTA is participants traveling to the United 22. ESTA Interaction With Other Systems the online system through which States at air or sea ports of entry 23. Method of Payment beginning January 12, 2009. nonimmigrant aliens intending to enter 24. ESTA Fee and the Travel Promotion the United States under the Visa Waiver On March 4, 2010, the United States Act (TPA) Fee Capitol Police Administrative Technical Program (VWP) must obtain a travel 25. APA Procedures Corrections Act of 2009, Public Law authorization in advance of travel to the 26. Effective Date United States. The June 9, 2008 interim 27. Privacy 111–145, was enacted. Section 9 of this final rule established ESTA and set the 28. Economic Analysis; Regulatory law, the Travel Promotion Act of 2009 requirements for use for travel through Flexibility Act; Paperwork Reduction (TPA), mandated the Secretary of air and sea ports of entry. The August Act Homeland Security to establish a fee for 9, 2010 interim final rule established the 29. Comments That Are Beyond the Scope the use of ESTA and begin assessing and fee for ESTA. This document addresses of the IFRs collecting the fee. comments received in response to both III. Conclusion 1 rules and some operational A. Regulatory Amendments With respect to all references to ‘‘country’’ or B. Operational Modifications ‘‘countries’’ in this document, it should be noted modifications affecting VWP applicants IV. Statutory and Regulatory Requirements that the Taiwan Relations Act of 1979, Public Law and travelers since the publication of A. Executive Order 13563 and Executive 96–8, Section 4(b)(1), provides that ‘‘[w]henever the the interim rules. laws of the United States refer or relate to foreign Order 12866 countries, nations, states, governments, or similar DATES: This rule is effective on July 8, B. Regulatory Flexibility Act entities, such terms shall include and such laws 2015. C. Unfunded Mandates Reform Act of 1995 shall apply with respect to Taiwan.’’ 22 U.S.C. FOR FURTHER INFORMATION CONTACT: D. Executive Order 13132 3303(b)(1). Accordingly, all references to ‘‘country’’ or ‘‘countries’’ in the Visa Waiver Program Suzanne Shepherd, U.S. Customs and E. Paperwork Reduction Act F. Executive Order 12988 Civil Justice authorizing legislation, Section 217 of the Border Protection, Office of Field Immigration and Nationality Act, 8 U.S.C. 1187, are Reform Operations, at suzanne.m.shepherd@ read to include Taiwan. This is consistent with the G. Privacy United States’ one-China policy, under which the dhs.gov and (202) 344–3710. List of Subjects United States has maintained unofficial relations SUPPLEMENTARY INFORMATION: Regulations with Taiwan since 1979.

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On August 9, 2010, DHS published an Form I–94W Nonimmigrant Visa Waiver ESTA application and paper Form interim final rule in the Federal Arrival/Departure paper form upon I–94W that will allow DHS to collect Register (75 FR 47701) announcing that, arrival in the United States at air and more detailed information about VWP beginning September 8, 2010, a $4 sea ports of entry. Also, VWP travelers travelers by making previously optional ESTA fee would be charged to each who provide an email address to DHS questions mandatory and by adding ESTA applicant to ensure recovery of when they submit their application will questions concerning aliases, the full costs of providing and receive an automated email notification employment, and emergency contact administering the system and an indicating that their ESTA travel information among other data elements. additional $10 TPA fee would be authorization will be expiring soon. These changes are necessary to improve charged to each applicant receiving DHS has also updated the information the screening of travelers before their travel authorization through September on the ESTA Web site to address some admittance into the U.S. All of the 30, 2015.2 of the comments. Additionally, DHS has changes in the referenced notices took DHS received a total of 39 made some changes to the required effect on November 3, 2014. submissions in response to the June 9, ESTA application and paper Form I– This rule is considered an 2008 and August 9, 2010 interim final 94W. rules. Most of these submissions On November 26, 2013, DHS economically significant regulatory contained comments providing support, published a 60-day notice and request action because it will have an annual voicing concerns, highlighting issues, or for comments in the Federal Register effect on the U.S. economy of $100 offering suggestions for modifications to (78 FR 70570) regarding the extension million or more in any one year. Costs the ESTA program. and revision of information collection to U.S. entities include the cost to After review of the comments, this 1651–0111. On February 14, 2014, DHS carriers to modify or develop systems to rule finalizes the June 9, 2008 interim published a 30-day notice and request transmit ESTA information to DHS. final rule regarding the ESTA program for comments in the Federal Register ESTA provides benefits to U.S. and the August 9, 2010 interim final (79 FR 8984) regarding the extension entities by reducing the number of rule regarding the ESTA fee for and revision of that information inadmissible aliens who would arrive in nonimmigrant aliens traveling to the collection. Both notices describe various the United States by more than 40,000 United States by air or sea under the proposed changes to the ESTA per year. This reduces the number of VWP with one substantive regulatory application and paper Form I–94W aliens DHS will have to process in the change allowing the Secretary of questions to make them more United States who would be found to be Homeland Security to adjust ESTA understandable to VWP travelers, inadmissible upon their arrival, reduces travel authorization validity periods on including revisions to the questions the number of inadmissible aliens a per country basis to the three year about communicable diseases, crimes carriers would need to transport back to maximum or to a lesser period of time. involving moral turpitude, engagement their points of origin, and reduces wait This final rule also contains one minor in terrorist activities, fraud, employment times for other international travelers technical change that removes the in the U.S., visa denials, and visa arriving at U.S. ports of entry. Though specific reference to the Pay.gov overstays. DHS also proposed to remove not a quantifiable benefit, this rule will payment system. In addition, based on a question about the custody of enhance security by providing DHS the experience gained from operating children. On December 9, 2014, DHS with information on travelers before the ESTA program since its inception published another 60-day notice and they board a conveyance destined for and the comments received, DHS has request for comments in the Federal the United States. Table ES–1 shows the made a few operational changes to Register (79 FR 73096) regarding the range of annualized costs and benefits of ESTA as it was described in the two extension and revision of information this rule to each U.S. entity from 2008– interim final rules. For example, VWP collection 1651–0111. This notice 2018, using 3 and 7 percent discount travelers no longer need to complete the concerns additional changes to the rates.

ES–1—ANNUALIZED COSTS AND BENEFITS OF THE RULE TO U.S. ENTITIES, 2008–2018 [$2013]

3% Discount rate 7% Discount rate

Costs

Carriers—Systems ...... $22 million ...... $24 million.

Benefits

Carriers—Inadmissibility Savings ...... 65 million to 69 million ...... 63 million to 66 million. CBP—Inadmissibility Savings ...... 6 million ...... 6 million. Total Inadmissibility Savings ...... 71 million to 75 million ...... 69 million to 72 million. Carriers—Forms Maintenance Savings ...... 2 million ...... 2 million. CBP—Forms Maintenance Savings ...... 0.2 million ...... 0.2 million. Total Forms Maintenance Savings ...... 2 million ...... 2 million.

2 The TPA authorized collection of the $10 TPA TPA by extending the sunset provision of the TPA extended by the Travel Promotion, Enhancement, fee through September 30, 2014. However, on July fee and authorizing the Secretary to collect this fee and Modernization Act of 2014 through September 2, 2010, the Homebuyer Assistance and through September 30, 2015. See Public Law 111– 30, 2020. Improvement Act of 2010, in part, amended the 198 at § 5. The sunset provision was further

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In addition to costs and benefits to travelers to obtain a B–1/B–2 visa if a I–94W or Form I–94. Table ES–2 shows U.S. entities, this rule will affect foreign travel authorization is denied. Benefits the range of annualized costs and entities. Costs to foreign entities include to foreign entities include the savings to benefits of this rule to each foreign the cost (the $14 fee and related foreign travelers in new VWP countries entity from 2008–2018, using 3 and 7 expenses) and time burden for foreign for no longer needing to apply for visas percent discount rates. travelers to obtain a travel authorization, and the savings to foreign travelers in no and the cost and time burden for foreign longer needing to fill out a paper Form

ES–2—ANNUALIZED COSTS AND BENEFITS OF THE RULE TO FOREIGN ENTITIES, 2008–2018 [$2013]

3% Discount rate 7% Discount rate

Costs

Travelers—Fee for Travel Authorization ...... $131 million to $138 million .... $127 million to $133 million. Travelers—Time Burden for Travel Authorization ...... 126 million to 282 million ...... 122 million to 271 million. Travelers—Visa Costs ...... 14 million to 21 million ...... 14 million to 21 million.

Benefits

Travelers—Visa Savings ...... 182 million to 244 million ...... 173 million to 231 million. Travelers—I–94/I–94W Savings ...... 67 million to 150 million ...... 65 million to 144 million.

I. Background and Purpose eligibility of the applicant to travel to law, the Travel Promotion Act of 2009 the United States under the VWP, and (TPA), mandated the Secretary of A. The Visa Waiver Program whether such travel poses a law Homeland Security to establish a fee for Pursuant to section 217 of the enforcement or security risk. See 8 the use of ESTA and begin assessing and Immigration and Nationality Act (INA), U.S.C. 1187(h)(3)(A). collecting the fee no later than six 8 U.S.C. 1187, the Secretary of On June 9, 2008, DHS published an months after enactment. See 8 U.S.C. Homeland Security, in consultation interim final rule in the Federal 1187(h)(3)(B). with the Secretary of State, may Register (73 FR 32440) announcing the The TPA provided that the required designate countries for participation in creation of the ESTA program for fee consist of the sum of $10 per travel the Visa Waiver Program (VWP) if nonimmigrant visitors traveling to the authorization (TPA fee) to fund the certain requirements are met.3 Eligible United States by air or sea under the newly authorized Corporation for Travel citizens and nationals of VWP countries VWP. See 8 CFR 217.5. ESTA provided Promotion and an amount that will at may apply for admission to the United for an automated collection of the least ensure recovery of the full costs of States at a U.S. port of entry as information required on the Form providing and administering the System nonimmigrant visitors for a period of I–94W Nonimmigrant Visa Waiver (ESTA fee), as determined by the ninety (90) days or less for business or Arrival/Departure paper form (Form Secretary. See 8 U.S.C. 1187(h)(3)(B). pleasure without first obtaining a I–94W) in advance of travel. ESTA is The TPA fee has a sunset provision and nonimmigrant visa, provided that they intended to fulfill the statutory the Secretary is authorized to collect are otherwise eligible for admission requirements described in Section 711 this fee only through September 30, under applicable statutory and of the 9/11 Act. For purposes of this 2020.4 The ESTA fee, in contrast, does regulatory requirements. Other document, the June 9, 2008 interim final not include a sunset provision, but will nonimmigrant visitors must obtain a rule is referred to as the ESTA IFR. be reassessed on a regular basis to visa from a U.S. embassy or consulate On November 13, 2008, DHS ensure it is set at a level to fully recover and generally must undergo an published a notice in the Federal ESTA operating costs. interview by consular officials overseas Register (73 FR 67354) announcing that On August 9, 2010, DHS published an in advance of travel to the United States. use of ESTA would be mandatory for all interim final rule in the Federal VWP travelers traveling to the United Register (75 FR 47701) announcing that, B. The Electronic System for Travel States seeking admission at air and sea Authorization (ESTA) beginning September 8, 2010, a $4 ports of entry beginning January 12, ESTA fee would be charged to each On August 3, 2007, the President 2009. Since that date, VWP travelers ESTA applicant to ensure recovery of signed into law the Implementing have been required to receive travel the full costs of providing and Recommendations of the 9/11 authorization through ESTA prior to administering the system and an Commission Act of 2007 (9/11 Act), boarding a conveyance destined for an additional $10 TPA fee would be Public Law 110–53. Section 711 of the air or sea port of entry in the United charged to each applicant receiving a 9/11 Act required that the Secretary of States. Travelers unable to receive travel authorization through September Homeland Security, in consultation authorization through ESTA may still 30, 2020. See 8 CFR 217.5(h). For with the Secretary of State, develop and apply for a visa to travel to the United purposes of this document, the August implement a fully automated electronic States. 9, 2010 interim final rule is referred to travel authorization system to collect C. The Fee for Use of ESTA and the as the ESTA Fee IFR. biographical and other information as Travel Promotion Act Fee For more details regarding ESTA, the Secretary determines necessary to please see the ESTA IFR (73 FR 32440). evaluate, in advance of travel, the On March 4, 2010, the United States Capitol Police Administrative Technical 4 See Footnote 3 above regarding the extension of 3 The current list of VWP countries is set forth in Corrections Act of 2009, Public Law the sunset provision of the Travel Promotion Act 8 CFR 217.2(a). 111–145, was enacted. Section 9 of this fee through September 30, 2020.

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For more details regarding the fees their eligibility to travel to the United commenter asked DHS to monitor the associated with ESTA, please see the States under the VWP before departing system for problems to determine if ESTA Fee IFR (75 FR 47701). Additional for the United States. Applicants who there are negative impacts on last information may also be found on the are not eligible to travel to the United minute business travelers and to ESTA Web site at https:// States through the VWP can attempt to provide guidance on what a last minute esta.cbp.dhs.gov. make alternative arrangements in traveler should do in the case where he advance, such as obtaining a visa from II. Discussion of Comments Submitted or she has not received an ESTA a U.S. embassy or consulate. For more in Response to the Interim Final Rule determination, but needs to depart for information about visa application Announcing ESTA and Interim Final the United States. Some commenters procedures, please visit http:// Rule Announcing the ESTA Fee said that DHS’ recommended timeline www.travel.state.gov. for applying for an ESTA travel A. Overview Comment: A few commenters authorization (no later than 72 hours DHS issued the ESTA IFR on June 8, expressed concern that the ESTA fee prior to departure) is not sufficient to 2008 and the ESTA Fee IFR on August and the TPA fee could negatively accommodate last minute business 9, 2010. Although DHS promulgated impact how the world views the United travelers. both IFRs without first soliciting public States and could be perceived as an Response: An ESTA travel notice and comment procedures, DHS obstacle to legitimate travel. The authorization is generally valid for two provided a sixty day post-promulgation commenters claimed this could result in years so concerns about last minute comment period for each rule. Each IFR some travelers avoiding the United travel will only be for those who have solicited public comments that DHS States, which would hurt tourism, not already received travel authorization would consider before adopting the business interests, and the travel through the ESTA Web site. Also, interim regulations as final. The ESTA industry. potential VWP travelers may apply for Response: There are a lot of variables IFR went into effect on January 12, 2009 an ESTA travel authorization even if that can influence the numbers of VWP and the ESTA Fee IFR became effective they do not have immediate plans to travelers who come to the United States. travel to the United States. This enables on September 8, 2010. DHS received DHS is confident that ESTA is not a VWP travelers to know whether they are twenty-two submissions in response to significant deterrent. Despite the eligible to travel to the United States the ESTA IFR and seventeen assertion that ESTA and the ESTA fee under the VWP even before purchasing submissions in response to the ESTA would negatively affect tourism to the tickets. Furthermore, ESTA was Fee IFR. Many of the submissions United States, DHS has seen no decrease designed to accommodate last minute or contained multiple comments. This in VWP travel coming to the United emergency travel. ESTA allows travelers final rule addresses all the comments States since ESTA was announced, even to apply for a travel authorization on the submitted within the comment periods after accounting for countries that have day of departure and provides almost an that are within the scope of the two joined the VWP since ESTA was immediate response to the applicant for interim final rules. implemented. Through the end of 2012, Of the twenty-two submissions for the the vast majority of applications. there have been over 50 million travel ESTA IFR, most included comments authorizations granted through ESTA. Applicants should be aware, however, seeking clarification on specific issues, Comment: Some commenters noted that they risk not having the required highlighting concerns or issues with that significant burdens could be placed authorization to travel to the United ESTA, or offering solutions to issues or on airlines due to passengers attempting States if their application requires alternatives to ESTA. Many of the to board without having first obtained additional processing beyond the time operational issues raised by commenters ESTA travel authorization. between when they submit their have already been addressed by DHS Response: Prior to implementation, application and when their voyage to during implementation of ESTA, which DHS conducted significant outreach to the United States begins. VWP travelers our responses reflect. Of the seventeen the travel industry and the traveling without a valid ESTA travel submissions to the ESTA Fee IFR, some public to ensure that they were aware of authorization cannot board conveyances commenters objected to the fees the ESTA requirements, including the destined for the United States. generally and others sought clarification need to have a valid ESTA travel In cases in which a determination is regarding the fees, such as why there authorization prior to boarding a not granted immediately, it may take were two components and when the conveyance destined for an air or sea anywhere from a few minutes to a few fees would be incurred. port in the United States. In addition to days for a decision to be made. In most Due to the evolution of ESTA and the outreach, DHS took various steps, cases, the applicant will receive an occasional overlap of comments including delaying implementation and ESTA decision within 72 hours. received in response to both interim establishing an informed-compliance However, additional time may be final rules, all of the following period, to enable the travel industry and necessary if manual vetting is required comments are grouped by category. the traveling public to adjust to the new or there is a system overload. An Except where necessary, comments to requirements. This is explained in more applicant may contact the ESTA the ESTA IFR and comments to the detail in Section II. B. 3 Telephone Help Desk at 202–344–3710 ESTA Fee IFR are not distinguished. (Implementation of ESTA). As a result between the hours of 8:00 a.m. to 4:00 B. Discussion of Comments of these steps and the outreach, the p.m. (ET) Monday through Friday for concerns raised in this comment never assistance in processing their pending 1. Impact on Travel materialized. application. However, there is no Comment: Some commenters guarantee that a determination will be expressed support for ESTA because it 2. Impact on Short Notice Travelers made in time to allow the traveler to will allow VWP travelers the Comment: A number of comments board a conveyance destined for the opportunity to learn of travel eligibility were received regarding the timeline for United States. This is why DHS problems in advance of arrival. ESTA approval and the impact on last recommends that travelers apply for an Response: DHS agrees that one benefit minute travelers applying at the airport ESTA travel authorization early in the of ESTA is that it informs travelers of on the day of scheduled travel. One planning process.

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3. Implementation of ESTA on this internet-accessible system, DHS believed that the most effective Comment: One commenter stated that please contact the ESTA Help Desk at way to implement ESTA was to inform if DHS were to maintain ESTA’s original 202–344–3710. all VWP travelers and the travel timetable, then cumbersome, manual Comment: Some commenters stated industry about the new requirements solutions would have to be developed that ESTA was announced too quickly and to implement them for all VWP and prevented the travel industry from and promulgated for those carriers who countries and carriers at the same time. assessing the required changes and cannot manage automated solutions. To facilitate a smooth transition, DHS evaluating the ramifications and costs. Another commenter stated that DHS also conducted significant public Other commenters asked DHS to should offer a discretionary period outreach and worked closely with the provide a transition period during during which airlines allow VWP carriers involved with the VWP. which DHS would not levy penalties on travelers without ESTA travel Implementing ESTA as a pilot carriers. authorization to travel to the United program, based on country of Response: As explained above, DHS embarkation, port of arrival, language, States under the condition that they provided a significant amount of notice complete the I–94W paperwork upon or by any other piecemeal approach before implementing ESTA as a would have meant multiple processes arrival and educate these passengers on mandatory requirement on January 12, how to use ESTA for future VWP travel. for carriers and DHS staff at ports of 2009. This was followed by entry. Moreover, DHS believes that such Response: In promulgating the ESTA approximately one year of an Informed IFR, DHS built in a delayed effective an approach would not have aided the Compliance period during which transition to the new requirements but date for the rule to allow air carriers and travelers and carriers were expected to VWP travelers to adjust to the new rather would have been confusing to the be ESTA-compliant but were not traveling public and travel industry. ESTA process. Specifically, the ESTA penalized for noncompliance. The IFR provided that ESTA would become Additionally, waiting until after a Informed Compliance period ended on certain percentage of VWP travelers mandatory sixty days after the Secretary January 20, 2010. As of that date, published notice in the Federal were compliant would have been individuals without an ESTA travel ineffective in strengthening the VWP in Register. See 72 FR 32440. On authorization would be refused November 13, 2008, DHS published a a timely manner. DHS believes that admission and, as allowed for under ESTA was implemented in a way that notice in the Federal Register, which § 217(e) of the INA (Carrier allowed for substantial analysis of the announced that ESTA would be Agreements), fines would be issued program and its impact, as well as mandatory for all VWP travelers against non-compliant carriers. DHS providing adequate notice to allow beginning January 12, 2009. See 73 FR also provided an additional 60-day affected travelers and the travel industry 67354. The January 12, 2009 date grace period after January 20, 2010 for to adjust to ESTA’s requirements provided five months advance notice carriers having difficulty with the comfortably. before DHS would implement the rule. systems modifications. It also was the beginning of what DHS From the date the ESTA IFR Comment: One commenter stated that termed the Informed Compliance published, the travel industry had more DHS should process ESTA applications period. This meant that while all than two years (and more than one year upon arrival for the small minority of travelers and carriers were expected to from the date it became mandatory) to passengers who arrive without ESTA be ESTA-compliant, DHS established a evaluate and adjust to the ESTA authorization. transition period to enable travelers and requirements and to assess the costs Response: The 9/11 Act specifically carriers to adjust to the new related to ESTA and implement required the Secretary to collect the requirements. During the Informed appropriate systems modifications. necessary biographical and other Compliance period, travelers arriving During the time between when ESTA information ‘‘to evaluate, in advance of without prior ESTA authorization were was announced and when it became travel,’’ the traveler’s eligibility to travel not refused admission on this basis. mandatory, DHS sought input and to the United States under the VWP. See Instead, they were permitted to worked with the travel industry to 8 U.S.C. 1187(h)(3)(A). Therefore, complete the paper form I–94W upon address operational issues. DHS allowing VWP travelers to obtain an arrival in the United States. Also, during believes that this program has been ESTA upon arrival in the United States this period, DHS did not levy fines on highly successful in large part due to the would contradict the language of the carriers for boarding travelers without cooperation between DHS and the travel 9/11 Act and undercut DHS’s ability to prior ESTA authorization. This enabled industry. evaluate the traveler’s eligibility to enter the carriers to make the necessary Comment: Many commenters had the United States under the VWP, in system-adjustments for ESTA. As a suggestions for the implementation of advance of travel. DHS believes that result of the advance notice and the ESTA, such as beginning ESTA as a such a process also could disincentivize informed compliance period, there was pilot program to adequately measure its VWP travelers from obtaining an ESTA no need for the manual solutions impact, phasing it in over time rather before departing for the United States. referenced in the above comment. than all at once, or waiting until a DHS provided VWP travelers with the Further, DHS set up an internet- certain percentage of VWP travelers are necessary information to comply with accessible system where certain carriers compliant before making ESTA ESTA requirements, as well as the could check the ESTA status for VWP mandatory. transitional periods described above travelers without having to make the Response: As explained above, DHS prior to requiring compliance. Currently extensive system modifications required implemented ESTA by using an all VWP travelers are responsible for for carriers regularly transporting VWP Informed Compliance period to obtaining ESTA authorization prior to travelers. For the most part, the internet- facilitate the transition to the new boarding an air carrier or sea vessel accessible system could be used by requirements. The ESTA IFR provided destined for the United States. As such, smaller or private carriers that transport travelers and the travel industry with a VWP traveler should not attempt to VWP travelers on an irregular basis, or the needed information about the new board and a carrier should not allow a for emergency situations that may arise requirements and provided ample VWP traveler to board without ESTA from time to time. For more information notice and time to prepare for ESTA. travel authorization.

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Comment: One commenter stated that majority of the VWP traveling public, Web sites attempting to gather DHS should have considered proposals the ESTA Web site has been translated information for criminal purposes by from the private sector to develop an into 23 languages. On November 3, imitating ESTA and asked how DHS ESTA-like system, rather than 2014, DHS revised the eligibility plans to address these types of issues. developing ESTA as a government questions on the ESTA Web site in order Response: All ESTA applicants designed online system. to make them clearer while still should apply for an ESTA travel Response: DHS considered many providing DHS with the information authorization at the following ESTA alternatives and possible solutions needed to make ESTA eligibility Web site: https://esta.cbp.dhs.gov. DHS during the ESTA planning, design, and determinations. The Web site also takes necessary measures to ensure the development process. DHS decided to features a ‘‘Help’’ section to assist safety and reliability of personal develop ESTA as a DHS system based applicants by providing definitions of identification information furnished to on a variety of factors, including the certain terms and clear answers to DHS through this Web site. The ESTA impact that the VWP has on national questions on a variety of subjects, Web site is a secure Web site under DHS security, the need to coordinate with including situations in which an protocol. Each approved application is other programs, and time constraints. applicant is required to reapply before assigned a unique identifier that Comment: Two commenters agreed the expiration date of their ESTA. As corresponds to the designated traveler. with the way that DHS implemented specified on the Web site, a traveler These unique identifiers directly ESTA. One commenter liked the fact must obtain a new travel authorization correspond to an approved traveler and that DHS moved aggressively to under any of the following verification is only done electronically implement new security measures circumstances: between the carriers and DHS. required to expand the VWP and in 1. The individual is issued a new Therefore, the confirmation cannot be concluding bilateral agreements with passport; copied or manipulated. qualified prospective VWP countries. 2. The individual’s name changes; DHS monitors Web sites that purport Another commenter stated that DHS is 3. The individual changes gender; to offer ESTA authorization and will fulfilling a critical role in 4. The individual changes their continue to provide outreach to the accommodating and responding to the country of citizenship; or VWP traveling public to ensure they needs of last minute travelers. 5. The circumstances underlying the know how to submit the ESTA Response: DHS appreciates the traveler’s previous responses to any of application. If an ESTA applicant comments expressing support for the the ESTA application questions receives emails claiming to be ESTA implementation and expansion of ESTA requiring a ‘‘yes’’ or ‘‘no’’ response have related that ask for personal and the VWP. changed. information, the applicant should report Comment: A few commenters asked Comment: One commenter notes that this to the ESTA Help Desk at 202–344– DHS to provide alternative means for the Frequently Asked Questions (FAQs) 3710. submitting an ESTA application such as posted on the ESTA Web site are very Comment: Many commenters stated integrating ESTA into the travel useful and asked DHS to post more of that the ESTA fee could create industry’s reservation system, providing them. opportunities for other Web sites to a staffed telephone hotline to permit Response: FAQs are posted on the charge users to complete the ESTA users to report their information to the ESTA Web site under the HELP section applications. ESTA system, or allowing carriers to at https://esta.cbp.dhs.gov/esta/ Response: DHS has no control over apply on behalf of travelers. WebHelp/ESTA_Screen-Level_Online_ third parties providing assistance in Response: In order to meet the Help_1.htm. Questions and answers are applying for travel authorization. statutory requirement that DHS create a posted on an ad hoc basis to address However, DHS has designed the system fully automated electronic travel issues as they arise. DHS will continue to be user friendly so as to minimize the authorization, DHS established the to monitor feedback and post need to seek assistance. For instance, online ESTA Web site for submitting the appropriate general information when it the ESTA Web site is available in 23 ESTA application. Other options, such is determined to be helpful to the languages and has information on the as allowing carriers to apply on behalf traveling public. ESTA home page about traveler of travelers using their reservation eligibility and passport requirements as 5. Internet Concerns and Third Party system or a telephone number where well as a HELP feature that includes Applications VWP travelers could call in and report answers to frequently asked questions. the information, would not have met the Comment: Several commenters raised Comment: Some commenters asked requirement to establish a fully concerns about whether the ESTA about alternatives for ESTA applicants automated electronic travel online system will be able to handle the without internet access. One commenter authorization system and would have Web traffic as more travelers fill out asked if an individual within the United raised security and privacy concerns. their ESTA applications online. States could apply for an ESTA on Response: ESTA is designed to behalf of the traveler. One commenter 4. Plain Language and ESTA Web Site accommodate a significant amount of asked if applicants who use a third Assistance Web traffic. DHS takes necessary party to complete an ESTA application Comment: A few commenters measures to ensure that the ESTA Web should provide the traveler’s email requested that DHS use plain language site is readily available throughout the address or that of the third party who on the ESTA Web site, including the day and to minimize any technical applies on the traveler’s behalf. eligibility questions, in order to avoid disruptions. To date, ESTA has Response: In order to accommodate confusion about eligibility requirements experienced no significant delays people who may not have familiarity or about when a new ESTA application stemming from an increase in Web with or access to computers or the is required. traffic. internet, DHS designed ESTA to allow Response: DHS has used plain Comment: Some commenters a third party, such as a relative, friend, language in the ESTA application and expressed concerns about fraudulent or travel agent, to submit an application on the ESTA Web site wherever possible ESTA emails designed to solicit on behalf of the traveler. The location of and, in an effort to accommodate the personal information and fraudulent the third party filling out the ESTA

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application is immaterial. The traveler 6. The Role of ESTA for VWP Travelers country must either obtain travel or third party can apply within or Comment: One commenter stated that authorization via ESTA to travel under outside the United States. In all cases, requiring VWP travelers to obtain ESTA the VWP or they must have a visa. This the traveler is responsible for the travel authorization is the functional is true even if the individual is leaving answers submitted on his or her behalf equivalent of a visa because passengers the United States on the same day or by a third party and the third party must do not need any documentation other even on the same plane. Travelers who check the box on the ESTA application than a valid passport before traveling to will transit through the United States en indicating that he or she completed the the United States. Another commenter route to another country can simply application on the traveler’s behalf. The stated that ESTA requires certain foreign enter the words ‘‘In Transit’’ in the email address provided should be the citizens to obtain an exit permit from address lines under the heading traveler’s email address. If the traveler the U.S. government before they may ‘‘Address While In The United States’’ does not have an email address, he or leave their own country. on the ESTA application. she may provide an alternative third- Response: These comments do not 8. ESTA Enforcement party email address belonging to a point accurately portray ESTA. Under the of contact (e.g. a family member, friend, VWP, eligible citizens, nationals and Comment: One commenter stated that or business associate). passport holders from designated VWP ESTA is impracticable and unenforceable because it does not Comment: One commenter stated that countries may apply for admission to specify any enforcement mechanisms. DHS should ascertain the percentage of the United States as nonimmigrant travelers entering the United States who visitors for a period of ninety days or Response: DHS disagrees. There are enforcement mechanisms that apply to will use the internet and other means less for business or pleasure without individuals and carriers involved in the (such as a travel agent) to make travel first obtaining a nonimmigrant visa. VWP. All VWP travelers are responsible arrangements to demonstrate how many ESTA, however, is not the functional for obtaining ESTA authorization prior travelers do not book travel through the equivalent of a visa because eligible to boarding an air or sea vessel destined internet and would thus have difficulty travelers from participating countries for the United States and may be obtaining authorization through the are exempt from the visa requirement. prevented from boarding and/or denied ESTA Web site. Application for a nonimmigrant visa to travel to the United States involves the admission to the United States upon Response: DHS has seen no evidence payment of a higher fee and generally arrival if they do not have ESTA travel that VWP travelers are having difficulty requires travel to a U.S. embassy or authorization. Carriers that transport obtaining ESTA authorization through consulate for an in person interview. VWP travelers are required to enter into the ESTA Web site. Additionally, in the Rather, ESTA is the functional agreements with the United States, economic analysis posted on the docket equivalent of the Form I–94W that VWP pursuant to §§ 103 and 217 of the INA, with the ESTA IFR (Regulatory travelers were previously required to to become VWP signatory carriers. Assessment for the Interim Final Rule: complete upon arrival in the United These agreements impose certain Changes to the Visa Waiver Program to States. As a result of the ESTA IFR, only obligations upon carriers and provide Implement the Electronic System for eligible travelers from VWP countries for the imposition of fines if certain Travel Authorization), DHS provided arriving by air and sea now present the obligations are not met. For example, extensive information on historic information collected on the Form I– VWP signatory carriers incur fines if booking patterns, internet penetration, 94W through ESTA in advance of their they transport travelers who require a and computer prevalence. This travel to the United States. VWP valid ESTA travel authorization but do information has been updated in the travelers arriving in the United States by not have one. economic analysis prepared for this land are still required to complete a Comment: One commenter stated that final rule (Regulatory Assessment for paper Form I–94W. VWP travelers who the phrase ‘‘prior to embarking on a the Final Rule: Changes to the Visa receive ESTA travel authorization are carrier for travel to the United States’’ is Waiver Program to Implement the not required to report to a State too vague and that it should define the Electronic System for Travel Department consular office and obtain a relevant terms. Another commenter Authorization and the Fee for Use of the visa before traveling to the United stated that the regulation should specify System), posted on the docket with this States. the manner of providing data to obtain final rule. To see detailed information ESTA is not equivalent to an exit an ESTA travel authorization. relevant to this comment, please refer to permit from the foreign country and Response: Based on the plain Chapter 2 (Regulatory Baseline: Historic does not require anyone to obtain an language meaning of the phrase ‘‘prior & Projected Traveler Levels) of this exit permit from a foreign country. to embarking on a carrier for travel to document. In summary, internet Rather, ESTA fulfills a requirement for the United States,’’ travelers must have penetration and computer access is high VWP travelers intending to enter the ESTA travel authorization prior to in VWP countries and has grown since United States by air and sea. boarding an air carrier or sea vessel the ESTA IFR published in 2008. destined for the United States. The term Twenty-four of the 37 countries in the 7. In-Transit Travel ‘‘United States’’ is defined at 8 U.S.C. VWP have internet penetration rates Comment: One commenter remarked 1101(a)(38). With regard to the manner above 75 percent and only one country that ESTA should provide clear of submitting the ESTA application, (Greece) has an internet penetration rate instructions to passengers who transit DHS has made substantial efforts to of less than 50 percent. As discussed through the United States onward to educate the public on how to obtain an above, VWP travelers who do not have other destinations as to whether they are ESTA travel authorization, and has also direct access to the internet may submit required to comply with ESTA provided such information in the ESTA the application through a third party. requirements. IFR and this document. Over 50 million DHS continues to believe that these Response: DHS does not currently ESTA travelers arrived in the United third parties, such as relatives, friends, operate a transit without visa program. States between 2009 and 2011, an and travel agents, will be key players in Travelers who transit through the indication that applicants are aware of the continued success of ESTA. United States en route to another how to submit an ESTA application.

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Comment: Some commenters stated Response: DHS agrees that the 9/11 alternatives to those that do not have a that ESTA will cause logistical problems Act requires certain individuals to travel authorization via ESTA. because carriers will have to determine obtain a travel authorization prior to Response: ESTA is required for VWP the visa class of travelers. traveling to the United States. However, travelers arriving in the United States at Response: This is not accurate. Only VWP signatory carriers are responsible air and sea ports of entry. As explained travelers coming to the United States for verifying that the traveler has a valid on the ESTA Web site, persons who do under the VWP are required to obtain an ESTA travel authorization prior to not have an ESTA travel authorization ESTA travel authorization and these allowing a VWP traveler to board a may apply for a visa issued by the State travelers are exempt from visa conveyance destined for the United Department. Individuals traveling to the requirements. Carriers will not have to States. This responsibility is set forth in United States with a passport and valid determine the visa class for these VWP the VWP carrier agreements described visa are not traveling under the VWP travelers. above. and these individuals would not need to Comment: One commenter claimed obtain an ESTA travel authorization. 9. State Department Coordination that airlines will incur significant 10. ESTA Expansion to Land Arrivals penalties and liabilities if they deny Comment: One commenter stated that boarding to passengers who arrive DHS and the State Department must Comment: One commenter stated that without an ESTA travel authorization or work together to ensure travelers are to be effective, ESTA should apply to all when a passenger arrives at the port of well-informed regarding their modes of transportation and asked how entry and must be returned to his point responsibilities under the ESTA ESTA will function at the land borders. Response: Currently, ESTA is of departure at the carrier’s expense. program. required only for VWP travelers arriving Response: For the purposes of ESTA, Response: DHS coordinated closely in the United States by air or sea. VWP a carrier’s responsibility is limited to the with the State Department during the travelers who arrive in the United States verification of the traveler’s ESTA development and implementation of at a land border port of entry are not application status. Carriers that wish to ESTA and this coordination was required to obtain ESTA authorization. transport travelers under the VWP are essential to the efficient implementation These travelers must submit a required to become VWP signatory of ESTA. DHS’s ongoing coordination completed paper Form I–94W at the carriers. VWP signatory carriers will with the State Department remains land border port of entry. However, DHS incur fines if they transport travelers essential to the ongoing administration is considering expanding ESTA to VWP who require a valid ESTA travel of the ESTA. DHS partnered with the travelers arriving at a land border by authorization but do not have one. It State Department to develop a strategic way of a separate rulemaking. should be noted that ESTA is not a communications and outreach plan determination of admissibility; it merely aimed at notifying VWP travelers of the 11. Impact on Existing Laws and authorizes the traveler to board a new ESTA requirements. DHS Agreements conveyance destined for the United personnel traveled extensively to VWP Comment: One commenter stated that States. Passengers determined to be countries, attended major international the ESTA rule exceeds the statutory inadmissible to the United States are travel conferences, distributed printed authority of Section 217 of the INA by required to return to their country of materials, and spoke with the travel imposing additional requirements origin and carriers are responsible to industry and the public regarding ESTA. beyond what is imposed by the statute. provide these passengers transportation DHS continues to conduct extensive The commenter claims the statute only back to their point of departure. The fact public outreach at U.S. ports of entry obliges travelers to ‘‘electronically that travel authorization was granted and overseas with the assistance of the provide information,’’ whereas the does not absolve the carrier from this State Department, to ensure that the ESTA IFR requires that the traveler responsibility. Carriers agree to the traveling public and the travel industry providing information also receive a following in the VWP carrier agreement: as a whole are sufficiently informed travel authorization. The carrier will remove from the United regarding ESTA. Response: DHS disagrees. Section States (on the first available means of Comment: Some commenters noted 217(a)(11) of the INA (8 U.S.C. transportation to the alien’s point of that a significant number of ESTA 1187(a)(11)), as amended, specifically departure to the United States) any alien denials could result in increased visa transported by the carrier to the United States requires the Secretary of Homeland for admission under the Visa Waiver Program demand, thereby causing significant Security to determine whether the in the event that the alien is determined by delays, and asked that DHS coordinate person submitting the electronic travel a U.S. Customs and Border Protection officer with the State Department as needed. authorization is eligible to travel to the at the Port of Entry to be not admissible to Response: Since January 12, 2009, United States under the VWP. It the United States or is determined by a U.S. when ESTA became mandatory for all provides that each alien traveling under Customs and Border Protection officer to VWP travelers traveling to the United the program shall, before applying for have remained unlawfully in the United States at air or sea ports of entry, DHS States beyond the 90-day period of admission admission to the United States, under the Visa Waiver Program. The carrier has processed over 50 million VWP electronically provide biographical will carry out the responsibilities under this traveler applications and denied information and such other information paragraph in a manner that does not impose approximately one-third of one percent as the Secretary of Homeland Security on the United States expenses related to the (0. 23%) of all applications. As such, determines necessary to determine the transportation of such alien from the point of there have not been a significant eligibility of, and whether there exists a arrival in the U.S. number of denials. Moreover, as stated law enforcement or security risk in Comment: One commenter indicated elsewhere in this document, DHS permitting, the alien to travel to the that there is no provision in the 9/11 continues to work with the State United States and that upon review of Act about the carrier’s role in Department to ensure the efficient such information, the Secretary of implementing and enforcing ESTA. As administration of ESTA. Homeland Security shall determine such, DHS is not authorized to compel Comment: One commenter stated that whether the alien is eligible to travel to carriers to assume a function which DHS and the State Department should the United States under the program. Congress mandated on individuals. offer clear direction and access to entry Moreover, section 217(h)(3)(C)(i) of the

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INA (8 U.S.C. 1187 (h)(3)(C)(i)) provides Response: DHS endeavors to take the eliminating the paper Form I–94W for for regulations ‘‘that provide for a necessary steps to ensure that persons air and sea VWP travelers, DHS period, not to exceed three years, during with disabilities can comply with the provided adequate time to allow carriers which a determination of eligibility to regulatory requirements. Persons that to make the necessary adjustments in travel under the program will be valid.’’ are unable to access the internet due to their systems to enable them to verify As such, the statutory provisions a disability may apply for an ESTA VWP traveler’s ESTA authorization anticipate a determination of eligibility travel authorization through a third status. As explained more fully in the to travel. Therefore requiring a VWP party. ESTA Application Status Notifications for Travelers and Carriers section below, traveler to receive ESTA travel 12. I–94W Paper Form authorization does not exceed the DHS worked closely with the affected statutory authority. Comment: One commenter stated that carriers to ensure that their systems ESTA duplicates the information Comment: Some commenters claimed were able to send and receive ESTA required by the paper Form I–94W that that ESTA limits the freedom of application status messages. DHS has to be completed upon arrival in the movement of individuals and that this decided not to eliminate the paper Form United States. Some commenters stated violates international agreements, I–94W on a carrier-by-carrier basis that ESTA will have a negative impact including Article 13 of the Universal because this would have created on travel to the United States because Declaration of Human Rights (UDHR) 5 confusion at the ports for carriers, obtaining an ESTA travel authorization and Articles 10, 12, and 21 of the travelers, and DHS personnel and could is an additional hurdle for VWP have increased wait or processing times International Covenant on Civil and travelers who must also answer the Political Rights (ICCPR).6 and resulted in missed connections for same questions on the paper Form travelers. Response: DHS disagrees that ESTA I–94W upon arrival. Other commenters Comment: One commenter stated that limits the freedom of movement of stated that DHS should eliminate the the Form I–94W should be eliminated individuals and that this violates paper Form I–94W to facilitate for non-VWP countries. international agreements. The improved processing of travelers. One Response: The Form I–94W is only referenced provisions do not pertain to commenter said that the elimination of required for nationals from VWP ESTA and they are outside the scope of the paper Form I–94W should not be countries. the ESTA rulemakings. Article 13 of the completed until all carriers are capable UDHR refers to freedom of movement of validating a traveler’s ESTA 13. Preclearance Ports and residence within the borders of authorization status. Another Comment: One commenter stated that each state as well as the right to leave commenter said that DHS should ESTA should not be required for a country or return to one’s own eliminate the paper Form I–94W on a passengers traveling from preclearance country. Article 10 of the ICCPR applies carrier-by-carrier basis to provide an ports in Canada to the United States, to persons deprived of their liberty in early incentive to carriers to comply at given that they have already been relation to the penitentiary system. an early stage. vetted. Article 12 of the ICCPR concerns the Response: ESTA was designed to Response: The 9/11 Act required the right to liberty of movement when automate the paper Form I–94W with Secretary of Homeland Security, in lawfully in the territory of a state, the the ultimate goal of replacing it, not consultation with the Secretary of State, freedom to leave a country including duplicating it. The ESTA IFR stated: to develop and implement a fully one’s own, and the right to reenter one’s ‘‘The development and implementation automated electronic travel own country. Article 21 of the ICCPR of the ESTA program will eventually authorization system to collect certain concerns the right to peaceful assembly. allow DHS to eliminate the requirement information in advance of travel to the ESTA does not limit an individual’s that VWP travelers complete an I–94W United States. ESTA fulfills this rights to leave a country, limit an prior to being admitted to the United statutory requirement. Therefore, ESTA individual’s right to reenter one’s own States. As DHS moves towards is required for all VWP travelers arriving country, relate to individuals in the elimination of the I–94W requirement, a in the United States at air or sea ports penitentiary system, or have any impact VWP traveler with valid ESTA of entry, regardless of their last foreign on an individual’s right to peaceful authorization will not be required to location prior to arriving at the United assembly. complete the paper form I–94W when States. Preclearance locations are Comment: Some commenters arriving on a carrier that is capable of locations outside the United States expressed concerns that the ESTA Web receiving and validating messages where travelers are inspected and site may contravene disability laws and pertaining to the traveler’s ESTA examined by DHS personnel to ensure raise discrimination issues because it application status as part of the compliance with U.S. customs, discriminates against those who are traveler’s boarding status.’’ See 73 FR immigration, and agriculture laws, as unable to access the internet due to a 32440 at 32443. well as other laws enforced at the U.S. disability. The requirement to complete the border. Such inspections and paper Form I–94W was eliminated for examinations prior to arrival in the 5 The UDHR, a United Nations General Assembly VWP travelers arriving in the United United States generally enable declaration, consists of 30 articles relating to the States at air or sea ports of entry on or passengers to exit the domestic terminal respect for and observance of human rights and after June 29, 2010. Eliminating the or connect directly to a U.S. domestic fundamental freedoms. For more information, paper Form I–94W for these VWP flight without undergoing further please see http://www.un.org/en/documents/udhr/ index.shtml. travelers ensured that there was no processing. However, travelers who are 7 6 The ICCPR, a United Nations General Assembly further duplication. Prior to inspected and examined at these covenant, commits its parties to respect the civil preclearance locations are still required and political rights of individuals. The United 7 The elimination of the paper Form I–94W for to have a visa, or if eligible, to comply States ratified the ICCPR with reservations not VWP travelers arriving at air and sea ports of entry applicable to the articles referenced in this was announced as a goal in the ESTA IFR and with the requirements of the VWP. comment (Articles 10, 12, and 21). For more communicated with the public and carriers through information, please see http://treaties.un.org/doc/ outreach. Secretary Napolitano also released a http://www.dhs.gov/ynews/releases/pr_ db/survey/CovenantCivPo.pdf. statement announcing the elimination as well: 1274366942074.shtm.

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14. ESTA Applications at Airports Security, in consultation with the an exception at 8 CFR 217.5(d)(2) for Comment: Some commenters stated Secretary of State, to prescribe travelers from certain countries who that DHS should provide Internet- regulations that provide for a period of have not entered into agreements with accessible kiosks for day of departure validity for a travel eligibility the United States regarding the applications because some foreign determination, not to exceed three expiration date of passports; airports lack Internet access. One years. See 8 U.S.C. 1187(h)(3)(C)(i); specifically, agreements providing that commenter asked DHS to install ESTA 8 CFR 217.5(d). DHS believes that, passports are recognized as valid for the kiosks in preclearance locations. generally, a two year validity period return of the bearer to the country of the Response: DHS does not have the provides DHS with a reasonable foreign-issuing authority for a period of authority or the resources to establish timeframe to reevaluate a VWP six months beyond the expiration date Internet-access kiosks in foreign applicant’s eligibility to travel without specified in the passport. For travelers airports, including preclearance overburdening VWP travelers. After from these countries, an ESTA travel locations. Nonetheless, travelers may be considering the comments and in light authorization is not valid beyond six able to apply for an ESTA travel of the statutorily authorized maximum months prior to the expiration date of authorization on the day of departure if validity of three years, DHS believes the passport. In addition, travelers from other Internet access is available. In fact, that it would be beneficial for the these countries whose passports will some global airports have kiosks or Secretary of Homeland Security to expire in six months or less will not dedicated links at Internet cafes in retain discretion to adjust validity receive ESTA travel authorization. international terminals available for use periods on a per country basis to the Moreover, as specified elsewhere in this by travelers. However, simply having three year maximum or to a lesser document and on the ESTA Web site, a Internet access, and thus the ability to period of time. Therefore, this final rule traveler must obtain a new travel apply for an ESTA travel authorization now provides that the ESTA validity authorization under any of the following does not guarantee an ESTA travel period is two years unless the Secretary circumstances: authorization will be granted or granted Homeland Security, in consultation with the Secretary of State, decides to 1. The individual is issued a new passport; in time. ESTA applicants who apply 2. The individual’s name changes; early and are denied a travel increase or decrease the validity period 3. The individual changes gender; authorization may still have time to for a designated VWP country on a case- 4. The individual changes their country of obtain a visa. by-case basis. Under this final rule, citizenship; or Comment: One commenter disagrees notice of any change to ESTA travel 5. The circumstances underlying the with DHS’s estimate (15 minutes) of the authorization periods will be published traveler’s previous responses to any of the time required for a VWP traveler to in the Federal Register and updated on ESTA application questions requiring a ‘‘yes’’ apply for an ESTA travel authorization. the ESTA Web site. DHS believes that or ‘‘no’’ response have changed. The commenter believes that oftentimes this change enhances the Secretary’s In order to make things clear, DHS passenger check-in times are longer and flexibility to recognize countries’ provides the exact ESTA expiration date access to public Internet facilities is bilateral information sharing and further on the ESTA Web site screen granting either unavailable or limited. promotes compliance standards for approval for travel authorization. In Response: The 15 minute estimate of member countries’ participation in the addition, as explained more fully in the the time required for the VWP traveler VWP. To effect this change, the ESTA Application Status Notification to apply for an ESTA authorization is regulations will be amended by adding for Travelers and Carriers section, DHS based on the traveler’s interaction with a new 8 CFR 217.5(d)(3). has updated the ESTA system to Regarding the claims that the two year the ESTA Web site. This time estimate provide email notification to validity period and accompanying fee did not consider factors such as a lack individuals approximately 30 days are burdensome and may lead some of computer or limited or unavailable before the expiration of their ESTA travelers to decide to obtain a visa, DHS Internet connectivity at passenger travel authorization, informing them believes that obtaining an ESTA travel check-in. DHS encourages VWP that their ESTA travel authorization will authorization is less burdensome than travelers to apply for an ESTA expire in approximately 30 days. obtaining a visa. In fact, DHS believes authorization well before arriving at the However, this feature is only available that the ease with which an ESTA travel airport. if the VWP traveler provided an email authorization can be obtained leads address through the ESTA Web site. 15. ESTA Validity Period most VWP-eligible travelers to obtain an Comment: Multiple comments were ESTA travel authorization rather than a Comment: One commenter stated that received regarding ESTA’s two year visa before traveling to the United passport validity should have no validity period. Some commenters States. VWP travelers who obtain an bearing on the validity of a travel noted that it is unnecessarily restrictive ESTA travel authorization do not have authorization via ESTA. or will result in more travelers applying to apply for a visa nor do they have to Response: A valid passport is for a visa. One commenter asked DHS to pay the costs associated with obtaining essential for travel to the United States. describe circumstances where the a visa to travel to the United States. Under the INA, any immigrant or validity period would be extended to nonimmigrant alien seeking admission three years, which is the upper limit 16. Passport Issues to the United States must have proper allowed under the 9/11 Act. One Comment: One commenter stated that documentation, including a valid and commenter stated that the two year the passport expiration date’s impact on unexpired passport. See 8 U.S.C. validity period and accompanying fee the ESTA validity period is 1182(a)(7). An ESTA travel creates a burden for European citizens complicated. authorization is not valid unless the wishing to travel to the United States Response: Generally, an ESTA travel traveler has a valid and unexpired because European citizens make up a authorization is valid for a period of passport. For those wishing to travel to significant portion of total travelers to either two years from the date of the United States under the VWP, an the United States. authorization or the date the traveler’s expired passport necessitates obtaining Response: Section 711 of the 9/11 Act passport expires—whichever is sooner. both a new passport and applying for a directs the Secretary of Homeland See 8 CFR 217.5(d)(1). However, there is new ESTA travel authorization.

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Comment: Some commenters may be corrected or updated by using Response: DHS does not share highlighted system limitations related to the ESTA update function, which can be information related to the denial of an the passport section of the ESTA Web done free of charge. ESTA travel authorization due to the site. For example, United Kingdom Comment: One commenter stated that complexities of the travel eligibility passports are valid for more than the the costs to the air carrier industry and decision-making process, which is maximum 10-year period allowed by travelers are high when compared to the based on a combination of factors, ESTA and the German passport contains small percentage of VWP travelers who including those related to security. 10 characters and ESTA only accepts 9 are denied travel authorization. Another However, an applicant who feels that characters. commenter stated that the cost to the denial was improper may contact Response: Based on commenter input, airlines of returning passengers found the ESTA Help Desk at 202–344–3710 or DHS has made the necessary inadmissible is significant. According to file a redress request through the DHS modifications to the ESTA Web site to the commenter, that cost is over $10 Travel Redress Inquiry Program (TRIP) ensure that passport information can be million per year (7,200 passengers at a Web site, http://www.dhs.gov/dhs-trip. properly entered in the ESTA cost of $1,500 each in fines). If the denial was based on a genuine application. With regard to the Response: The 9/11 Act directed DHS misunderstanding, for instance, where examples provided, DHS has modified to create an electronic system to collect the applicant misunderstood a question the ESTA Web site to allow passports certain biographical and other and provided an answer resulting in the that are valid for more than 10 years to information to evaluate, in advance of denial, then the application may be be entered and to allow more than 9 travel, the eligibility of the applicant to approved. However, DHS cannot characters for passport identification travel to the United States under the guarantee that contacting the ESTA numbers. VWP, and whether such travel poses a Help Desk or using the DHS TRIP Web 17. Denied Travel Authorization law enforcement or security risk. The site will result in an application being approved. As always, a traveler may Comment: One commenter stated that security benefits of ESTA cannot only be quantified based solely on the apply for a nonimmigrant visa at a U.S. approximately 85,000 travelers a year embassy or consulate. could be denied travel authorizations number of ESTA applicants refused based on errors when submitting travel authorization. The VWP was 18. Expedited Review created in recognition of the high information and that reapplying would Comment: Some commenters would percentage of travelers from the be costly and time consuming. like to be able to request an expedited specified countries that will be deemed Response: As stated above, on review through ESTA. eligible to travel to the United States average, a total of 0.23% of ESTA travel Response: As stated above, most without a visa. ESTA also provides authorization applications are denied applications receive an immediate other benefits to travelers and carriers. each year. This amounts to an average response. However, if necessary, an It saves VWP-eligible travelers time and of 52,000 denials per year. While it is individual may request an expedited effort upon arrival in the United States unknown what percentage of these review by calling the ESTA Help Desk and informs those who are not eligible denials are based on user error when at 202–344–3710. submitting information, DHS has taken before they board the carrier to the steps to minimize the number of United States. 19. ESTA Application Status applications denied based on keystroke Though the commenter’s calculations Notifications for Travelers and Carriers errors. For example, the ESTA Web site of the cost incurred by airlines to return Comment: Some commenters asked prompts each applicant to review the inadmissible travelers is correct based how travelers will be notified of their data submitted for the overall on the commenter’s assumptions, DHS approval for travel. application prior to submission. If the believes that ESTA presents additional Response: ESTA applicants are applicant finds an error, a correction cost saving opportunities to the carriers notified of their travel eligibility on the may be made. In addition, the ESTA that are responsible for returning screen at the ESTA Web site. In most Web site requires the applicant to inadmissible travelers to their points of cases, ESTA applicants are notified of reaffirm the passport number and family origin. Carriers transporting VWP their status within seconds of name prior to submission of the travelers always have been required to submitting their application, with travel application. DHS believes that the transport inadmissible travelers who authorization either being granted or opportunity to review data prior to arrive in the United States back to their denied. In other cases, the ESTA submission should minimize the point of origin. Therefore, ESTA does applicant may be in a ‘‘pending’’ status, incidences of keystroke errors. If an not impose additional costs in this where a final determination of travel applicant makes a mistake when filling regard. Moreover, because ESTA is eligibility has not been reached. For an out the passport information, designed to prevent inadmissible applicant who provides an email identifying biographic information, or travelers from arriving at U.S. ports of address during the application process, eligibility questions, and he or she entry, carriers will have fewer DHS sends an email indicating that realizes the mistake after the applicant inadmissible travelers to transport from there has been an update to the travel submits the ESTA application and the the United States, which should authorization status and that the application for travel authorization is decrease their transportation costs. As decision can be viewed at the ESTA denied, he or she will need to submit a stated in the Executive Order 12866 Web site. Applicants who did not new ESTA application and pay the section below, no longer needing to provide an email address will need to applicable fee. However, there is no transport and inspect inadmissible refer back to the ESTA Web site at a guarantee that the subsequent travelers will save carriers and DHS later time to check for changes in status. application will result in travel between $78 and $84 million annually. As of November 3, 2014, email authorization. Any other mistakes, Comment: Some commenters would addresses are a mandatory data element. including email address, telephone like DHS to advise applicants why Comment: Some commenters would number, carrier name, flight number, travel authorization was denied so that like DHS to send a notification about city where the applicant is boarding, the issue could be addressed to enable when an ESTA authorization will and address while in the United States, travel under the VWP. expire.

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Response: Based on feedback, DHS the United States. The response now 20. Proof of Travel Authorization updated the system to provide email reads as follows: Comment: Some commenters asked notification to individuals You are not authorized to travel to the DHS to provide a receipt to serve as approximately 30 days before the United States under the Visa Waiver proof of ESTA travel authorization and expiration of their ESTA travel Program. You may be able to obtain a visa asked what to do in airports that lack authorization, informing them that their from the Department of State for your travel. printers. Other commenters described ESTA travel authorization will expire in Please visit the Department of State Web site situations where travelers were not approximately 30 days. The email at www.travel.state.gov for additional allowed to board despite having ESTA notification advises recipients to go to information about applying for a visa. travel authorization and were asked to the official ESTA Web site to reapply as present a paper printout of their travel follows: Comment: One commenter stated that authorization. ESTA Expiration Warning: ATTENTION! instead of using the system-generated Response: ESTA travel authorization Your travel authorization submitted on (date 16-digit reference number, passengers only may be validated electronically. of application) (application number) via should be able to use a passport or other The air or sea carrier must receive an ESTA will expire within the next 30 days. It travel document number to access their electronic message directly from DHS is not possible to extend or renew a current ESTA application. ESTA travel authorization. You will need to stating that the traveler has a valid reapply at https://esta.cbp.dhs.gov if travel to Response: The 16-digit reference ESTA travel authorization prior to the United States is intended in the near number is a unique number generated allowing the individual to board the future. by ESTA that may be used to check the conveyance destined for the United status of an applicant’s status and to Comment: A few commenters stated States. A printout showing that ESTA update optional information, such as that applicants receiving a pending travel authorization was granted is not flight itinerary and address in the message, rather than an authorized or proper proof and DHS does not require United States. This number is linked to denied message, should be authorized to VWP travelers to present a paper travel to the United States because the each ESTA application and approval. A printout as evidence of having obtained traveler would still submit their travel document number cannot be used ESTA travel authorization. If travelers information on the Form I–94W and as a reference number for several are interested in having something will be inspected upon arrival. reasons. First, it may lack sufficient tangible for their own records, such as security to uniquely identify a person. a receipt, they may print the screen on Response: Generally, a decision on an Second, since passports are generally the ESTA Web site showing that travel individual’s ESTA application is issued issued for 10 years and an ESTA travel authorization has been granted, but this within seconds of submission. However, authorization is generally valid for two will not serve as proof for travel travelers with a ‘‘pending’’ status will years, DHS would be unable to purposes. have to wait until the pending status is distinguish between applications from Comment: Some commenters had resolved to ‘‘Authorization Approved’’ the same individual. Also, it would be concerns about the possibility of a prior to a carrier allowing a VWP confusing where a person possesses forged ESTA approval. traveler to board an aircraft or vessel more than one passport, such as those Response: As explained in the destined for the United States. DHS who have dual citizenship. previous response, ESTA travel cannot allow ESTA applicants without Comment: Some commenters wanted authorization can only be verified an approved authorization to travel to electronically with an electronic status the United States, as to do so would to know the specific content of the ESTA application status messages message from DHS and as such, cannot prevent DHS from being able to fully be forged. screen the applicant, and thus carriers will be shown on pre-departure contradict the Congressional mandates and if there will be a distinction 21. Mandatory and Optional Data under the 9/11 Act. Because an exact between flights departing the United Elements timeline for travel authorization States and arriving flights. Comment: Many comments were decisions cannot be provided in all Response: DHS sends a clear message received requesting clarification about cases, DHS encourages travelers to to carriers to inform them whether the which data elements are mandatory and apply early for an ESTA travel VWP traveler has the required travel which are optional. authorization, such as before they authorization prior to boarding. Carriers Response: On December 9, 2014, DHS purchase their tickets to the United will receive one of the following published a notice regarding changes to States. messages for travelers: A—ESTA on file the ESTA application and paper Form Comment: One commenter stated that OK to board; B—No ESTA on file; C— I–94W in the Federal Register (79 FR the ‘‘travel not authorized’’ message is ESTA denied; Z—ESTA not applicable 73096). These changes collect more vague and should be changed to inform OK to board. Carriers may board detailed information about a traveler by applicants that they were unsuccessful travelers associated with messages A making previously optional data and to inform them that they may still and Z. Carriers may not board travelers elements mandatory and by adding apply for a visa. associated with messages B and C. additional data elements concerning Response: DHS has amended the ESTA authorization is not required for other names or aliases, current or ‘‘travel not authorized’’ message to flights departing the United States so previous employment, and emergency inform the applicant about the next there is no need for ESTA messaging for contact information among other steps in the process of seeking travel to departing flights. questions.

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The mandatory data elements are system or the Global Entry trusted that this provided insufficient time for clearly indicated by a red asterisk on the traveler program. carriers to be compliant with the initial ESTA Web site. They are: Applicant’s Response: DHS is committed to January 2009 deadline for ESTA. Name (Family Name and First (Given) achieving high levels of efficiency Response: This comment was Name; Known other names or aliases through the integration of its programs submitted in response to the ESTA IFR. (Yes or No); Birth Date (Day, Month, and and policies. To this end, DHS At the time, DHS recognized the Year); City of Birth; Country of Birth; coordinated ESTA with other challenges facing the carriers to ensure Gender (Male or Female); Parents’ government systems and programs to that their systems were compatible with Names (Family Name, First (Given) the extent possible. However, some ESTA and APIS in order to receive and Name); Passport Number; Passport systems or programs, are not suitable for validate ESTA messages. To this end, Issuing Country (Country of linking with ESTA. For example, ESTA DHS established an ESTA testing Citizenship); Passport Issuance Date should not be linked with the State process for all VWP signatory carriers to (Day, Month, and Year); Passport Department’s visa issuance system demonstrate the carrier’s ability to Expiration Date (Day, Month, and Year); because an ESTA travel authorization successfully transmit and receive ESTA Country of Citizenship; Citizen of any enables VWP travelers to travel to the messages through APIS/AQQ. All VWP other country (Yes or No); Contact Email United States without a visa. Further, signatory carriers successfully Address; Contact Telephone Number ESTA should not be linked with Global completed the testing process. DHS (Type, Country Code, and Number); Entry because the two programs have worked closely with each carrier to Contact Home Address (Address Line 1, different purposes. ESTA travel enable them to make modifications to Apartment Number, Address Line 2, authorization is a determination of attain compliance with ESTA City, State/Province/Region, and suitability to travel to the United States, requirements in a timely manner. DHS Country); Emergency Contact (Family whereas Global Entry is intended to made a concerted effort to accommodate Name and First (Given) Name); expedite low risk travelers upon arrival carriers as time became an issue and Emergency Contact Telephone Number in the United States. allowed carriers to demonstrate a plan (Type, Country Code, and Number); Comment: One commenter believes and schedule to achieve compliance if that ESTA is unnecessary because it Emergency Contact Email Address; they were not on schedule to be duplicates APIS/AQQ and is costly to Travel to U.S. occurring in transit to compliant by the stated date. As the another country (Yes or No); and the airline industry. Response: ESTA does not duplicate results showed, the joint effort between Current or previous employer (Yes or DHS and the carriers was highly No). Applicants must also answer eight APIS/AQQ. While both programs promote the security of the United successful despite concerns at the time eligibility questions regarding, for that the necessary user guide example: Questions about physical and States and some data elements may overlap, the programs are distinct. information was late when provided in mental disorders, drug abuse and July 2008. addiction, and communicable diseases, Advance Passenger Information System Comment: One commenter stated that arrests and convictions for certain (APIS) data consists of certain there may be passenger processing crimes, and past history of visa biographical information and delays caused by travelers who confuse revocation or deportation, and they conveyance details collected via the APIS data requirements with ESTA must complete the Certification field (or passenger reservation and check-in requirements. They may believe that the third-parties field, if applicable). The processes. This information is submission of the APIS data elements to above mandatory information is the transmitted to DHS in advance of arrival the travel agent or carrier in advance of information the Secretary deems through the Quick Query system. This is travel fulfills the ESTA requirement or necessary to evaluate whether an alien known to carriers as APIS/AQQ. APIS/ is admissible to the United States under AQQ does not include an eligibility vice versa and thus arrive at the airport VWP and whether such travel poses a screening process and applies to all on the day of departure without an law enforcement or security risk. flights beginning or ending in the ESTA travel authorization. Optional data elements, which should United States. In contrast, ESTA is Additionally, the commenter stated that be provided if known, are as follows: specific to the VWP and includes basic DHS should make it clear in public Address while in the United States biographical questions as well as outreach that ESTA’s requirements are (Address Lines 1 and 2, City, and State); questions to determine a person’s distinct from the APIS requirements, employer’s telephone number (country eligibility to travel under the VWP. and that providing information for one code and number); and job title. Upon Although DHS is mindful of the costs to program does not cover the other. submission, ESTA will automatically the travel industry to implement ESTA, Response: VWP travelers are not collect the Internet Protocol address (IP DHS has tried to implement ESTA in a responsible for providing DHS with address) associated with the application way that minimizes costs while at the APIS data. The carriers provide this for vetting purposes, as explained in the same time adhering to the Congressional information to DHS. It is the Privacy Impact Assessment Update for mandate to develop ESTA within responsibility of the VWP traveler to the Electronic System for Travel certain timeframes. apply for and obtain ESTA travel Authorization—Internet Protocol Comment: Some commenters stated authorization prior to boarding an air or Address and System of Records Notice that ESTA complicates carriers’ efforts sea carrier destined for the United Update, dated July 18, 2012, available at to meet the pre-departure APIS States. DHS has conducted outreach to http://www.dhs.gov/privacy-documents- requirements as they adapt their ensure VWP travelers are aware of their us-customs-and-border-protection. systems. Other commenters asked responsibilities regarding the need to whether a carrier that has received have a valid ESTA travel authorization 22. ESTA Interaction With Other APIS/AQQ accreditation is required to prior to boarding a conveyance destined Systems go through a future accreditation for the United States and is confident Comment: Some commenters asked process once ESTA messages have been that there will be no passenger DHS to link ESTA with other incorporated. Some commenters noted processing delays arising due to government systems or programs, such that the Consolidated User Guide, UN/ confusion regarding APIS requirements as the State Department’s visa issuance EDIFACT, arrived in late July 2008 and and ESTA requirements.

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Comment: One commenter asked if States and that some prospective System, as determined by the Secretary APIS data would suffice as an travelers may not have credit cards. (ESTA fee). DHS has determined that alternative to having a valid ESTA travel Response: DHS currently uses the the $4 ESTA fee is necessary to ensure authorization and another asked if APIS system Pay.gov to process payment the full costs of providing and submissions would suffice for updates information. This system collects and administering the System. The statute to information on the ESTA Web site. processes payments from credit cards does not permit DHS to consider Response: There is no alternative to and credit/debit cards from the benefits to the travel industry that result having ESTA travel authorization for following institutions: MasterCard, from VWP travelers coming to the VWP travel. Each VWP traveler must VISA, American Express, Discover, United States in determining the ESTA receive travel authorization through the Japan Credit Bureau, and Diners Club. fee. ESTA Web site prior to boarding a However, based on the feedback Comment: One commenter stated that conveyance destined for an air or sea received, DHS is currently investigating a $.050 administrative fee would be port of entry in the United States. the option of allowing payments to be more appropriate than a $4 Additionally, APIS data is not an made from additional sources. If DHS administrative charge for collecting the acceptable means for updating changes decides to expand the allowable $10 TPA fee. to any of the mandatory data elements. methods of payment, DHS will Response: The $4 ESTA fee is As noted above in the Mandatory and announce this to the public through unrelated to the $10 TPA fee. The $4 Optional Data Elements section, changes outreach programs, travel Web sites, and ESTA fee goes to DHS to pay the costs to any of the mandatory data elements postings on the ESTA Web site. An associated with operating ESTA. The require a new travel authorization. applicant who does not have a credit $10 TPA fee goes to a fund in the Comment: One commenter stated that card may arrange for a third party, such Department of the Treasury established by the Travel Promotion Act of 2009 to the address and passport information as a relative or travel agent, to submit fund the activities of the Corporation for collected through ESTA should be the payment. Additionally, DHS has made changes Travel Promotion. defaulted to read, ‘‘Refer to APIS Entry’’ to the payment functionality on the Comment: One commenter supports to avoid the need for the carrier to adapt ESTA Web site to allow for groups of up the $10 TPA fee in order to provide a their APIS system to accommodate to 50 applications to be paid with a well-funded mechanism to reach out to ESTA. Several commenters stated that single transaction. This functionality actual and prospective travelers to ESTA should be harmonized with APIS/ was added to accommodate those explain the rationale and details of AQQ. applications filed in group situations, ESTA. Response: Though the two systems such as a travel agent working on behalf Response: The TPA established the are distinct, ESTA does work in of a group of travelers or a family Corporation for Travel Promotion as a conjunction with APIS/AQQ. For applying together. A group is formed nonprofit corporation for the purpose of carriers that transport VWP travelers, when a user adds an application to an promoting foreign leisure, business, and the APIS/AQQ system was configured to existing application at which time a scholarly travel to the U.S. and selectively activate inclusion of ESTA group of two applications is formed. At maximizing the economic and social application status in the message that time, the system will request benefits of that travel for communities response to the carrier, thereby allowing information on the Group Point of across the country. The purpose of the carriers to know if the traveler has ESTA Contact (POC) who will be paying for $10 TPA fee is to provide funds for the travel authorization and is eligible to the applications. The Group POC can Corporation for Travel Promotion to board without a visa. As such, a ‘‘Refer add to that initial group of two by attract visitors to the United States. The to APIS Entry’’ message is unnecessary. creating new applications or retrieving $10 TPA Fee does not fund any Comment: Some commenters had existing ones. The system will monitor outreach regarding ESTA. concerns regarding travel eligibility or the number of applications in a group Comment: Some commenters oppose carrier penalties if a VWP traveler failed and will not allow the group to exceed the $10 TPA fee because they believe to update his or her information, such 50 applications. After the creation of the that VWP travelers would receive no as flight itinerary, or if this information group is complete, the system will ask benefit from such fee. They indicate that differed from the APIS transmission the Group POC to submit payment. The the $10 TPA fee should not be paid by made by carriers. ESTA fee will be charged for each visitors already coming to the United Response: As communicated through application submitted and the TPA fee States. Some commenters believe that public outreach, carriers will not be will be charged for each travel the $10 TPA fee is a hidden subsidy for penalized in situations where an ESTA authorization granted. the commercial tourism sector and that application does not reflect the current the travel industry should advertise on address or flight details for the traveler’s 24. ESTA Fee and the TPA Fee its own to entice potential visitors. trip to the United States. Should the Comment: A few commenters oppose Response: Eligible travelers from VWP travelers wish to update their address the ESTA fee stating that there are too countries who receive an ESTA travel and flight itinerary details, they are able many fees already. One commenter authorization may benefit from the $10 to do so by accessing their application acknowledged the need to offset the cost TPA fee, as these fees fund the on the ESTA Web site and updating the of maintaining a program such as ESTA Corporation for Travel Promotion that is information, free of charge. with a fee, but thought that the $4 mandated to help communicate travel charge would more than be made up by requirements to travelers to the United 23. Method of Payment what these travelers spend in the United States. In addition, they do not have to Comment: One commenter stated that States. pay to obtain a visa and do not need to DHS should permit different forms of Response: The TPA directed DHS to report for an interview at a U.S. embassy payment in addition to credit cards for establish a fee for ESTA that consists of or consulate. In addition, the $10 TPA paying the ESTA fees. Some the sum of $10 per travel authorization fee is only required with the initial commenters pointed out that credit card (TPA fee) and an amount that will at application or renewal of the ESTA, and use is not as widespread in the least ensure recovery of the full costs of will cover as many trips as the traveler European Union as it is in the United providing and administering the takes to the United States during the

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ESTA travel authorization’s validity 25. APA Procedures before mandatory implementation. period. Comment: A few commenters state Consistent with this, DHS published a The $10 TPA fee amount was set by that DHS should have implemented notice in the Federal Register on the TPA to fund the Corporation for ESTA through prior notice and November 13, 2008, and announced that Travel Promotion, which was comment procedures instead of as an mandatory compliance would be established by the TPA as a partnership interim final rule. required for VWP travelers on January between the travel industry and the Response: DHS is committed to 12, 2009. See 73 FR 67354. The time federal government to create a ensuring that the public has an period between the ESTA IFR’s effective marketing and promotion program to opportunity to comment on rulemakings date and the date it became mandatory compete for international visitors and to and publishes proposed rules for public allowed DHS to address the numerous create jobs and economic growth. notice and comment whenever possible. operational issues inherent in designing and building an electronic system. It Comment: Some commenters were In order to mitigate the security vulnerabilities of the VWP and fulfill also enabled DHS to request and receive concerned that other countries could public comments. Even though ESTA the mandates of the 9/11 Act, consistent reciprocate with a travel promotion fee did not become mandatory right away, with the Administrative Procedure Act, of their own which would harm U.S. the system was established at the time DHS implemented ESTA as an interim travelers. of implementation and could be used by final rule under the ‘‘procedural,’’ ‘‘good VWP travelers to submit advance Response: DHS has no control over cause,’’ and ‘‘foreign affairs’’ exceptions information. Therefore, it did provide foreign governments charging travel to the APA’s rulemaking requirements. promotion fees of their own. Some some immediate security benefits. See 5 U.S.C. 553. Discussion by DHS on Comment: Some commenters stated countries, including Visa Waiver how the ESTA IFR met these exceptions Program countries, have established that DHS’s use of the APA’s procedural is set forth at 73 FR 32440 at 32444. In exception in the ESTA IFR was their own version of a travel promotion addition, DHS sought feedback from fee. improper because the procedures interested persons and provided 60 days established by the ESTA IFR are Comment: A few commenters asked for the public to submit comments on substantively different from what they whether the $4 ESTA fee and the $10 both the ESTA IFR and the ESTA Fee were previously and because it imposes TPA fee would be charged for updating IFR. DHS has reviewed these comments expensive burdens on carriers and information. thoroughly and as discussed in this travelers. Response: The $4 ESTA fee is charged document, has implemented many of Response: DHS believes the each time a new ESTA application is the commenters’ suggestions. procedural exception in 5 U.S.C. submitted. The $10 TPA fee will be Comment: One commenter stated that 553(b)(A) was appropriately used in the charged whenever a new ESTA travel the ESTA IFR’s good cause exception ESTA IFR. As explained in the ESTA authorization is granted. For example, if does not apply because the national IFR, ESTA merely automated an existing an applicant applies for an ESTA travel security justification is not fully reporting requirement for nonimmigrant authorization but the ESTA application explained and that the ESTA IFR’s aliens, as captured in the Nonimmigrant is denied, the applicant will be charged Regulatory Analysis found no new Alien Arrival/Departure (I–94W) paper the $4 ESTA fee but not the $10 TPA security benefits. form. See 73 FR 32440 at 32444. fee. Updates to non-mandatory fields of Response: The ESTA IFR was Although ESTA altered the method and information, such as flight number or properly implemented under the APA’s time for VWP travelers to provide DHS address in the United States, will not good cause exception as provided in 5 with required information, it did not require a new travel authorization and U.S.C. 553(b)(B). DHS determined that substantively affect nonimmigrant as such, will not require a new ESTA prior notice and comment rulemaking aliens’ rights to apply for admission application. However, changes to one of was impracticable and contrary to the under the VWP; nor did it alter the the required data fields will necessitate public interest because it would hinder criteria aliens must meet to be admitted a new ESTA application. In order to DHS’s ability to address security to the United States under the VWP. obtain travel authorization, the vulnerabilities of the VWP that Congress Additionally, there were no applicant will have to pay the $4 ESTA asked DHS to address in the 9/11 Act. substantive changes affecting carriers. fee and the $10 TPA fee if travel As stated in the ESTA IFR, The INA already required carriers to authorization is granted. implementation of this rule prior to ensure that passengers have appropriate notice and comment was necessary to documentation to travel to the United Comment: Some commenters stated protect the national security of the States. In addition, carriers were already that they understand the need to charge United States and to prevent potential required to electronically verify and the $4 ESTA fee for a new ESTA travel terrorists from exploiting VWP. See 73 transmit passenger information to DHS authorization due to changes such as FR 32440 at 32444. through APIS/AQQ. name, gender, or country of citizenship Comment: One commenter stated that DHS is mindful of the fact that ESTA within the two year validity period, but the economic analysis in the Executive imposed some external costs on the feel that charging the additional $10 Order 12866 section of the ESTA IFR travel industry and some TPA fee is not consistent with the contradicted DHS’s national security inconveniences to the traveler. issuance of an ESTA travel justification because an effective date However, as described elsewhere in this authorization that is valid for two years. was established six months after document, ESTA also facilitates travel Response: The Travel Promotion Act publication of the ESTA IFR. and provides cost savings. In any case, of 2009 explicitly stated that the fee Response: The ESTA IFR became the fact that an agency’s rule imposes a would be ‘‘$10 per travel effective on August 8, 2008, 30 days burden, even a substantial burden, does authorization.’’ Therefore, until after the date of publication. See 73 FR not automatically mean that prior notice September 30, 2020 when the TPA fee 32440. However, in the ESTA IFR, DHS and comment rulemaking is required. provision expires, the $10 TPA fee must stated that it would provide a 60 day Comment: One commenter stated that be collected whenever a new travel prior notice to the public via the foreign affairs exception to the APA authorization is granted. publication in the Federal Register requirements was not justified because

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the IFR failed to cite to undesirable information. Personal information archived for twelve years to allow international consequences. submitted through the ESTA Web site is retrieval of the information for law Response: DHS believes the foreign protected in accordance with U.S. law enforcement, national security, or affairs exception in 5 U.S.C. 553(a)(1) and DHS Privacy Policy. The ESTA Web investigatory purposes. Once the was justified. The foreign affairs site employs software programs to information is archived, the number of function applies because ESTA identify unauthorized attempts to officials with access to it will be further ‘‘advances the President’s foreign policy upload or change information, or limited. These retention periods are goals, involves bilateral agreements that otherwise cause damage. consistent both with border search the United States has entered into with The credit card information that is authority and with the border security participating VWP countries, and entered in the ESTA Web site is not mission mandated by Congress. Data directly involves relationships between retained in the ESTA database. linked to active law enforcement the United States and its alien visitors.’’ Currently, the data entered on the ESTA lookout records, enforcement activities, See 73 FR 32440 at 32444. Web site is forwarded to Pay.gov for and/or investigations or cases, including payment processing and Pay.gov 26. Effective Date ESTA applications that are denied, will forwards the traveler’s name and an remain accessible for the life of the law Comment: Several commenters had ESTA tracking number to DHS’s Credit/ enforcement activities to which they are questions regarding the six month Debit Card Data System (CDCDS) for related. implementation requirement of the TPA payment reconciliation. Pay.gov sends a In those instances when a VWP and asked DHS to explain how the nightly activity file, including the last traveler’s ESTA application data is used September 8, 2010 effective date for the four digits of the credit card, for purposes of processing their ESTA Fee IFR was reached. authorization number, billing name, application for admission to the United Response: The TPA was signed March address, ESTA tracking number, and States, the ESTA application data will 4, 2010. The ESTA Fee IFR published in Pay.gov tracking numbers, to CDCDS. be used to create a corresponding the Federal Register on August 9, 2010. Pay.gov also sends a daily batch file admission record in DHS’s Non- DHS decided to provide a full 30 days with the necessary payment information Immigrant Information System (NIIS). of notice post-publication in order to to a commercial bank for settlement This corresponding admission record give the public sufficient time to adjust processing. After processing, the will be retained in accordance with the to the changes. This resulted in the commercial bank sends a settlement file, NIIS retention schedule, which is 75 September 8, 2010 effective date. including the full credit card number, years. authorization number, card type, 27. Privacy Payment information is not stored in transaction date, amount, and ESTA ESTA, but is forwarded to Pay.gov and Comment: Some commenters claimed tracking number to CDCDS. CDCDS stored in DHS’s financial processing that requiring carriers to submit ESTA retains the data from these transactions system, CDCDS. Records are retained applications on behalf of travelers on different tables. there for nine months in an active state would violate European Union data CDCDS matches the data transmitted to reconcile accounts and six years and privacy regulations or lead to other from ESTA, Pay.gov, and the three months in an archived state in difficult situations, such as applications commercial bank by the ESTA tracking conformance with National Archives submitted on the day of departure in number and posts payments to DHS’s and Records Administration (NARA) crowded airports. account. DHS uses the data in CDCDS General Schedule 6 Item 1 Financial Response: DHS does not require to manually research and reconcile Records management requirements, carriers or any other third party to unmatched transactions to the proper which may be found online at: http:// submit ESTA applications on behalf of account, and to research and respond to www.archives.gov/records-mgmt/grs/ travelers. ESTA allows VWP travelers charge-backs by the applicant, if grs06.html. The nine month active the option of seeking assistance from a necessary. status is necessary to handle third party in submitting an ESTA ESTA fee procedures, including reconciliation issues (including application. Travelers who do not wish collection, use, and retention of credit chargeback requests and retrievals). to use ESTA may apply to the U.S. State card information, are detailed in the PIA Comment: One commenter stated that Department for a visa. Update for the ESTA Fee, which can be the agreement between the United DHS addresses privacy concerns found at http://www.dhs.gov/privacy- States and the European Union on associated with ESTA in the ESTA documents-us-customs-and-border- Passenger Name Records (PNR) data Privacy Impact Assessment (PIA) and protection. does not adequately cover the security subsequent ESTA PIA updates which Comment: One commenter asked DHS questions posed in ESTA. may be found at: http://www.dhs.gov/ to clarify data retention periods that Response: This comment was privacy-documents-us-customs-and- were referenced in the ESTA IFR. received in response to the ESTA IFR border-protection. Response: ESTA data retention Comment: Some commenters were periods are detailed in the ESTA PIA and as such, is likely referring to the concerned that the credit card and subsequent updates found at 2007 agreement between the United information submitted by the ESTA http://www.dhs.gov/privacy-documents- States of America and the European applicant could be used improperly. us-customs-and-border-protection. Union on the Use and Transfer of They would like DHS to clarify which ESTA application data remains active Passenger Name Records to the United credit card details, if any, are retained for the period of time that the ESTA States Department of Homeland or used for purposes other than those for travel authorization is valid, which, as Security’’ (PNR Agreement). An updated which they were collected and to explained above, is generally two years version of this agreement was signed on or until the traveler’s passport expires, December 14, 2011, and went into effect provide information about how DHS 8 safeguards this information. unless one of the situations listed at 8 on July 1, 2012. Although there are no Response: The ESTA Web site is CFR 217.5(e) occurs requiring a new 8 For more information on the 2011 PNR operated by the United States travel authorization. DHS will then agreement, please see http://www.dhs.gov/sites/ Government and employs technology to maintain this information for an default/files/publications/privacy/Reports/ prevent unauthorized access to additional year, after which it will be dhsprivacy_PNR%20Agreement_12_14_2011.pdf.

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material differences between the 2007 Notice and request for comments; denied. Nevertheless, some travelers version and the updated PNR Extension of an existing information may not receive their travel Agreement, this response applies to the collection: 1651–0111 in the Federal authorization or visa in time to make version that went into effect on July 1, Register on December 12, 2008, their scheduled trip. Through the end of 2012. specifically requesting comments on the 2012, over 99% of ESTA applicants PNR data is submitted by airlines to information collection requirement have been approved; therefore, the DHS and contains a variety of traveler concerning ESTA. See 73 FR 75730. impact of potential denied travel information including the passenger’s DHS published a subsequent 30-Day authorizations is limited. name, contact details, travel itinerary, notice requesting comments concerning Additionally, the economic analysis and other reservation details, as the information collection requirements did not quantify the impacts of potential described in the DHS Automated of ESTA on February 13, 2009. See 74 ‘‘reciprocity’’ from other governments Targeting System (ATS) Privacy Impact FR 7243. On July 25, 2011, DHS requiring information from U.S. citizens Assessment. The PNR Agreement published a 30-Day notice and request in advance of travel; however, DHS addresses the privacy and security of for comments regarding the addition of acknowledged this potential in the PNR data transferred from the EU and ‘‘Country of Birth’’ as a required data chapter of the analysis devoted to the does not pertain to ESTA. A Privacy element. See 76 FR 44349. Also, on cost impacts of ESTA. As stated, other Impact Assessment of ESTA, which November 26, 2013, DHS published a VWP countries may choose to collect includes a discussion of related security 60-day notice and request for comments advance admissibility data from U.S. issues, can be found at http:// concerning changes to the ESTA citizens prior to entering their country www.dhs.gov/privacy-documents-us- application and paper Form I–94W in as a consequence of this rule (and customs-and-border-protection. the Federal Register. See 78 FR 70570. Australia currently does as part of their ETA program). The European Union, for 28. Economic analysis; Regulatory On February 14, 2014, DHS published a example, reportedly is considering a Flexibility Act; Paperwork Reduction 30-day notice and request for comments system similar to ESTA. DHS does not Act concerning changes to the ESTA application and paper Form I–94W in know which countries, if any, could Comment: One commenter stated that the Federal Register. See 79 FR 8984. establish similar requirements to ESTA, a Regulatory Flexibility Act analysis These notices concerned revised but any such requirements would affect was required for the ESTA IFR. questions to make the ESTA application U.S. citizens and U.S. carriers. However, Response: The commenter is more easily understandable to the the purpose of the economic analysis is incorrect. The Regulatory Flexibility Act traveling public. DHS continues to to estimate the costs and benefits of the (RFA) (5 U.S.C. 603(b)), as amended by provide the public with the opportunity U.S. regulation under consideration, not the Small Business Regulatory to comment on information collections other travel requirements that may or Enforcement and Fairness Act of 1996 concerning ESTA and has done so as may not be implemented in the future (SBREFA), requires an agency to prepare recently as December 9, 2014, when in other countries. and make available to the public a DHS published a 60-day notice The cost to obtain an ESTA travel regulatory flexibility analysis that regarding additional changes to the authorization places a minimal burden describes the effect of a proposed rule ESTA application and paper Form I– on the traveler. DHS does not know if on small entities (i.e., small businesses, 94W in the Federal Register. See 79 FR ESTA created a monetary disincentive small organizations, and small 73096. to travel to the United States, but notes governmental jurisdictions) when the Comment: A few comments were that travel to the United States has agency is required ‘‘to publish a general received regarding the information grown under the VWP after the notice of proposed rulemaking for any contained in the economic analysis. establishment of ESTA. Although DHS proposed rule.’’ Because this rule was Some commenters stated that the does not explicitly estimate a decrease issued as an interim final rule under the economic analysis did not consider in travel as a result of the rule, such procedural, good cause, and foreign things such as the economic impact of effects were presumably captured in the affairs function exceptions of the missed flights, lost tourism, lost sensitivity analysis available in the Administrative Procedure Act, a commercial opportunities, and the appendix to the regulatory assessment, regulatory flexibility analysis was not impact of foreign governments imposing which is available in the docket of this required. See 5 U.S.C. 553; 73 FR 32440 ESTA-like requirements on U.S. citizens rule. at 32444. traveling to VWP countries. Comment: One commenter stated that Comment: One commenter stated that Response: The commenters are correct the cost of ESTA would be $10,000 per a review under the Paperwork that the economic analysis did not business traveler (minimum mean per Reduction Act (PRA) is warranted quantify the impacts of missed flights person impact of the rule) if lost clients because there was no OMB Information and lost tourism as a result of ESTA and lost business from a denied travel Collection Request review and chance implementation; however, DHS authorization are factored into the for public comment. discussed this potential qualitatively in analysis. The commenter estimates that Response: This data collection was the chapter of the analysis devoted to for leisure travelers, the costs would be reviewed by OMB under Control the cost impacts of ESTA. As stated in less but still substantial (average cost of Number 1651–0111, in accordance with the economic analysis, some travelers $500). the Paperwork Reduction Act of 1995 may not be able to travel to the United Response: Although the commenter (PRA), Public Law 104–113. See 73 FR States even when they apply for a visa may believe that $10,000 and $500 are 32440 at 32452. Additionally, the public at a U.S. embassy or consulate. DHS reasonable estimates of the average per- had multiple opportunities to comment does not know how many travelers this traveler impacts of ESTA, the on the information collection represents, but the percentage is likely commenter provides only limited requirements concerning ESTA. The very small. The State Department may explanation on how those figures were ESTA IFR requested comments on all make accommodations for certain last- estimated. This estimate seems to aspects of this rule, including PRA- minute travelers who are scheduled to include costs such as the time and related comments. See 72 FR 32440. travel in the next 72 hours, have applied expense to get a visa (which is estimated Additionally, DHS published a 60-Day for an authorization, and have been in the economic analysis below), but it

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is mostly the cost of lost business for For the ESTA IFR, DHS consulted the Assessment that can be found in the travelers who are unable to travel to the International Air Transport Association public docket for this rule. United States if their ESTA is denied (IATA) Web site for member details. 29. Comments That Are Beyond the and they are unable to obtain a visa. DHS then accessed individual carrier Scope of the IFRs DHS notes that only 0.23 percent of Web sites to determine if the carriers ESTA applications are denied and, flew to or from the United States and if Comment: One commenter stated that absent the rule, these people would the carrier country was an original VWP the DHS does not address the lack of likely be denied entry to the United country, a new VWP country,9 or the system database integration of ESTA States upon arrival anyway. Since United States. DHS determined that 8 with the legacy INS IDENT and the FBI/ travelers normally apply for an ESTA U.S.-based carriers and 35 foreign-based IAFIS databases. when they purchase their ticket, there is carriers would likely have to develop Response: Questions regarding other ample time for most denied applicants ESTA capabilities. Based on further systems unrelated to ESTA (e.g. IDENT to apply for a visa. The State research of U.S. airports and airlines and IAFIS) are beyond the scope of this Department may make accommodations servicing these airports, it was rulemaking. ESTA is a system that for last minute travelers who are determined that there are an additional collects biographic information and scheduled to travel in the next 72 hours 10 foreign carriers that should be IDENT and IAFIS are biometric systems and have been denied an ESTA. DHS included in the analysis that are based capturing fingerprints for identification does not have data on the number of in original VWP or new VWP countries purposes. Please refer to the ESTA travelers who are denied an ESTA and but are not members of IATA. Privacy Impact Assessments for more information on system integration, are subsequently denied a visa. Furthermore, there are foreign carriers which may be found online at: http:// However, DHS notes that these travelers that are not based in original or new www.dhs.gov/privacy-documents-us- are likely to have been deemed VWP countries that offer direct flights customs-and-border-protection. inadmissible upon arrival in the United from VWP countries to the United Comment: One commenter remarked States absent this rule. DHS, therefore, States. It is likely that these airlines will that VWP countries should monitor and believes that the losses to business and be carrying a significant number of limit the fees that third party vendors leisure travelers who, absent this rule, VWP-eligible passengers and will thus may charge a passenger for filling out would have been admitted to the United wish to develop ESTA capabilities in ESTA applications on the passenger’s States are small. We discuss these costs order to best serve their customers. behalf. qualitatively in the economic analysis. Based on further research of U.S. Response: It would be inappropriate Comment: One commenter stated that airports and airlines servicing these for DHS to comment on how foreign the economic analysis did not analyze airports, it was determined that there governments regulate businesses or to the number of passengers who will are an additional eight foreign carriers dictate what fees a third party vendor arrive at foreign airports without a travel that should be included in the analysis. charges for passengers to have an ESTA authorization in place. These airlines are from the Middle East application filled out. DHS is aware that Response: This commenter is correct. and Asia and offer direct flights to the there have been several sites that were This is because DHS does not track how United States from Japan, Singapore, charging inordinate fees for information many travelers arrive without first and the United Kingdom. As a result of on the program and to apply for an having obtained travel authorization. this further research, the analysis now ESTA travel authorization. DHS issued However, DHS does estimate the cost to includes cost estimates for 8 U.S.-based an Advisory about these Web sites in carriers to implement ESTA. Since the air carriers and 53 foreign-based air November 2008 to inform the traveling publication of the interim rule, DHS has carriers. This analysis is summarized public that these sites are not affiliated done outreach to carriers to determine below in the section for Executive Order with the United States government and the true magnitude of their costs in 12866 and 13563. travelers who accidentally go to those implementing ESTA, including their DHS disagrees that every airline sites should exit and go to the official costs in assisting passengers who arrive around the world would be ‘‘affected ESTA Web site at https:// at foreign airports without a travel significantly’’ by ESTA. Air carriers are esta.cbp.dhs.gov. DHS also has claimed authorization in place. We estimate that not required to develop ESTA rights for ESTA via an application carriers spent $108 million to capabilities; the 9/11 Act has put the submitted to the U.S. Patent and Trade implement ESTA in the first year and burden squarely on traveling Office to protect against unauthorized $12 million in subsequent years. These individuals to obtain authorizations in use of the ESTA symbol and name. DHS costs are discussed in the economic advance of travel. Carriers who do not continues to work on outreach and analysis below. fly to the United States or who carry few communications to the public to Comment: One commenter stated that VWP-eligible travelers are not likely to provide the most up to date information using 62 as the number of air carriers develop ESTA capabilities to assist to assist travelers in complying with the potentially affected by the systems and those customers who arrive at the requirement. As such, this comment is processes modifications required for airport without a travel authorization. beyond the scope of these rulemakings. ESTA was an underestimation in the DHS has conducted a sensitivity Comment: One commenter stated that economic analysis. This commenter analysis that includes all foreign-based ESTA should be implemented at a later claimed that virtually every carrier in airlines with flights to the United States date because there are too many current the world would incur costs to develop but that most likely only carry a few visa holders who are overstaying in the ESTA capabilities. VWP passengers. This analysis is United States, thus burdening American Response: Based on this comment, included in the full Regulatory taxpayers with the costs of deporting DHS has conducted further research and overstaying visa holders. agrees that the number of air carriers 9 For the purpose of this document, we will use Response: Although DHS recognizes potentially affected by the IFR was the term ‘‘original VWP countries’’ to refer to the that there may be cases where visa 27 countries that were part of the VWP prior to the underestimated. DHS has modified its establishment of ESTA, and the term ‘‘new VWP holders are overstaying their allowed cost estimates to include additional countries’’ to refer to the 10 countries that were time period for visiting the United carriers. added to the VWP after that date, including Taiwan. States, the purpose of ESTA is to allow

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DHS to determine travel eligibility and future, DHS is removing the sentence notifying the public that DHS would enhance the security of the United that refers to Pay.gov. begin collecting the Internet Protocol States and the VWP, and not to identify address (IP address) associated with a B. Operational Modifications possible enforcement actions against submitted ESTA application. The IP visa holders or VWP travelers who have As discussed in this document, DHS address will be used along with other overstayed their authorized period of has made various minor changes to application data for vetting purposes. admission. As such, this comment is ESTA in response to comments 4. Multiple Application Payment beyond the scope of these rulemakings. received, such as the creation of the Function Comment: Some commenters claimed email notification regarding a traveler’s that the ESTA rule violated the Airline impending ESTA travel authorization As discussed above, DHS modified Deregulation Act because it is an expiration and various changes made to the payment functionality to allow for a ‘‘attempt to restrict the obligation of the language used on the ESTA Web site single credit card transaction to pay for airlines to transport all passengers to ensure clarity. Despite making only up to 50 ESTA applications. A group complying with their published tariffs’’ one substantive and one technical point of contact must submit payment and that DHS failed to consider ‘‘the changes to the regulations in this final after inputting or retrieving the relevant public right of freedom of transit of the rule, DHS would like to highlight five applications. This modification will navigable airspace’’ as required by the operational modifications affecting allow groups such as businesses or a Airline Deregulation Act. ESTA applicants and VWP travelers family to submit ESTA applications since the publication of the interim final without having to submit payment Response: The main purpose of the rules: information for each individual Airline Deregulation Act (Public Law application. 95–504), signed into law on October 24, 1. Elimination of the Paper Form I–94W 1978, was to remove government control The requirement to complete the 5. Modification of the Eligibility over fares, routes, and market entry (of Nonimmigrant Alien Arrival/Departure Questions on the Form I–94W and new airlines) from commercial aviation. (I–94W) paper form was eliminated for ESTA Application ESTA does not impose any restrictions VWP travelers arriving in the United On November 26, 2013 and February on fares, routes, or market entry from States at air or sea ports of entry on or 14, 2014, DHS published notices in the commercial aviation and as such, this after June 29, 2010. For these travelers, Federal Register proposing to revise the comment is beyond the scope of these ESTA satisfies the requirement to Form I–94W collection of information rulemakings. complete and submit a paper Form I– by amending the eligibility questions to III. Conclusion 94W upon arrival in the United States. the ESTA application and to the paper DHS worked extensively with carriers to Form I–94W to make the questions A. Regulatory Amendments bring about an orderly transition to clearer and easier to understand while The amendments to title 8 of the Code remove the paper Form I–94W from still providing DHS with the of Federal Regulations, as set forth in circulation and to ensure that all information needed to make eligibility the ESTA IFR, published June 8, 2008, affected parties were aware of the determinations. See 78 FR 70570 and 79 and the ESTA Fee IFR, published updated requirements. Currently, only FR 8984. These notices also solicited August 9, 2010, are adopted as final VWP travelers arriving at the United comments regarding the proposed with the following changes: States at land ports of entry are required revisions. No comments were received. to complete the paper Form I–94W. The ESTA regulations are being On December 9, 2014, DHS published a modified by adding a new § 217.5(d)(3) 2. Addition of Country of Birth to the 60-day notice regarding additional to allow for flexibility to adjust the Form I–94W changes to the ESTA application and paper Form I–94W in the Federal validity period for a designated VWP On May 16, 2011 and July 25, 2011, country and to state that notice of any Register. See 79 FR 73096. These DHS published notices in the Federal changes collect more detailed such change will be published in the Register proposing to revise the Form I– Federal Register and reflected on the information about a traveler by making 94W collection of information by adding previously optional questions ESTA Web site. In addition to a data field for ‘‘Country of Birth’’ to addressing comments regarding the mandatory and by adding additional ESTA and to the paper Form I–94W. questions concerning other names or extension of the validity period These notices also solicited comments discussed above, DHS’s decision to aliases, current or previous regarding the proposed revision. No employment, and emergency contact include this new section providing the comments were received. As of Secretary with the flexibility to extend information among other questions. December 11, 2011, country of birth is These changes are necessary to improve or shorten the ESTA travel authorization a required data element on all ESTA validity period for a designated VWP the screening of travelers before their applications. Individuals who obtained admittance into the U.S. On November country is being done under the travel authorizations prior to this date authority of the foreign affairs function 3, 2014, DHS amended the questions do not need to provide ‘‘Country of accordingly. of the United States to administer the Birth’’ to maintain travel authorization; VWP and is exempt from notice and however, such individuals must provide IV. Statutory and Regulatory comment rulemaking and delayed ‘‘Country of Birth’’ information if and Requirements effective date requirements generally when applying for a new travel required under 5 U.S.C. 553. See 5 A. Executive Order 13563 and Executive authorization after their current ESTA Order 12866 U.S.C. 553(a)(1). Additionally, section travel authorization expires. 217.5(h)(2) of the ESTA regulations Executive Orders 13563 and 12866 contains a reference to the Treasury 3. Collection of Internet Protocol direct agencies to assess the costs and Department’s Pay.gov financial system Address benefits of available regulatory (Pay.gov). In light of the possibility that On July 30, 2012, DHS published an alternatives and, if regulation is DHS may want to offer alternative updated System of Records Notice in necessary, to select regulatory methods of submitting payment in the the Federal Register (77 FR 44642) approaches that maximize net benefits

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(including potential economic, • The period of analysis is 2008 to for her flight, the passport is swiped and environmental, public health and safety 2018. the APIS process begins. DHS provides effects, distributive impacts, and • For the purpose of this analysis, the passenger’s ESTA application or equity). Executive Order 13563 DHS assumes that travelers from all authorization status to the carrier in the emphasizes the importance of VWP countries began complying with return APIS message. If a passenger has quantifying both costs and benefits, of the ESTA requirements on January 1, not applied for and received a travel reducing costs, of harmonizing rules, 2009, except for Greece and Taiwan, authorization prior to check-in, the and of promoting flexibility. This rule is which DHS assumes began complying carrier will be able to submit the an economically significant regulatory with the ESTA requirements on January required information and obtain the action under section 3(f) of Executive 1, 2010 and January 1, 2013, authorization on behalf of the passenger. Order 12866 as it has an annual effect respectively.12 It is unknown how many passengers on the economy of $100 million or more • Air and sea carriers that transport rely on their carrier to apply for an in any one year. As a result, this rule these VWP travelers are not directly ESTA travel authorization on their has been reviewed by the Office of regulated under this rule; therefore, they behalf. Management and Budget. The following are not responsible for completing ESTA At the time of the publication of the summary presents the costs and benefits applications on behalf of their ESTA Interim Final Rule, it was to applicant carriers and DHS.10 passengers. However, carriers have unknown how much it would cost carriers to modify their existing systems. The purpose of ESTA is to allow DHS chosen to either modify their existing DHS therefore developed a range of to establish, in advance of travel, the systems or potentially develop new costs for the analysis in the Interim eligibility of certain foreign travelers to systems to submit ESTA applications for Final Rule. Since the publication of the enter the United States and whether the their customers. For this analysis, DHS assumes that carriers incurred system Interim Final Rule, CBP has done alien’s proposed travel to the U.S. poses development costs in 2008 and incur outreach to carriers to determine the a law enforcement or security risk. operation and maintenance costs every true magnitude of their costs in Upon review of such information, DHS year thereafter (2009–2018). DHS notes implementing ESTA. Based on will determine whether the alien is that it transmits travelers’ authorization communications with carriers, we now eligible to travel to the United States. status through its existing Advance estimate that carriers spend an average There are currently 37 countries in the Passenger Information System (APIS), of $1,350,000 in the first year and VWP.11 Furthermore, as additional and therefore carriers did not have to $150,000 in subsequent years. Each countries are brought into the VWP, make significant changes to their subsequent year estimate is intended to their citizens are also required to existing systems in response to this rule. account not only for annual operation comply with ESTA. Additionally, and maintenance of the system but also because the information provided by the Impacts to Air & Sea Carriers for the burden incurred by the carriers traveler through ESTA is the same DHS estimates that 8 U.S.-based air to assist passengers. information that was previously carriers and 13 sea carriers are Given this range, costs for U.S. based collected on the I–94W form (Arrival indirectly affected by the rule. An carriers are about $28.4 million in the and Departure Record), travelers who additional 53 foreign-based air carriers first year and $3.2 million in subsequent receive a travel authorization through and 6 sea carriers are indirectly affected. years (undiscounted). Costs for foreign- ESTA do not have to complete this form As noted previously, DHS transmits a based carriers are about $79.7 million in while en route to the United States. passenger’s ESTA application or the first year and $8.9 million in The primary parameters for this authorization status to the air carriers subsequent years (undiscounted). See analysis are as follows— using APIS. When a passenger checks in Exhibit 1.

EXHIBIT 1—FIRST YEAR AND ANNUAL COSTS FOR CARRIERS TO ADDRESS ESTA REQUIREMENTS [$Millions, 2008–2018, Undiscounted]

U.S. Foreign Air Sea Air Sea Total

Carriers ...... 8 13 53 6 80 2008 ...... $10.8 $17.6 $71.6 $8.1 $108.0 2009 ...... 1.2 2.0 8.0 0.9 12.0 2010 ...... 1.2 2.0 8.0 0.9 12.0 2011 ...... 1.2 2.0 8.0 0.9 12.0 2012 ...... 1.2 2.0 8.0 0.9 12.0 2013 ...... 1.2 2.0 8.0 0.9 12.0 2014 ...... 1.2 2.0 8.0 0.9 12.0 2015 ...... 1.2 2.0 8.0 0.9 12.0 2016 ...... 1.2 2.0 8.0 0.9 12.0 2017 ...... 1.2 2.0 8.0 0.9 12.0

10 The complete Regulatory Assessment can be Malta, Monaco, the Netherlands, New Zealand, in the VWP effective November 1, 2012, these found in the docket for this rulemaking: http:// Norway, Portugal, San Marino, Singapore, Slovakia, countries were previously designated as www.regulations.gov. Slovenia, South Korea, Spain, Sweden, ‘‘Roadmap’’ countries. Switzerland, Taiwan, and the U.K. Since the June 11 The current VWP countries are Andorra, 12 DHS notes that Taiwan entered the VWP on 9, 2008, publication of the interim final rule, the Australia, Austria, Belgium, Brunei, the Czech Czech Republic, Estonia, Greece, Hungary, Latvia, November 1, 2012. However, DHS uses January 1, Republic, Estonia, Denmark, Finland, France, Lithuania, Malta, Slovakia, South Korea, and 2013 as Taiwan’s ESTA start date for the analysis Germany, Greece, Hungary, Iceland, Ireland, Italy, Taiwan have entered the VWP. With the exception because data on I–94/I–94W arrivals by country are Japan, Latvia, Lichtenstein, Lithuania, Luxembourg, of Taiwan, which was designated for participation only available on an annual basis.

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EXHIBIT 1—FIRST YEAR AND ANNUAL COSTS FOR CARRIERS TO ADDRESS ESTA REQUIREMENTS—Continued [$Millions, 2008–2018, Undiscounted]

U.S. Foreign Air Sea Air Sea Total

2018 ...... 1.2 2.0 8.0 0.9 12.0 Detail may not calculate to total due to independent rounding.

As estimated, ESTA will cost the million (2013 dollars) over the 11 year discount rate applied (3 or 7 percent). carriers about $244 million to $270 period of analysis depending on the See Exhibit 2.

EXHIBIT 2—PRESENT VALUE COSTS FOR CARRIERS TO ADDRESS ESTA REQUIREMENTS [Millions, 2008–2018]

U.S. Foreign Air Sea Air Sea

3 percent discount rate

11-year modal total ...... $24.4 $39.6 $161.6 $18.3

11-year subtotal ...... $64.0 $179.9

11-year grand total ...... $243.9

Annualized modal total ...... $2.2 $3.6 $14.6 $1.7

Annualized subtotal ...... $5.8 $16.3

Annualized grand total ...... $22.1

7 percent discount rate

11-year modal total ...... $27.0 $43.8 $178.7 $20.2

11-year subtotal ...... $70.8 $198.9

11-year grand total ...... $269.7

Annualized modal total ...... $2.4 $3.9 $15.9 $1.8

Annualized subtotal ...... $6.3 $17.7

Annualized grand total ...... $24.0 Detail may not calculate to total due to independent rounding.

Travel agents and other service advance of travel to the United States. existing process for obtaining a visa, providers may incur costs to assist their Travelers from new VWP countries also DHS estimates the cost to obtain that clients in obtaining travel incur costs and burdens, though these document in the event that a travel authorizations. Affected travel agents are much less than obtaining a authorization is denied and the traveler are mostly foreign businesses located in nonimmigrant visa (category B–1/B–2), is directed to go to a U.S. embassy or the VWP countries. DHS has worked to which is currently required for short- consulate to obtain permission to travel minimize the costs for travel agents, term business and leisure travel to the to the United States. building functionality into the ESTA United States, absent eligibility for visa- For this analysis, DHS predicts ESTA- Web site that allows travel agents to free travel. affected travelers to the United States upload ESTA applications for up to 50 For the primary analysis, DHS over the period of analysis using individuals at a time. Thanks to this explores the following categories of information available from the upgrade, travel agents have not needed costs— Department of Commerce, National to obtain software modules to allow • Cost and time burden to obtain a Travel and Tourism Office (NTTO), them to apply for authorizations for travel authorization—DHS estimates the documenting historic travel levels and their clients. cost of applying for the authorization, future projections. We use the travel- Impacts on Travelers the time that will be required to obtain projection percentages through 2018 an authorization, and the value of that provided by NTTO. In addition to total ESTA presents new costs and time time (opportunity cost) to the traveler. travelers, DHS estimates the number of burdens to travelers in original VWP • Cost and time burden to obtain a applicants based on an analysis of early countries who were not previously nonimmigrant (B–1/B–2) visa if travel ESTA applications. An ESTA travel required to submit any information in authorization is denied—based on the authorization is valid for two years, so

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the number of applicants for an ESTA number of arrivals under the VWP. See travel authorization is lower than the Exhibit 3.

EXHIBIT 3—TOTAL VISITORS TO THE UNITED STATES, 2009–2018 [Millions]

2009 2010 2011 2012 2013 * 2014 * 2015 * 2016 * 2017 * 2018 *

Total Travelers...... 17.66 18.74 19.82 20.60 21.54 22.44 23.01 23.52 24.09 24.66 Applicants ...... 14.54 15.44 16.31 16.96 17.74 18.47 18.93 19.35 19.83 20.30 Asterisk denotes projected values.

Cost To Obtain a Travel Authorization 2020. For the purposes of this analysis, Exhibit 4 presents the total and DHS assumes the ESTA operational fee annualized costs to applicants over the The TPA mandates that DHS establish and the travel promotion fee are in period of analysis using 3 and 7 percent a fee for the use of ESTA. In 2010, DHS effect from 2011 to 2018, the last year discount rates. Total costs to applicants published an interim final rule setting of our period of analysis. In addition, over the period of analysis are estimated this fee at $4 per application. The Travel DHS estimates the cost of credit card at $1.9 billion to $2.0 billion. Promotion Act also established a fees for foreign transactions. In total, the Annualized costs to applicants are temporary $10 travel promotion fee to cost per traveler will be $14.35 from estimated at $171 million to $183 be collected through September 30, 2011–2018. million.

EXHIBIT 4—TOTAL PRESENT VALUE AND ANNUALIZED COSTS OF THE ESTA FEE TO APPLICANTS, 2008–2018

Total present value costs Annualized costs ($billions) ($millions) 3% 7% 3% 7%

2.025 1.920 183 171

Time Burden To Obtain a Travel DHS estimates that it takes 15 minutes it almost certainly does not take 15 Authorization of time (0.25 hours) to apply for a travel minutes of time because these entities authorization. Note that this is 7 have most of the information To estimate the value of a non-U.S. minutes more than the time estimated to electronically gathered during the citizen’s time (opportunity cost), DHS complete the I–94W (8 minutes). DHS booking process, and travel and ticket has conducted a brief analysis that takes estimates additional time burden for an agents are certainly comfortable using into account wage rates for each country ESTA application because even though computer applications. Because DHS that will be affected by ESTA the data elements and admissibility does not know how many travelers requirements. Based on this analysis, questions are identical, travelers must apply independently through the ESTA DHS found that Japan, Australia, New now register with ESTA, familiarize Web site versus through a third party, Zealand, and countries in Western themselves with the system, and gather DHS assigns a 15-minute burden to all Europe generally have a higher value of and enter the data. For those applicants travelers. time than the less developed countries who are computer savvy and have little of Eastern Europe and Asia. DHS also difficulty navigating an electronic Based on these values and found that air travelers have a higher system, this may be a high estimate. For assumptions, DHS estimates that total value of time than the general those applicants who are not as opportunity costs in 2009 (the first year population. DHS developed a range of comfortable using computers and that travelers comply with the ESTA cost estimates for the value of an interfacing with Web sites, this may be requirements in this analysis) range individual’s time. For the low cost a low estimate. DHS believes the time from $118 million (low) to $250 million estimate, the hourly value of time ranges burden estimate of 15 minutes is a (high) depending on the value of time from $4.70 to $49.08 depending on the reasonable average. Furthermore, if used. By the end of the period of country. For the high cost estimate, the airlines, cruise lines, travel agents, and analysis (2018), costs range from $163 hourly value of time ranges from $9.95 other service providers are entering the million to $345 million. These estimates to $103.99. information on behalf of the passenger, are all undiscounted. See Exhibit 5.

EXHIBIT 5—TOTAL OPPORTUNITY COSTS FOR VISITORS TO THE UNITED STATES, 2009 AND 2018 (MILLIONS, UNDISCOUNTED)

2009 2018 Low estimate High estimate Low estimate High estimate

$118 $250 $163 $345

As estimated, ESTA could have an billion to $3.0 billion (present value) the value of opportunity cost and the opportunity cost to travelers of $1.4 over the period of analysis depending, discount rate applied (3 or 7 percent).

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Annualized costs are an estimated $123 million to $270 million. See Exhibit 6.

EXHIBIT 6—TOTAL PRESENT VALUE AND ANNUALIZED OPPORTUNITY COSTS TO TRAVELERS, 2008–2018

Total present value costs Annualized costs ($billions) ($millions) Low estimate High estimate Low estimate High estimate 3% 7% 3% 7% 3% 7% 3% 7%

1.409 1.389 2.985 2.941 128 123 270 261

Cost and Burden To Obtain a Visa If a There are also other incidental costs to considered the baseline condition). DHS Travel Authorization Is Denied consider, such as bank and courier fees, does, however, subtract out ESTA photographs, transportation, and other refusals in our benefits calculations Using the values of time noted above, miscellaneous expenses. DHS estimates because these travelers do not accrue DHS estimates the costs if an that these out-of-pocket costs will be any benefit from ESTA. authorization is denied and the traveler $216. DHS multiplies 0.23 percent of the is referred to the nearest U.S. embassy The number of travel authorizations annual travelers for each country by the or consulate to apply for a that are denied for each country is burden (5 hours), the out-of-pocket nonimmigrant visa (B–1/B–2). Absent unknown. Based on the results of ESTA expenses, and the value of time, either country-specific information, DHS implementation since January 2009, high or low. Total present value visa assumes that it requires 5 hours of time DHS uses the overall ESTA denial rate costs over the period of analysis could to obtain a visa including time to of 0.23 percent for each original VWP total $156 million to $227 billion over complete the application, travel time, country (the travelers from the new the period of analysis. Annualized costs waiting at the embassy or consulate for VWP countries are so new to the VWP are an estimated $14 million to $21 the interview, and the interview itself. that obtaining a visa would still be million. See Exhibit 7.

EXHIBIT 7—TOTAL PRESENT VALUE AND ANNUALIZED VISA COSTS TO TRAVELERS, 2008–2018

Total present value costs Annualized costs ($billions) ($millions) Low estimate High estimate Low estimate High estimate 3% 7% 3% 7% 3% 7% 3% 7%

0.158 0.156 0.227 0.224 14 14 21 20

Total Costs to Travelers to travelers will range from $3.5 billion Annualized costs are estimated to range to $5.2 billion depending on the number from $308 million to $474 million. See Based on the above calculations, DHS of travelers, the value of time, and the Exhibit 8. estimates that the total quantified costs discount rate (3 or 7 percent).

EXHIBIT 8—TOTAL PRESENT VALUE AND ANNUALIZED COSTS TO TRAVELERS, 2008–2018

Total present value costs Annualized costs ($billions) ($millions) Low estimate High estimate Low estimate High estimate 3% 7% 3% 7% 3% 7% 3% 7%

3.592 3.464 5.237 5.085 325 308 474 452

DHS has shown that costs to air and is unable to quantify with any degree of governments; and, impacts on queues in sea carriers to support the requirements confidence but should be considered. airports and seaports. of the ESTA program could cost $244 These include: Costs to travel agents million to $270 million over the period and other third-parties applying for Benefits of analysis depending on the discount ESTA travel authorizations on their Benefits of ESTA Advance Screening rate applied to annual costs. Costs to clients’ behalf; losses due to denied foreign travelers could total $3.3 billion travel authorizations and visas (some In addition to fulfilling a statutory to $5.2 billion depending on traveler travelers may not be able to travel to the mandate, the rule serves the twin goals levels, their value of time, and the United States even when they apply for of promoting border security and discount rate applied. a visa at a U.S. embassy or consulate); legitimate travel to the United States. By In addition to the costs quantified trips forgone due to cost, attitude, or modernizing the VWP, ESTA is here, there are other impacts that DHS confusion; reciprocity by foreign intended to both increase national

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security and provide for greater other information available, and authorization to travel to the United efficiencies in the screening of personal judgment, the CBP officer States annually as a result of the ESTA international travelers by allowing for would then make the determination to requirements and must obtain a visa in screening of subjects of potential admit the person to the United States or order to travel. interest well before boarding, thereby refer the traveler to secondary When inadmissible travelers are reducing traveler delays based on inspection for further processing. brought to the United States, they are potentially lengthy processes at U.S. A travel authorization provided referred to secondary inspection where ports of entry. through ESTA permits travel to the a CBP or other law enforcement officer Before ESTA implementation, a very United States but does not guarantee questions them and processes them for small percentage of visitors to the admissibility. Thus, even with ESTA, return to their country of origin. DHS United States are inadmissible for a certain travelers are found inadmissible estimates that it costs $136 per variety of reasons, including but not once they arrive in the United States. A limited to certain health problems and crucial element to determining individual for questioning and certain criminal activity. These aliens admissibility is the face-to-face processing. DHS estimates that may be returned to their country of interaction between the CBP officer and returning inadmissible travelers to their origin at the commercial carrier’s the potential entrant after arrival at the country of origin costs carriers $1,500 expense, and the carrier may be fined United States. Thus, carriers are still per individual, which includes the air for transporting an alien visitor not in responsible for returning passengers to fare and any lodging and meal expenses possession of proper documentation. their last foreign point of departure at incurred while the individual is One of the stated purposes of this rule the carriers’ expense if travelers cannot awaiting transportation out of the is to prevent inadmissible travelers and overcome the inadmissibility United States. travelers not eligible for VWP travel determination of the CBP officer during Based on these estimates, DHS from arriving in the United States. Prior secondary processing. calculates that benefits to DHS will total to ESTA, VWP visitors answered ESTA allows for advance screening of $65 million to $66 million over the questions concerning admissibility by VWP travelers against databases for lost period of analysis depending on the completing their Form I–94Ws as they and stolen passports, visa revocations, discount rate applied. Benefits to were en route to the United States (non- terrorists and by asking admissibility carriers could total $721 million to $732 VWP visitors answer the admissibility questions. Based on actual ESTA denial million. Annualized benefits range from questions on their visa applications). data, DHS estimates that 0.23 percent of $70 million to $72 million. See Exhibit Based on the answers to these questions, affected individuals are denied an ESTA 9.

EXHIBIT 9—BENEFITS OF ADMISSIONS DENIED ATTRIBUTABLE TO ESTA, 2008–2018 [in $millions]

Total 3% Discount rate 7% Discount rate admissions Benefits to Benefits to Total Annualized Benefits to Benefits to Total Annualized denied DHS carriers benefits benefits DHS carriers benefits benefits

496,960 66.2 732.1 798.4 72.3 65.2 721.1 786.3 69.9 Detail may not calculate to total due to independent rounding.

Benefits of Not Having To Obtain Visas they were not part of the VWP. Then subtracts out those who are denied a for Travelers From New VWP Countries DHS estimates a percentage of repeat travel authorization and must apply for a visa instead. The benefits of not having to obtain a travelers who would also need to have B–1/B–2 visa, but rather obtaining a visas because their old visa would Benefits of forgoing visas are expected travel authorization, are also expire during the next 10 years. Most to range from about $2.0 billion to $2.6 quantifiable. These benefits are realized VWP visitors are eligible for 10-year B– billion (present value) from 2008 to only by travelers from new VWP 1/B–2 visas, so on average, one tenth of 2018 depending on the travel level, the countries, i.e., countries that became these visas expire every year. DHS thus value of time used, and the discount part of the VWP after publication of the assumes that 10 percent of repeat rate applied (3 or 7 percent). ESTA IFR. DHS must first determine visitors would have to reapply for visas Annualized benefits range from $180 13 how many travelers are repeat versus were it not for the rule. Finally, DHS million to $238 million. See Exhibit 10. first-time travelers in order not to 13 DHS notes that Taiwan has a 5-year validity of VWP travelers, so assuming a 10-year validity double-count benefits from not having period for B–1/B–2 visas. Travelers from Taiwan period for Taiwan does not materially affect the to obtain a visa. Prior to this rule, these make up only about 1 percent of the total number analysis. visitors would all have needed visas if

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EXHIBIT 10—TOTAL PRESENT VALUE AND ANNUALIZED BENEFITS OF FORGOING VISAS, 2008–2018

Total present value benefits Annualized benefits ($billions) ($millions) Low estimate High estimate Low estimate High estimate 3% 7% 3% 7% 3% 7% 3% 7%

2.089 2.022 2.632 2.549 189 180 238 227

Benefits of Not Having To Complete the estimated time to complete either the Benefits of not having to complete the Form I–94W and Form I–94 Form I–94W or Form I–94 is 8 minutes paper forms are expected to range from DHS can also quantify the benefits of (0.13 hours). DHS subtracts out those $739 million to $1.6 billion from 2008 not having to complete the Form I–94W travelers who are not able to obtain a to 2018 depending on the value of time (for travelers from the original VWP travel authorization through ESTA (see used and the discount rate applied (3 or countries) and paper Form I–94 (for previous section on costs) and then 7 percent). Annualized benefits range travelers from new VWP countries). apply a low and high value of time to from $66 million to $144 million. See These benefits will accrue to all the burden to estimate total savings Exhibit 11. travelers covered by ESTA. The expected as a result of this rule.

EXHIBIT 11—TOTAL PRESENT VALUE AND ANNUALIZED BENEFITS OF FORGOING THE I–94/I–94W, 2008–2018

Total present value benefits Annualized benefits ($billions) ($millions) Low estimate High estimate Low estimate High estimate 3% 7% 3% 7% 3% 7% 3% 7%

0.750 0.739 1.588 1.565 68 66 144 139

In addition to these benefits to similar to the Form I–94W. In this rule, passengers aboard the aircraft and travelers, DHS and the carriers should DHS estimated that automating vessel. also experience the benefit of not having 16,586,753 Forms I–94 in the air and sea Benefits of not having to administer to print and store the Form I–94W. In environments would save CBP $153,306 paper forms are expected to range from March, 2013, DHS published an interim and carriers $1,344,450 in 2011. To $1.9 million to $2.0 million for DHS and final rule entitled, ‘‘Definition of Form apply these cost savings to the ESTA I–94 to Include Electronic Format.’’ As Final Rule, DHS scales these costs from $16.9 million to $17.2 million for part of the regulatory analysis for this proportionally with the number of carriers from 2009 to 2018 depending on rule, DHS estimated the cost savings to Forms I–94W being eliminated each the value of time used and the discount DHS and carriers attributed to the year as part of this rule. DHS notes that rate applied (3 or 7 percent). automation of the Form I–94 in the air carriers will still have to administer the Annualized benefits are $1.7 million. and sea environments, which is very Customs Declaration forms for all See Exhibit 12.

EXHIBIT 12—FORM MANAGEMENT BENEFITS FOR DHS AND CARRIERS, 2008–2018 [in $millions]

3% Discount rate 7% Discount rate Benefits to Annualized Benefits to Annualized Benefits to DHS carriers Total benefits benefits Benefits to DHS carriers Total benefits benefits

1.957 17.168 19.125 1.7 1.928 16.908 18.836 1.7 Detail may not calculate to total due to independent rounding.

Total Benefits to Travelers period of analysis. Annualized benefits could range from $246 million to $382 Total benefits to travelers could total million. See Exhibit 13. $2.8 billion to $4.2 billion over the

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EXHIBIT 13—TOTAL PRESENT VALUE AND ANNUALIZED BENEFITS TO TRAVELERS, 2008–2018

Total present value benefits Annualized benefits ($billions) ($millions) Low estimate High estimate Low estimate High estimate 3% 7% 3% 7% 3% 7% 3% 7%

2.846 2.770 4.220 4.114 258 246 382 366

Benefits of Enhanced Security resources on unknown threats rather promotion fee. The U.S. travel and As set forth in section 711 of the 9/ than known threats (those on a watch tourism industry may benefit to the 11 Act, it was the intent of Congress to list). Since the publication of the extent that travel promotion efforts modernize and strengthen the security Interim Final Rule, DHS has added made possible by the Travel Promotion of the VWP under section 217 of the questions to ESTA to further improve Fund are successful in increasing travel Immigration and Nationality Act (INA), security. The addition of these data to the United States. Likewise, the TPA 8 U.S.C. 1187) by enhancing program elements improves the Department’s has a mandate to provide information to security requirements. ability to screen prospective VWP communicate travel requirements, This rule and the APIS 30/AQQ rule travelers while more accurately and including ESTA, to travelers. To the published on August 23, 2007 14 have effectively identifying those who pose a extent that this outreach increases the similar security objectives: To prevent a security risk to the United States. We travelers’ understanding of U.S. travel traveler who has been matched to an note that since the publication of the requirements, they will benefit. individual on a government watch list Interim Final Rule, ESTA has been The total net benefits of the rule are from boarding an aircraft or cruise ship successful in denying travel presented in Exhibit 14. Net benefits bound for the United States. As these authorizations to known or suspected range from a net loss of $158 million to benefits have already been accounted terrorists. In 2014, 817 known or a net loss of $443 million, depending on for in the regulatory assessment for the suspected terrorists were denied ESTA the value of time and discount rate APIS rule, we do not repeat them here. authorizations.15 used. We note that, though the ESTA has the additional security benefit This rule allows CBP to comply with monetized net benefits of this rule are of preventing those on a government the TPA’s mandate that the Secretary negative, the non-monetized security watch list from purchasing a ticket. This establish a fee for the use of the ESTA benefits are large enough to for this allows CBP to focus its targeting system and also establish a $10 travel rule’s benefits to exceed the costs.

EXHIBIT 14—TOTAL NET BENEFITS, 2009–2018

Total present values Annualized values ($billions) ($millions) Low estimate High estimate Low estimate High estimate 3% 7% 3% 7% 3% 7% 3% 7% discount discount discount discount discount discount discount discount rate rate rate rate rate rate rate rate

Costs ...... (3.836) (3.734) (5.481) (5.355) (347) (332) (496) (476) Benefits ...... 3.664 3.575 5.037 4.919 332 318 456 437

Net Benefit...... (0.172) (0.158) (0.443) (0.435) (16) (14) (40) (39) Detail may not calculate to total due to independent rounding. Parentheses indicate a negative value. Note that annualized values are not additive.

Annualized costs and benefits to U.S. accounting statement, as required by entities are presented in the following OMB Circular A–4.

ACCOUNTING STATEMENT: CLASSIFICATION OF EXPENDITURES TO U.S. ENTITIES, 2008–2018 [$2013]

3% discount rate 7% discount rate

Costs: Annualized monetized costs ...... $22 million ...... $24 million. Annualized quantified, but non-monetized None quantified ...... None quantified. costs. Qualitative (non-quantified) costs ...... Indirect costs to the travel and tourism indus- Indirect costs to the travel and tourism indus- try. try. Benefits:

14 FR 48320. U.S. Customs and Border Protection. Crew Member Manifests for Commercial Aircraft 15 Source: Internal tracking system maintained by Advance Electronic Transmission of Passenger and and Vessels; final rule. August 23, 2007. CBP’s Office of Field Operations.

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ACCOUNTING STATEMENT: CLASSIFICATION OF EXPENDITURES TO U.S. ENTITIES, 2008–2018—Continued [$2013]

3% discount rate 7% discount rate

Annualized monetized benefits ...... $71 million to $74 million ...... $69 million to $72 million. Annualized quantified, but non-monetized None quantified ...... None quantified. benefits. Qualitative (non-quantified) benefits...... Enhanced security and efficiency, indirect Enhanced security and efficiency, indirect benefits to the travel and tourism industry. benefits to the travel and tourism industry.

DHS estimates that the carrier costs of rule. Conversely, there are non- the name of the passenger and the this rule are approximately $22 million quantified benefits to the travel and admissibility questions on the Form I– to $24 million annualized. Quantified tourism industry if this rule results in 94W (less burdensome for the traveler) benefits of $69 million to $74 million to more visitors. Additional non-quantified • Alternative 3: The ESTA U.S. entities (carriers and DHS) are for benefits are enhanced security and requirements in the rule, but only for forgone costs associated with processing efficiency. the 10 new VWP countries (no new and transporting inadmissible travelers requirements for travelers from the and forgone form administration costs. Regulatory Alternatives original VWP countries, reduced burden There are also quantified costs and DHS considers three alternatives to benefits for travelers; however, because this rule— for new VWP travelers) these are attributable solely to foreign • Alternative 1: The ESTA For the sake of brevity, DHS presents individuals, DHS does not include them requirements in the rule, but with no the high value estimates at the 7 percent in the accounting statement. There are application fee (more costly for DHS, discount rate only. Costs are expressed non-quantified costs to the travel and less burdensome for traveler) as negative values (denoted by tourism industry if the United States • Alternative 2: The ESTA parentheses) in this presentation of receives fewer visitors as a result of this requirements in the rule, but with only impacts. See Exhibit 15.

EXHIBIT 15—COMPARISON OF 11-YEAR IMPACTS OF THE RULE AND REGULATORY ALTERNATIVES, 2008–2018, IN $BILLIONS, HIGH ESTIMATE, 7 PERCENT DISCOUNT RATE

Rule Alternative 1 Alternative 2 Alternative 3

Carrier costs ...... $(0.270) ...... $(0.270) ...... $(0.270) ...... $(0.270). ESTA time burden ...... (2.941) ...... (2.941) ...... (1.961) ...... (0.127). Visa costs ...... (0.224) ...... (0.224) ...... (0.224) ...... 0. ESTA fee ...... (1.920) ...... 0 ...... (1.920) ...... (0.187). CBP costs ...... 0 ...... (1.920) ...... 0 ...... (1.733). Inadmissibility savings ...... 0.810 ...... 0.810 ...... 0.810 ...... 0.068. Benefit of no visa ...... 2.549 ...... 2.549 ...... 2.549 ...... 2.549. Benefit of no I–94/94W ...... 1.565 ...... 1.565 ...... 1.565 ...... 0.068. Benefit of no form administration ... 0.019 ...... 0.019 ...... 0.019 ...... 0.019.

Net impact ...... $(0.412) ...... $(0.412) ...... $0.568 ...... 0.387.

Comment ...... Does not meet statutory All data elements are re- Does not meet statutory requirements. quired for effective requirements. screening. Detail may not calculate to total due to independent rounding. Parentheses indicate a negative value. Note that annualized values are not additive.

DHS has determined that this rule Small Business Regulatory Enforcement regulatory flexibility analysis was not provides the greatest level of enhanced and Fairness Act of 1996, requires an required. Nonetheless, DHS has security and efficiency at an acceptable agency to prepare a regulatory flexibility considered the impact of this rule on cost to the traveling public and analysis that describes the effect of a small entities. The individuals to whom potentially affected air and sea carriers. proposed rule on small entities when this rule applies are not small entities as Alternative 2 would provide less the agency is required to publish a that term is defined in 5 U.S.C. 601(6). security as it does not include the general notice of proposed rulemaking. C. Unfunded Mandates Reform Act of additional questions on the ESTA A small entity may be a small business 1995 application that CBP uses for targeting (defined as any independently owned purposes. Alternative 3 would provide and operated business not dominant in This rule will not result in the less security because we would only get its field that qualifies as a small expenditure by State, local, and tribal advance information from a relatively business per the Small Business Act); a governments, in the aggregate, or by the small subset of the VWP population. small not-for-profit organization; or a private sector, of $100 million or more B. Regulatory Flexibility Act small governmental jurisdiction in any one year, and it will not (locality with fewer than 50,000 people). significantly or uniquely affect small The Regulatory Flexibility Act (5 Since a general notice of proposed governments. Therefore, no actions are U.S.C. 601 et seq.), as amended by the rulemaking was not necessary, a necessary under the provisions of the

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Unfunded Mandates Reform Act of ■ 2. Section 217.5 is amended by adding 22102–5090, (703) 883–4071, TTY (703) 1995. paragraph (d)(3) and revising paragraph 883–4056. (h)(2) to read as follows: D. Executive Order 13132 SUPPLEMENTARY INFORMATION: The Farm Credit Administration issued a final rule The rule will not have substantial § 217.5 Electronic System for Travel Authorization. to reflect the change of address for two direct effects on the States, on the FCA field office locations. The Freedom * * * * * relationship between the National of Information Act, 5 U.S.C. 552, Government and the States, or on the (d) * * * (3) The Secretary, in consultation requires, in part, that each Federal distribution of power and agency publish in the Federal Register responsibilities among the various with the Secretary of State, may increase or decrease ESTA travel authorization for the guidance of the public a levels of government. Therefore, in description and the location of its accordance with section 6 of Executive validity period otherwise authorized by subparagraph (1) for a designated VWP central and field organizations. As two Order 13132, this rule does not have of FCA’s field offices recently changed sufficient federalism implications to country. Notice of any change to ESTA travel authorization validity periods locations, the final rule amended our warrant the preparation of a federalism regulation to include the new addresses, summary impact statement. will be published in the Federal Register. The ESTA Web site will be in accordance with the Freedom of E. Executive Order 12988 Civil Justice updated to reflect the specific ESTA Information Act. In accordance with 12 Reform travel authorization validity period for U.S.C. 2252, the effective date of the each VWP country. interim rule is 30 days from the date of This rule meets the applicable publication in the Federal Register standards set forth in sections 3(a) and * * * * * during which either or both Houses of 3(b)(2) of Executive Order 12988. (h) * * * Congress are in session. Based on the (2) Beginning October 1, 2020, the fee records of the sessions of Congress, the F. Paperwork Reduction Act for using ESTA is an operational fee of effective date of the regulations is May An agency may not conduct, and a $4.00 to at least ensure recovery of the 22, 2015. person is not required to respond to, a full costs of providing and collection of information unless the administering the system. (12 U.S.C. 2252(a)(9) and (10)) collection of information displays a Dated: June 3, 2015. Dated: June 1, 2015. valid control number assigned by OMB. Jeh Charles Johnson, Dale L. Aultman, OMB has already approved the Secretary. Secretary, Farm Credit Administration Board. collection of the ESTA information in [FR Doc. 2015–13880 Filed 6–5–15; 8:45 am] accordance with the Paperwork [FR Doc. 2015–13919 Filed 6–5–15; 8:45 am] BILLING CODE 6705–01–P Reduction Act of 1995 (44 U.S.C. 3507) BILLING CODE 9111–14–P under OMB Control Number 1651–0111. G. Privacy FARM CREDIT ADMINISTRATION DEPARTMENT OF TRANSPORTATION DHS published an ESTA Privacy Federal Aviation Administration Impact Assessment (PIA) for the Interim 12 CFR Part 600 Final Rule announcing ESTA on June 9, RIN 3052–AD05 14 CFR Part 39 2008. Additionally, at that time, DHS prepared a separate System of Records Organization and Functions; Field [Docket No. FAA–2014–0464; Directorate Notice (SORN) which was published in Office Locations Identifier 2014–SW–002–AD; Amendment conjunction with the ESTA IFR on June 39–18169; AD 2015–11–06] AGENCY: Farm Credit Administration. 9, 2008. DHS has updated these RIN 2120–AA64 documents since that time and the most ACTION: Notice of effective date. current ESTA PIA and SORN are SUMMARY: The Farm Credit Airworthiness Directives; Airbus available for viewing at http:// Administration (FCA, we, or our) issued Helicopters (Previously Eurocopter www.dhs.gov/privacy-documents-us- a final rule amending our regulation in France) Helicopters customs-and-border-protection. order to change the addresses for two AGENCY: Federal Aviation List of Subjects in 8 CFR Part 217 field offices as a result of recent office Administration (FAA), DOT. relocations. In accordance with the law, Air carriers, Aliens, Maritime carriers, ACTION: Final rule. the effective date of the rule is 30 days Passports and visas. from the date of publication in the SUMMARY: We are superseding Amendments to Regulations Federal Register during which either or Airworthiness Directive (AD) 2013–18– Accordingly, the interim rules both Houses of Congress are in session. 01 for Eurocopter France Model EC amending part 217 of the CBP DATES: Under the authority of 12 U.S.C. 155B, EC155B1, SA–365N, SA–365N1, regulations (8 CFR part 217), which 2252, the regulation amending 12 CFR AS–365N2, AS 365 N3, and SA–366G1 were published at 73 FR 32440 on June part 600 published on March 25, 2015 helicopters. AD 2013–18–01 required 9, 2008 and 75 FR 47701 on August 9, (80 FR 15680) is effective May 22, 2015. inspecting the collective pitch lever for 2010, are adopted as final with the FOR FURTHER INFORMATION CONTACT: correct locking and unlocking following changes: Michael T. Wilson, Policy Analyst, conditions. As published, AD 2013–18– Office of Regulatory Policy, Farm Credit 01 contained certain errors. This new PART 217—VISA WAIVER PROGRAM Administration, McLean, VA 22102– AD retains the requirements of AD 5090, (703) 883–4124, TTY (703) 883– 2013–18–01, corrects the errors, and ■ 1. The authority citation for part 217 4056; or updates the type certificate holder’s continues to read as follows: Jane Virga, Senior Counsel, Office of name. The actions in this AD are Authority: 8 U.S.C. 1103, 1187, 8 CFR part General Counsel, Farm Credit intended to detect an incorrectly 2. Administration, McLean, Virginia adjusted collective pitch lever, which

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could result in loss of control of the collective pitch lever for correct FAA’s Determination helicopter. unlocking with a spring scale, and if These helicopters have been approved required, adjusting the collective pitch DATES: This AD is effective July 13, by the aviation authority of France and lever restraining tab and, for certain 2015. are approved for operation in the United models, adjusting the collective link The Director of the Federal Register States. Pursuant to our bilateral rods. AD 2013–18–01 also required approved the incorporation by reference agreement with France, EASA, its inspecting the collective pitch lever for of certain publications listed in this AD technical representative, has notified us the risk of inadvertent locking by as of October 18, 2013 (78 FR 56599, of the unsafe condition described in the measuring the clearance between the September 13, 2013). EASA AD. We are issuing this AD locking pin of the collective pitch lever ADDRESSES: For service information because we evaluated all information and the L-section of the restraining tab, identified in this AD, contact Airbus provided by EASA and determined the and if required, modifying the tab with Helicopters, Inc., 2701 N. Forum Drive, a slight bend to the tab. As published, unsafe condition exists and is likely to Grand Prairie, Texas 75052; telephone the AD number after the amendatory exist or develop on other helicopters of (972) 641–0000 or (800) 232–0323; fax language section of AD 2013–18–01 is these same type designs and that air (972) 641–3775; or at http:// incorrect. The AD number was safety and the public interest require www.airbushelicopters.com/techpub. published as ‘‘2013–18–11.’’ The MOD adopting the AD requirements as You may view this referenced service number in paragraph (a), Applicability, proposed. information at the FAA, Office of the of the AD is also incorrect. The correct Regional Counsel, Southwest Region, Related Service Information Under 1 MOD number is 0767B65. Also, since CFR Part 51 2601 Meacham Blvd., Room 663, Fort we issued AD 2013–18–01, the type Worth, Texas 76137. It is also available certificate holder’s name for the affected We reviewed Eurocopter (now Airbus on the Internet at http:// models changed from Eurocopter France Helicopters) Alert Service Bulletin www.regulations.gov in Docket No. to Airbus Helicopters. (ASB) No. 67.00.10 for Model AS365 FAA–2014–0464. AD 2013–18–01 was prompted by AD helicopters, ASB No. 67.05 for Model SA366 helicopters, and ASB No. Examining the AD Docket No. 2011–0154, dated August 22, 2011, issued by EASA, which is the Technical 67A007 for Model EC155 helicopters. You may examine the AD docket on Agent for the Member States of the All three ASBs are Revision 1 and are the Internet at http:// European Union, to correct an unsafe dated February 25, 2009. These ASBs www.regulations.gov by searching for condition for Eurocopter Model EC describe procedures for inspecting and and locating Docket No. FAA–2014– 155B, EC155B1, SA–365N, SA–365N1, adjusting the collective pitch lever for 0464; or in person at the Docket AS–365N2, AS 365 N3, and SA–366G1 correct locking and unlocking Management Facility between 9 a.m. helicopters. EASA advises of two conditions. This service information is and 5 p.m., Monday through Friday, occurrences of inadvertent locking and reasonably available because the except Federal holidays. The AD docket unlocking of the collective pitch lever. interested parties have access to it contains this AD, the European Aviation One inadvertent collective pitch lever through their normal course of business Safety Agency (EASA) AD, any locking occurred when moving the or by the means identified in the incorporated-by-reference information, collective pitch lever to the low-pitch ADDRESSES section of this AD. the economic evaluation, any comments position, and one inadvertent collective Other Related Service Information received, and other information. The pitch lever unlocking occurred during address for the Docket Office (phone: engine start. To address this unsafe Eurocopter also issued ASB No. 800–647–5527) is Document condition, EASA AD No. 2011–0154 67.00.12, Revision 0, dated February 25, Management Facility, U.S. Department requires inspecting the collective pitch 2009, for Model AS365 helicopters; ASB of Transportation, Docket Operations, lever for correct locking and unlocking No. 67.07, Revision 0, dated February M–30, West Building Ground Floor, conditions, except for those helicopters 25, 2009, for Model AS366 helicopters; Room W12–140, 1200 New Jersey with a hinged, spring-loaded collective and ASB No. 67–009, Revision 1, dated Avenue SE., Washington, DC 20590. lever locking blade installed, designated July 19, 2010, for Model EC 155 FOR FURTHER INFORMATION CONTACT: Matt as MOD 0767B65. helicopters. These ASBs contain the Wilbanks, Aviation Safety Engineer, The NPRM published in the Federal procedures for MOD 0767B65. Regulations and Policy Group, Register on July 16, 2014 (79 FR 41466). Costs of Compliance Rotorcraft Directorate, FAA, 2601 The NPRM proposed to continue to Meacham Blvd., Fort Worth, Texas require all of the inspection and We estimate that this AD will affect 76137; telephone (817) 222–5110; email adjustment requirements of AD 2013– 32 helicopters of U.S. Registry. We [email protected]. 18–01. The NPRM also proposed to estimate that operators may incur the SUPPLEMENTARY INFORMATION: correct the MOD number in paragraph following costs in order to comply with (a) and reflect the current type this AD. Inspecting and adjusting the Discussion certificate holder’s name and contact collective pitch lever requires about 1 We issued a notice of proposed information. Removing AD 2013–18–01 work-hour at an average labor rate of rulemaking (NPRM) to amend 14 CFR and issuing a new AD would also $85 per work-hour, for a total cost per part 39 to remove AD 2013–18–01, remove the incorrect AD number after helicopter of $85 and a cost to U.S. Amendment 39–17574 (78 FR 56599, the amendatory language. The NPRM operators of $2,720. September, 13, 2013) and add a new proposed no other changes to other Authority for This Rulemaking AD. AD 2013–18–01 applied to parts of the regulatory information. Eurocopter France Model EC 155B, Title 49 of the United States Code EC155B1, SA–365N, SA–365N1, AS– Comments specifies the FAA’s authority to issue 365N2, AS 365 N3, and SA–366G1 We gave the public the opportunity to rules on aviation safety. Subtitle I, helicopters, except helicopters with participate in developing this AD, but Section 106, describes the authority of modification (MOD) 0767B5 installed. we did not receive any comments on the the FAA Administrator. Subtitle VII, AD 2013–18–01 required inspecting the NPRM (79 FR 41466, July 16, 2014). Aviation Programs, describes in more

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detail the scope of the Agency’s 2015–11–06 Airbus Helicopters (Previously than 14 daN (31.5 lbs), before further flight, authority. Eurocopter France): Amendment 39– adjust the collective pitch lever restraining We are issuing this rulemaking under 18169; Docket No. FAA–2014–0464; tab (F) using the oblong holes and adjust the Directorate Identifier 2014–SW–002–AD. the authority described in Subtitle VII, collective link rods as described in the (a) Applicability Accomplishment Instructions, paragraph Part A, Subpart III, Section 44701, 2.B.4., of ASB 67.00.10. ‘‘General requirements.’’ Under that This AD applies to Model EC 155B, (iii) Set the collective pitch lever to the section, Congress charges the FAA with EC155B1, SA–365N, SA–365N1, AS–365N2, ‘‘low pitch’’ position and hold it in this promoting safe flight of civil aircraft in AS 365 N3, and SA–366G1 helicopters, position, without forcing it downwards. air commerce by prescribing regulations except helicopters with modification (MOD) (iv) Tighten the friction lock and measure for practices, methods, and procedures 0767B65 installed, certificated in any the clearance (J1) between the locking pin of the Administrator finds necessary for category. the collective pitch lever (C) and the L- safety in air commerce. This regulation (b) Unsafe Condition section of the restraining tab (F) as depicted is within the scope of that authority This AD defines the unsafe condition as in Figure 1, Detail A of ASB 67.00.10. because it addresses an unsafe condition inadvertent locking and unlocking of the (v) If the clearance between the locking pin that is likely to exist or develop on collective pitch lever, which could result in of the collective pitch lever and the L-section subsequent loss of control of the helicopter. of the restraining tab is less than 3 mm, products identified in this rulemaking before further flight, remove the restraining action. (c) Affected ADs tab, clamp the restraining tab (F) in a vice Regulatory Findings This AD supersedes AD 2013–18–01, with soft jaws, and gradually apply a load (H) Amendment 39–17574 (78 FR 56599, to ensure a clearance of 3 mm or more, as We have determined that this AD will September 13, 2013). depicted in Figure 1, Detail K, of ASB not have federalism implications under 67.00.10. Executive Order 13132. This AD will (d) Effective Date (3) For Model SA–366G1 helicopters: not have a substantial direct effect on This AD becomes effective July 13, 2015. (i) Completely loosen the friction, lock the collective pitch lever, and using a spring the States, on the relationship between (e) Compliance the national government and the States, scale, measure the load (G) required to You are responsible for performing each unlock the pilot’s collective pitch lever as or on the distribution of power and action required by this AD within the depicted in Figure 1, Detail B of Eurocopter responsibilities among the various specified compliance time unless it has ASB No. 67.05, Revision 1, dated February levels of government. already been accomplished prior to that time. 25, 2009 (ASB 67.05). For the reasons discussed above, I (f) Required Actions (ii) If the collective pitch lever unlocks at certify that this AD: a load less than 5 daN (11.3 lbs) or greater Within 50 hours time-in-service: (1) Is not a ‘‘significant regulatory than 14 daN (31.5 lbs), before further flight, (1) For Model EC 155B and EC155B1 adjust the collective pitch lever restraining action’’ under Executive Order 12866, helicopters: tab (F) using the oblong holes and adjust the (2) Is not a ‘‘significant rule’’ under (i) Lock the collective pitch lever, and collective link rods as described in the using a spring scale, measure the load (G) DOT Regulatory Policies and Procedures Accomplishment Instructions, paragraph required to unlock the pilot’s collective pitch (44 FR 11034, February 26, 1979), 2.B.4., of ASB 67.05. lever as depicted in Figure 1, Detail B of (3) Will not affect intrastate aviation (iii) Set the collective pitch lever to the in Alaska to the extent that it justifies Eurocopter Alert Service Bulletin (ASB) No. 67A007, Revision 1, dated February 25, 2009 ‘‘low pitch’’ position and hold it in this making a regulatory distinction, and (ASB 67A007). position, without forcing it downwards. (4) Will not have a significant (ii) If the collective pitch lever unlocks at (iv) Tighten the friction lock and measure economic impact, positive or negative, a load less than 11 deca Newtons (daN) (24.7 the clearance (J1) between the locking pin of on a substantial number of small entities lbs) or greater than 14 daN (31.5 lbs), before the collective pitch lever (C) and the L- under the criteria of the Regulatory further flight, adjust the collective pitch lever section of the restraining tab (F) as depicted in Figure 1, Detail A, of ASB 67.05. Flexibility Act. restraining tab (F) using the oblong holes. (iii) Set the collective pitch lever to the (v) If the clearance between the locking pin List of Subjects in 14 CFR Part 39 ‘‘low pitch’’ position and hold it in this of the collective pitch lever and the L-section position, without forcing it downwards. of the restraining tab is less than 3 mm, Air transportation, Aircraft, Aviation (iv) Measure the clearance (J1) between the before further flight, remove the restraining safety, Incorporation by reference, locking pin of the collective pitch lever (C) tab, clamp the restraining tab (F) in a vice Safety. and the L-section of the restraining tab (F) as with soft jaws, and gradually apply a load (H) to ensure a clearance of 3 mm or more, as Adoption of the Amendment depicted in Figure 1, Detail A of ASB 67A007. depicted in Figure 1, Detail K, of ASB 67.05. (v) If the clearance between the locking pin Accordingly, under the authority (g) Alternative Methods of Compliance of the collective pitch lever and the L-section delegated to me by the Administrator, (AMOCs) of the restraining tab is less than 3 the FAA amends 14 CFR part 39 as (1) The Manager, Safety Management follows: millimeters (mm), before further flight, remove the restraining tab, clamp the Group, FAA, may approve AMOCs for this AD. Send your proposal to: Matt Wilbanks, PART 39—AIRWORTHINESS restraining tab (F) in a vice with soft jaws, and gradually apply a load (H) to ensure a Aviation Safety Engineer, Regulations and DIRECTIVES clearance of 3 mm or more, as depicted in Policy Group, Rotorcraft Directorate, FAA, Figure 1, Detail K of ASB 67A007. 2601 Meacham Blvd., Fort Worth, Texas ■ 1. The authority citation for part 39 (2) For Model SA–365N, SA–365N1, AS– 76137; telephone (817) 222–5110; email continues to read as follows: 365N2, and AS 365 N3 helicopters: [email protected]. Authority: 49 U.S.C. 106(g), 40113, 44701. (i) Completely loosen the friction, lock the (2) For operations conducted under a 14 collective pitch lever, and using a spring CFR part 119 operating certificate or under § 39.13 [Amended] scale, measure the load (G) required to 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or ■ unlock the pilot’s collective pitch lever as 2. The FAA amends § 39.13 by depicted in Figure 1, Detail B of Eurocopter lacking a principal inspector, the manager of removing Airworthiness Directive (AD) ASB No. 67.00.10, Revision 1, dated February the local flight standards district office or 2013–18–01, Amendment 39–17574 (78 25, 2009 (ASB 67.00.10). certificate holding district office, before FR 56599, September 13, 2013), and (ii) If the collective pitch lever unlocks at operating any aircraft complying with this adding the following new AD: a load less than 5 daN (11.3 lbs) or greater AD through an AMOC.

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(h) Additional Information Issued in Fort Worth, Texas, on May 26, MacArthur Blvd., Oklahoma City, OK (1) Eurocopter Alert Service Bulletin (ASB) 2015. 73169 or, No. 67.00.12, Revision 0, dated February 25, Lance T. Gant, 4. The National Archives and Records 2009; ASB No. 67.07, Revision 0, dated Acting Directorate Manager, Rotorcraft Administration (NARA). For February 25, 2009; and ASB No. 67–009, Directorate, Aircraft Certification Service. information on the availability of this Revision 1, dated July 19, 2010, which are [FR Doc. 2015–13355 Filed 6–5–15; 8:45 am] material at NARA, call 202–741–6030, not incorporated by reference, contain BILLING CODE 4910–13–P or go to: http://www.archives.gov/ additional information about this AD. For federal_register/code_of_federal_ service information identified in this AD, regulations/ibr_locations.html. DEPARTMENT OF TRANSPORTATION contact Airbus Helicopters, Inc., 2701 N. Availability Forum Drive, Grand Prairie, Texas 75052; telephone (972) 641–0000 or (800) 232–0323; Federal Aviation Administration All SIAPs and Takeoff Minimums and fax (972) 641–3775; or at http:// ODPs are available online free of charge. www.airbushelicopters.com/techpub. You 14 CFR Part 97 Visit the National Flight Data Center at may review a copy of the service information nfdc.faa.gov to register. Additionally, [Docket No. 31019; Amdt. No. 3645] at the FAA, Office of the Regional Counsel, individual SIAP and Takeoff Minimums Southwest Region, 2601 Meacham Blvd., Standard Instrument Approach and ODP copies may be obtained from Room 663, Fort Worth, Texas 76137. Procedures, and Takeoff Minimums the FAA Air Traffic Organization (2) The subject of this AD is addressed in and Obstacle Departure Procedures; Service Area in which the affected European Aviation Safety Agency (EASA) AD Miscellaneous Amendments airport is located. No. 2011–0154, dated August 22, 2011. You FOR FURTHER INFORMATION CONTACT: may view the EASA AD on the Internet at AGENCY: Federal Aviation Richard A. Dunham III, Flight Procedure http://www.regulations.gov in Docket No. Administration (FAA), DOT. Standards Branch (AFS–420), Flight FAA–2014–0464. ACTION: Final rule. Technologies and Programs Divisions, (i) Subject Flight Standards Service, Federal SUMMARY: This rule establishes, amends, Aviation Administration, Mike Joint Aircraft Service Component (JASC) suspends, or removes Standard Monroney Aeronautical Center, 6500 Code: 6710, Main Rotor Control. Instrument Approach Procedures South MacArthur Blvd., Oklahoma City, (j) Material Incorporated by Reference (SIAPs) and associated Takeoff OK 73169 (Mail Address: P.O. Box Minimums and Obstacle Departure 25082, Oklahoma City, OK 73125) (1) The Director of the Federal Register Procedures (ODPs) for operations at approved the incorporation by reference Telephone: (405) 954–4164. certain airports. These regulatory (IBR) of the service information listed in this SUPPLEMENTARY INFORMATION: This rule actions are needed because of the paragraph under 5 U.S.C. 552(a) and 1 CFR amends Title 14 of the Code of Federal adoption of new or revised criteria, or part 51. Regulations, Part 97 (14 CFR part 97), by because of changes occurring in the (2) You must use this service information establishing, amending, suspending, or National Airspace System, such as the as applicable to do the actions required by removes SIAPS, Takeoff Minimums commissioning of new navigational this AD, unless the AD specifies otherwise. and/or ODPS. The complete regulatory facilities, adding new obstacles, or (3) The following service information was description of each SIAP and its changing air traffic requirements. These approved for IBR on October 18, 2013, (78 FR associated Takeoff Minimums or ODP changes are designed to provide safe 56599, September 13, 2013). for an identified airport is listed on FAA and efficient use of the navigable (i) Eurocopter Alert Service Bulletin No. form documents which are incorporated airspace and to promote safe flight 67.00.10, Revision 1, dated February 25, by reference in this amendment under 5 operations under instrument flight rules 2009. U.S.C. 552(a), 1 CFR part 51, and 14 at the affected airports. (ii) Eurocopter Alert Service Bulletin No. CFR part 97.20. The applicable FAA 67.05, Revision 1, dated February 25, 2009. DATES: This rule is effective June 8, forms are FAA Forms 8260–3, 8260–4, (iii) Eurocopter Alert Service Bulletin No. 2015. The compliance date for each 8260–5, 8260–15A, and 8260–15B when 67A007, Revision 1, dated February 25, 2009. SIAP, associated Takeoff Minimums, required by an entry on 8260–15A. (4) For Eurocopter service information and ODP is specified in the amendatory The large number of SIAPs, Takeoff identified in this AD, contact Airbus provisions. Minimums and ODPs, their complex Helicopters, Inc., 2701 N. Forum Drive, The incorporation by reference of nature, and the need for a special format Grand Prairie, Texas 75052; telephone (972) certain publications listed in the make publication in the Federal 641–0000 or (800) 232–0323; fax (972) 641– regulations is approved by the Director Register expensive and impractical. 3775; or at http:// of the Federal Register as of June 8, Further, airmen do not use the www.airbushelicopters.com/techpub. 2015. regulatory text of the SIAPs, Takeoff (5) You may view this service information ADDRESSES: Minimums or ODPs, but instead refer to at FAA, Office of the Regional Counsel, Availability of matters their graphic depiction on charts Southwest Region, 2601 Meacham Blvd., incorporated by reference in the printed by publishers of aeronautical Room 663, Fort Worth, Texas 76137. For amendment is as follows: materials. Thus, the advantages of information on the availability of this For Examination incorporation by reference are realized material at the FAA, call (817) 222–5110. (6) You may view this service information 1. U.S. Department of Transportation, and publication of the complete that is incorporated by reference at the Docket Ops-M30, 1200 New Jersey description of each SIAP, Takeoff National Archives and Records Avenue SE., West Bldg., Ground Floor, Minimums and ODP listed on FAA form Administration (NARA). For information on Washington, DC, 20590–0001. documents is unnecessary. This the availability of this material at NARA, call 2. The FAA Air Traffic Organization amendment provides the affected CFR (202) 741–6030, or go to: http:// Service Area in which the affected sections and specifies the types of www.archives.gov/federal-register/cfr/ibr- airport is located; SIAPs, Takeoff Minimums and ODPs locations.html. 3. The office of Aeronautical with their applicable effective dates. Navigation Products, 6500 South This amendment also identifies the

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airport and its location, the procedure, amendment will not have a significant Camdenton, MO, Camdenton Memorial-Lake and the amendment number. economic impact on a substantial Rgnl, Takeoff Minimums and Obstacle DP, number of small entities under the Amdt 2A Availability and Summary of Material criteria of the Regulatory Flexibility Act. Jacksonville, NC, Albert J Ellis, ILS OR LOC Incorporated by Reference Rwy 5, Amdt 9B The material incorporated by List of Subjects in 14 CFR Part 97 Manchester, NH, Manchester, RNAV (GPS) Y reference is publicly available as listed Air traffic control, Airports, Rwy 35, Amdt 1A in the ADDRESSES section. Incorporation by reference, Navigation Portland, OR, Portland Intl, ILS OR LOC Rwy The material incorporated by (air). 28L, Amdt 4 reference describes SIAPS, Takeoff Portland, OR, Portland Intl, ILS OR LOC Rwy Issued in Washington, DC, on May 22, Minimums and/or ODPS as identified in 2015. 28R, Amdt 16 the amendatory language for part 97 of Portland, OR, Portland Intl, RNAV (GPS) X John Duncan, this final rule. Rwy 28L, Amdt 3 Director, Flight Standards Service. Portland, OR, Portland Intl, RNAV (GPS) X The Rule Adoption of the Amendment Rwy 28R, Amdt 3 This amendment to 14 CFR part 97 is Marion, SC, Marion County, RNAV (GPS) Accordingly, pursuant to the effective upon publication of each Rwy 22, Orig-A authority delegated to me, Title 14, separate SIAP, Takeoff Minimums and Knoxville, TN, Mc Ghee Tyson, ILS OR LOC Code of Federal Regulations, Part 97 (14 ODP as Amended in the transmittal. Rwy 5L, Amdt 9 Some SIAP and Takeoff Minimums and CFR part 97) is amended by Knoxville, TN, Mc Ghee Tyson, ILS OR LOC textual ODP amendments may have establishing, amending, suspending, or Rwy 23L, Orig been issued previously by the FAA in a removing Standard Instrument Knoxville, TN, Mc Ghee Tyson, ILS OR LOC Flight Data Center (FDC) Notice to Approach Procedures and/or Takeoff Rwy 23R, ILS Rwy 23R (SA CAT I), ILS Airmen (NOTAM) as an emergency Minimums and Obstacle Departure Rwy 23R (CAT II), Amdt 13 action of immediate flight safety relating Procedures effective at 0901 UTC on the Knoxville, TN, Mc Ghee Tyson, RNAV (GPS) directly to published aeronautical dates specified, as follows: Rwy 5L, Amdt 2 Knoxville, TN, Mc Ghee Tyson, RNAV (GPS) charts. PART 97—STANDARD INSTRUMENT The circumstances that created the Rwy 5R, Amdt 2 APPROACH PROCEDURES need for some SIAP and Takeoff Knoxville, TN, Mc Ghee Tyson, RNAV (GPS) Minimums and ODP amendments may ■ 1. The authority citation for part 97 Rwy 23L, Amdt 2 require making them effective in less continues to read as follows: Knoxville, TN, Mc Ghee Tyson, RNAV (GPS) than 30 days. For the remaining SIAPs Rwy 23R, Amdt 2 and Takeoff Minimums and ODPs, an Authority: 49 U.S.C. 106(g), 40103, 40106, Knoxville, TN, Mc Ghee Tyson, Takeoff 40113, 40114, 40120, 44502, 44514, 44701, Minimums and Obstacle DP, Amdt 7 effective date at least 30 days after 44719, 44721–44722. Pulaski, TN, Abernathy Field, RNAV (GPS) publication is provided. ■ Further, the SIAPs and Takeoff 2. Part 97 is amended to read as Rwy 16, Amdt 2B follows: Minimums and ODPs contained in this * * * Effective 23 JULY 2015 amendment are based on the criteria * * * Effective 25 JUNE 2015 Walnut Ridge, AR, Walnut Ridge Rgnl, VOR/ contained in the U.S. Standard for Oneonta, AL, Robbins Field, RNAV (GPS) DME Rwy 22, Amdt 13B, CANCELED Terminal Instrument Procedures Rwy 5, Orig-A (TERPS). In developing these SIAPs and Little Rock, AR, Bill and Hillary Clinton RESCINDED: On May 21, 2015 (80 FR Takeoff Minimums and ODPs, the National/Adams Field, ILS OR LOC Rwy 29209), the FAA published an Amendment TERPS criteria were applied to the 22R, ILS Rwy 22R (CAT II), ILS Rwy 22R in Docket No. 31017, Amdt No. 3643, to conditions existing or anticipated at the (CAT III), Amdt 2E Part 97 of the Federal Aviation Regulations affected airports. Because of the close Fort Lauderdale, FL, Fort Lauderdale under section 97.23, and 97.33. The Executive, Takeoff Minimums and and immediate relationship between following entries for Millersburg, OH, Obstacle DP, Amdt 5 effective June 25, 2015 are hereby these SIAPs, Takeoff Minimums and Tallahassee, FL, Tallahassee Intl, ILS OR rescinded in their entirety: ODPs, and safety in air commerce, I find LOC Rwy 27, ILS Rwy 27 (CAT II), Amdt Millersburg, OH, Holmes County, GPS Rwy that notice and public procedure under 10 5 U.S.C. 553(b) are impracticable and Tallahassee, FL, Tallahassee Intl, RNAV 27, Orig, CANCELED contrary to the public interest and, (GPS) Rwy 9, Amdt 2 Millersburg, OH, Holmes County, RNAV where applicable, under 5 U.S.C 553(d), Tallahassee, FL, Tallahassee Intl, RNAV (GPS) Rwy 9, Orig good cause exists for making some (GPS) Rwy 27, Amdt 2 Millersburg, OH, Holmes County, RNAV SIAPs effective in less than 30 days. Eastman, GA, Heart of Georgia Rgnl, ILS OR (GPS) Rwy 27, Orig The FAA has determined that this LOC Rwy 2, Amdt 2A Millersburg, OH, Holmes County, Takeoff Eastman, GA, Heart of Georgia Rgnl, RNAV Minimums and Obstacle DP, Amdt 2 regulation only involves an established (GPS) Rwy 2, Amdt 2A body of technical regulations for which Millersburg, OH, Holmes County, VOR–A, Homerville, GA, Homerville, Takeoff Amdt 7 frequent and routine amendments are Minimums and Obstacle DP, Amdt 1 necessary to keep them operationally Guam, GU, Guam Intl, ILS OR LOC Rwy 6L, [FR Doc. 2015–13820 Filed 6–5–15; 8:45 am] current. It, therefore—(1) is not a Amdt 4 BILLING CODE 4910–13–P ‘‘significant regulatory action’’ under Guam, GU, Guam Intl, NDB/DME Rwy 24R, Executive Order 12866; (2) is not a Amdt 1 ‘‘significant rule’’ under DOT Guam, GU, Guam Intl, RNAV (GPS) Y Rwy Regulatory Policies and Procedures (44 24R, Amdt 2 Guam, GU, Guam Intl, RNAV (RNP) Z Rwy FR 11034; February 26, 1979); and (3) 24R, Amdt 1 does not warrant preparation of a Guam, GU, Guam Intl, Takeoff Minimums regulatory evaluation as the anticipated and Obstacle DP, Amdt 1 impact is so minimal. For the same Guam, GU, Guam Intl, VOR/DME OR TACAN reason, the FAA certifies that this Rwy 24R, Amdt 1

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DEPARTMENT OF TRANSPORTATION Availability separate SIAP and Takeoff Minimums All SIAPs and Takeoff Minimums and and ODP as amended in the transmittal. Federal Aviation Administration ODPs are available online free of charge. For safety and timeliness of change Visit the National Flight Data Center considerations, this amendment 14 CFR Part 97 online at nfdc.faa.gov to register. incorporates only specific changes Additionally, individual SIAP and contained for each SIAP and Takeoff [Docket No. 31020; Amdt. No. 3646] Takeoff Minimums and ODP copies may Minimums and ODP as modified by be obtained from the FAA Air Traffic FDC permanent NOTAMs. Standard Instrument Approach Organization Service Area in which the The SIAPs and Takeoff Minimums Procedures, and Takeoff Minimums affected airport is located. and Obstacle Departure Procedures; and ODPs, as modified by FDC FOR FURTHER INFORMATION CONTACT: Miscellaneous Amendments permanent NOTAM, and contained in Richard A. Dunham III, Flight Procedure this amendment are based on the AGENCY: Federal Aviation Standards Branch (AFS–420) Flight criteria contained in the U.S. Standard Administration (FAA), DOT. Technologies and Procedures Division, for Terminal Instrument Procedures ACTION: Final rule. Flight Standards Service, Federal (TERPS). In developing these changes to Aviation Administration, Mike SIAPs and Takeoff Minimums and Monroney Aeronautical Center, 6500 SUMMARY: This rule amends, suspends, ODPs, the TERPS criteria were applied South MacArthur Blvd., Oklahoma City, or removes Standard Instrument only to specific conditions existing at OK. 73169 (Mail Address: P.O. Box Approach Procedures (SIAPs) and the affected airports. All SIAP associated Takeoff Minimums and 25082 Oklahoma City, OK 73125) amendments in this rule have been Obstacle Departure Procedures for telephone: (405) 954–4164. previously issued by the FAA in a FDC operations at certain airports. These SUPPLEMENTARY INFORMATION: This rule NOTAM as an emergency action of regulatory actions are needed because of amends Title 14, Code of Federal the adoption of new or revised criteria, Regulations, Part 97 (14 CFR part 97) by immediate flight safety relating directly or because of changes occurring in the amending the referenced SIAPs. The to published aeronautical charts. National Airspace System, such as the complete regulatory description of each The circumstances that created the commissioning of new navigational SIAP is listed on the appropriate FAA need for these SIAP and Takeoff facilities, adding new obstacles, or Form 8260, as modified by the National Minimums and ODP amendments changing air traffic requirements. These Flight Data Center (NFDC)/Permanent require making them effective in less changes are designed to provide for the Notice to Airmen (P–NOTAM), and is than 30 days. safe and efficient use of the navigable incorporated by reference under 5 Because of the close and immediate airspace and to promote safe flight U.S.C. 552(a), 1 CFR part 51, and 14 relationship between these SIAPs, operations under instrument flight rules CFR 97.20. The large number of SIAPs, Takeoff Minimums and ODPs, and at the affected airports. their complex nature, and the need for safety in air commerce, I find that notice DATES: This rule is effective June 8, a special format make their verbatim publication in the Federal Register and public procedure under 5 U.S.C. 2015. The compliance date for each 553(b) are impracticable and contrary to SIAP, associated Takeoff Minimums, expensive and impractical. Further, the public interest and, where and ODP is specified in the amendatory airmen do not use the regulatory text of applicable, under 5 U.S.C. 553(d), good provisions. the SIAPs, but refer to their graphic cause exists for making these SIAPs The incorporation by reference of depiction on charts printed by certain publications listed in the publishers of aeronautical materials. effective in less than 30 days. regulations is approved by the Director Thus, the advantages of incorporation The FAA has determined that this of the Federal Register as of June 8, by reference are realized and regulation only involves an established 2015. publication of the complete description body of technical regulations for which of each SIAP contained on FAA form ADDRESSES: Availability of matter frequent and routine amendments are documents is unnecessary. This necessary to keep them operationally incorporated by reference in the amendment provides the affected CFR amendment is as follows: current. It, therefore—(1) is not a sections, and specifies the SIAPs and ‘‘significant regulatory action’’ under For Examination Takeoff Minimums and ODPs with their Executive Order 12866; (2) is not a applicable effective dates. This ‘‘significant rule’’ under DOT regulatory 1. U.S. Department of Transportation, amendment also identifies the airport Policies and Procedures (44 FR 11034; Docket Ops-M30, 1200 New Jersey and its location, the procedure and the February 26, 1979); and (3) does not Avenue SE., West Bldg., Ground Floor, amendment number. Washington, DC, 20590–0001; warrant preparation of a regulatory 2. The FAA Air Traffic Organization Availability and Summary of Material evaluation as the anticipated impact is Service Area in which the affected Incorporated by Reference so minimal. For the same reason, the airport is located; The material incorporated by FAA certifies that this amendment will 3. The office of Aeronautical reference is publicly available as listed not have a significant economic impact Navigation Products, 6500 South in the ADDRESSES section. on a substantial number of small entities MacArthur Blvd., Oklahoma City, OK The material incorporated by under the criteria of the Regulatory 73169 or, reference describes SIAPs, Takeoff Flexibility Act. 4. The National Archives and Records Minimums and ODPs as identified in Administration (NARA). For the amendatory language for part 97 of List of Subjects in 14 CFR Part 97 information on the availability of this this final rule. Air traffic control, Airports, material at NARA, call 202–741–6030, or go to: http://www.archives.gov/ The Rule Incorporation by reference, Navigation federal_register/code_of_federal_ This amendment to 14 CFR part 97 is (air). regulations/ibr_locations.html. effective upon publication of each

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Issued in Washington, DC, on May 22, ODPs, effective at 0901 UTC on the ■ 2. Part 97 is amended to read as 2015. dates specified, as follows: follows: John Duncan, By amending: § 97.23 VOR, VOR/ Director, Flight Standards Service. PART 97—STANDARD INSTRUMENT DME, VOR or TACAN, and VOR/DME APPROACH PROCEDURES or TACAN; § 97.25 LOC, LOC/DME, Adoption of the Amendment LDA, LDA/DME, SDF, SDF/DME; Accordingly, pursuant to the ■ 1. The authority citation for part 97 § 97.27 NDB, NDB/DME; § 97.29 ILS, authority delegated to me, Title 14, continues to read as follows: ILS/DME, MLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV Code of Federal Regulations, Part 97, (14 Authority: 49 U.S.C. 106(g), 40103, 40106, SIAPs; and § 97.35 COPTER SIAPs, CFR part 97), is amended by amending 40113, 40114, 40120, 44502, 44514, 44701, Identified as follows: Standard Instrument Approach 44719, 44721–44722. Procedures and Takeoff Minimums and * * * Effective Upon Publication

AIRAC date State City Airport FDC No. FDC date Subject

25–Jun–15 ...... MS Starkville ...... George M Bryan ...... 5/7853 4/30/15 This NOTAM, published in TL 15– 13, is hereby rescinded in its en- tirety. 25–Jun–15 ...... MS Starkville ...... George M Bryan ...... 5/7854 4/30/15 This NOTAM, published in TL 15– 13, is hereby rescinded in its en- tirety. 25–Jun–15 ...... MS Starkville ...... George M Bryan ...... 5/7855 04/30/15 This NOTAM, published in TL 15– 13, is hereby rescinded in its en- tirety. 25–Jun–15 ...... MN Montevideo ...... Montevideo-Chip- 5/0229 05/13/15 RNAV (GPS) Rwy 32, Orig. pewa County. 25–Jun–15 ...... MN Montevideo ...... Montevideo-Chip- 5/0253 05/13/15 VOR Rwy 14, Amdt 5. pewa County. 25–Jun–15 ...... MN Montevideo ...... Montevideo-Chip- 5/0262 05/13/15 RNAV (GPS) Rwy 14, Orig. pewa County. 25–Jun–15 ...... VA Lynchburg ...... Lynchburg Rgnl/Pres- 5/1103 05/05/15 RNAV (GPS) Rwy 35, Orig. ton Glenn Fld. 25–Jun–15 ...... VA Lynchburg ...... Lynchburg Rgnl/Pres- 5/1106 05/05/15 RNAV (GPS) Rwy 17, Orig. ton Glenn Fld. 25–Jun–15 ...... VA West Point ...... Middle Peninsula 5/1109 05/05/15 RNAV (GPS) Rwy 28, Orig-B. Rgnl. 25–Jun–15 ...... TN Union City ...... Everett-Stewart Rgnl 5/1331 05/05/15 RNAV (GPS) Rwy 19, Amdt 1. 25–Jun–15 ...... VA Jonesville ...... Lee County ...... 5/1333 05/05/15 RNAV (GPS) Rwy 7, Amdt 1. 25–Jun–15 ...... AL Gadsden ...... Northeast Alabama 5/1704 05/08/15 ILS OR LOC/DME Rwy 24, Orig. Rgnl. 25–Jun–15 ...... AL Gadsden ...... Northeast Alabama 5/1705 05/08/15 RNAV (GPS) Rwy 24, Amdt 1. Rgnl. 25–Jun–15 ...... AL Gadsden ...... Northeast Alabama 5/1706 05/08/15 RNAV (GPS) Rwy 18, Amdt 1. Rgnl. 25–Jun–15 ...... AL Gadsden ...... Northeast Alabama 5/1707 05/08/15 RNAV (GPS) Rwy 36, Amdt 1. Rgnl. 25–Jun–15 ...... CO Denver ...... Rocky Mountain Met- 5/2288 05/19/15 VOR/DME Rwy 30 L/R, Amdt 1. ropolitan. 25–Jun–15 ...... GA Thomson ...... Thomson-McDuffie 5/2300 05/05/15 NDB Rwy 10, Amdt 1. County. 25–Jun–15 ...... GA Thomson ...... Thomson-McDuffie 5/2301 05/05/15 RNAV (GPS) Rwy 10, Orig. County. 25–Jun–15 ...... TN Bristol/Johnson/ Tri-Cities Rgnl TN/VA 5/2545 05/05/15 RNAV (GPS) Rwy 23, Amdt 1. Kingsport. 25–Jun–15 ...... TN Bristol/Johnson/ Tri-Cities Rgnl TN/VA 5/2547 05/05/15 RNAV (GPS) Rwy 5, Amdt 1. Kingsport. 25–Jun–15 ...... TN Bristol/Johnson/ Tri-Cities Rgnl TN/VA 5/2550 05/05/15 ILS OR LOC Rwy 5, Amdt 3. Kingsport. 25–Jun–15 ...... PA Philipsburg ...... Mid-State ...... 5/2821 05/05/15 RNAV (GPS) Rwy 16, Orig-A. 25–Jun–15 ...... PA Philipsburg ...... Mid-State ...... 5/2822 05/05/15 VOR Rwy 24, Amdt 16A. 25–Jun–15 ...... NY New York ...... La Guardia ...... 5/2834 05/06/15 RNAV (GPS) Y Rwy 4, Amdt 3. 25–Jun–15 ...... KY Ashland ...... Ashland Rgnl ...... 5/2843 05/14/15 VOR Rwy 10, Amdt 11A. 25–Jun–15 ...... RI Newport ...... Newport State ...... 5/2874 05/05/15 RNAV (GPS) Rwy 16, Orig. 25–Jun–15 ...... RI Newport ...... Newport State ...... 5/2875 05/05/15 VOR/DME Rwy 16, Amdt 1. 25–Jun–15 ...... RI Newport ...... Newport State ...... 5/2876 05/05/15 LOC Rwy 22, Amdt 7B. 25–Jun–15 ...... TX Denton ...... Denton Muni ...... 5/3344 05/05/15 RNAV (GPS) Rwy 36, Amdt 2. 25–Jun–15 ...... MD Ocean City ...... Ocean City Muni ...... 5/3438 05/13/15 Takeoff Minimums and (Obstacle) DP, Amdt 3. 25–Jun–15 ...... FL Jacksonville ...... Herlong Recreational 5/3470 05/05/15 NDB–A, Orig-A. 25–Jun–15 ...... VA Norfolk ...... Norfolk Intl ...... 5/3537 05/05/15 RNAV (GPS) Z Rwy 23, Amdt 1. 25–Jun–15 ...... VA Norfolk ...... Norfolk Intl ...... 5/3538 05/05/15 RNAV (RNP) Y Rwy 23, Orig. 25–Jun–15 ...... VA Norfolk ...... Norfolk Intl ...... 5/3539 05/05/15 ILS OR LOC Rwy 23, Amdt 7. 25–Jun–15 ...... VA Norfolk ...... Norfolk Intl ...... 5/3540 05/05/15 RNAV (GPS) Z Rwy 5, Amdt 1A. 25–Jun–15 ...... VA Norfolk ...... Norfolk Intl ...... 5/3541 05/05/15 RNAV (RNP) Y Rwy 5, Orig-A.

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AIRAC date State City Airport FDC No. FDC date Subject

25–Jun–15 ...... VA Norfolk ...... Norfolk Intl ...... 5/3542 05/05/15 ILS OR LOC Rwy 5, Amdt 26A. 25–Jun–15 ...... PA Clarion ...... Clarion County ...... 5/3712 05/06/15 RNAV (GPS) Rwy 6, Amdt 1. 25–Jun–15 ...... GA Atlanta ...... Fulton County Air- 5/3992 05/08/15 RNAV (GPS) Rwy 26, Amdt 1A. port-Brown Field. 25–Jun–15 ...... GA Atlanta ...... Fulton County Air- 5/3994 05/08/15 VOR–A, Amdt 1A. port-Brown Field. 25–Jun–15 ...... GA Atlanta ...... Fulton County Air- 5/3996 05/08/15 NDB Rwy 8, Amdt 4. port-Brown Field. 25–Jun–15 ...... SC Bennettsville ...... Marlboro County 5/4012 05/08/15 NDB Rwy 7, Amdt 5. Jetport- H E Avent Field. 25–Jun–15 ...... SC Bennettsville ...... Marlboro County 5/4013 05/08/15 RNAV (GPS) Rwy 7, Amdt 1. Jetport- H E Avent Field. 25–Jun–15 ...... SC Bennettsville ...... Marlboro County 5/4014 5/8/2015 RNAV (GPS) Rwy 25, Amdt 1. Jetport- H E Avent Field. 25–Jun–15 ...... WV Morgantown ...... Morgantown Muni- 5/4617 05/12/15 ILS OR LOC Rwy 18, Amdt 13A. Walter L Bill Hart Fld. 25–Jun–15 ...... WV Morgantown ...... Morgantown Muni- 5/4618 05/12/15 RNAV (GPS) Z Rwy 18, Orig. Walter L Bill Hart Fld. 25–Jun–15 ...... WV Morgantown ...... Morgantown Muni- 5/4619 05/12/15 RNAV (GPS) Rwy 36, Orig-A. Walter L Bill Hart Fld. 25–Jun–15 ...... WV Morgantown ...... Morgantown Muni- 5/4620 05/12/15 RNAV (GPS) Y Rwy 18, Orig-A. Walter L Bill Hart Fld. 25–Jun–15 ...... VA Blacksburg ...... Virginia Tech/Mont- 5/4648 05/08/15 RNAV (GPS) Rwy 12, Amdt 2. gomery Executive. 25–Jun–15 ...... NJ Manville ...... Central Jersey Rgnl .. 5/4653 05/08/15 VOR–A, Amdt 7A. 25–Jun–15 ...... AL Gadsden ...... Northeast Alabama 5/4767 05/08/15 RNAV (GPS) Rwy 6, Amdt 1A. Rgnl. 25–Jun–15 ...... VA Roanoke ...... Roanoke Rgnl/ 5/4809 05/13/15 VOR/NDB Rwy 34, Amdt 1. Woodrum Field. 25–Jun–15 ...... VA Roanoke ...... Roanoke Rgnl/ 5/4810 05/13/15 RNAV (GPS) Rwy 34, Amdt 1A. Woodrum Field. 25–Jun–15 ...... VA Roanoke ...... Roanoke Rgnl/ 5/4812 05/13/15 ILS OR LOC Rwy 34, Amdt 14A. Woodrum Field. 25–Jun–15 ...... CA Sacramento ...... Sacramento Intl ...... 5/4941 05/06/15 ILS OR LOC Rwy 16R, ILS RWY 16R (SA CAT I), ILS Rwy 16R (CAT II & III), Amdt 16A. 25–Jun–15 ...... PA Wilkes-Barre/Scran- Wilkes-Barre/Scran- 5/5247 05/08/15 RNAV (GPS) Rwy 22, Amdt 1A. ton. ton Intl. 25–Jun–15 ...... IN Bedford ...... Virgil I Grissom Muni 5/5331 05/08/15 RNAV (GPS) Rwy 31, Amdt 1A. 25–Jun–15 ...... AK Iliamna ...... Iliamna ...... 5/5400 05/05/15 RNAV (GPS) Rwy 35, Amdt 2A. 25–Jun–15 ...... UT St George ...... St George Muni ...... 5/5401 05/05/15 LDA/DME Rwy 19, Orig-A. 25–Jun–15 ...... UT St George ...... St George Muni ...... 5/5402 05/05/15 RNAV (GPS) Rwy 19, Orig-A. 25–Jun–15 ...... CA Truckee ...... Truckee-Tahoe ...... 5/5403 05/10/15 RNAV (GPS) Y Rwy 20, Orig. 25–Jun–15 ...... CA Truckee ...... Truckee-Tahoe ...... 5/5404 05/10/15 RNAV (GPS) Z Rwy 20, Orig-A. 25–Jun–15 ...... CA Truckee ...... Truckee-Tahoe ...... 5/5418 05/10/15 RNAV (GPS) Rwy 11, Orig. 25–Jun–15 ...... PA Selinsgrove ...... Penn Valley ...... 5/5446 05/04/15 RNAV (GPS) Rwy 17, Orig-A. 25–Jun–15 ...... PA Selinsgrove ...... Penn Valley ...... 5/5447 05/04/15 VOR–A, Amdt 7A. 25–Jun–15 ...... PA Lancaster ...... Lancaster ...... 5/5939 05/06/15 RNAV (GPS) Rwy 13, Amdt 1. 25–Jun–15 ...... PA Lancaster ...... Lancaster ...... 5/5940 05/06/15 RNAV (GPS) Rwy 26, Amdt 2. 25–Jun–15 ...... PA Lancaster ...... Lancaster ...... 5/5941 05/06/15 RNAV (GPS) Rwy 31, Amdt 1. 25–Jun–15 ...... PA Lancaster ...... Lancaster ...... 5/5968 05/06/15 RNAV (GPS) Rwy 8, Amdt 3A. 25–Jun–15 ...... OR Scappoose ...... Scappoose Industrial 5/6346 05/06/15 LOC/DME Rwy 15, Amdt 3A. Airpark. 25–Jun–15 ...... CA Marysville ...... Yuba County ...... 5/6347 05/06/15 VOR Rwy 32, Amdt 10F. 25–Jun–15 ...... CA Marysville ...... Yuba County ...... 5/6348 05/06/15 RNAV (GPS) Rwy 32, Orig-B. 25–Jun–15 ...... CA Marysville ...... Yuba County ...... 5/6349 05/06/15 RNAV (GPS) Rwy 14, Orig-B. 25–Jun–15 ...... CA Marysville ...... Yuba County ...... 5/6350 05/06/15 ILS OR LOC Rwy 14, Amdt 5C. 25–Jun–15 ...... OK Frederick ...... Frederick Rgnl ...... 5/6717 05/08/15 RNAV (GPS) Rwy 35, Orig. 25–Jun–15 ...... OK Muskogee ...... Davis Field ...... 5/6721 05/08/15 RNAV (GPS) Rwy 13, Orig-A. 25–Jun–15 ...... OK Muskogee ...... Davis Field ...... 5/6722 05/08/15 RNAV (GPS) Rwy 31, Amdt 1B. 25–Jun–15 ...... OK Muskogee ...... Davis Field ...... 5/6723 05/08/15 RNAV (GPS) Rwy 22, Orig-A. 25–Jun–15 ...... OK Muskogee ...... Davis Field ...... 5/6724 05/08/15 RNAV (GPS) Rwy 4, Amdt 1A. 25–Jun–15 ...... IL Lacon ...... Marshall County ...... 5/6728 05/08/15 RNAV (GPS) Rwy 13, Orig. 25–Jun–15 ...... IL Lacon ...... Marshall County ...... 5/6729 05/08/15 VOR Rwy 13, Amdt 2B. 25–Jun–15 ...... MI Caro ...... Tuscola Area ...... 5/6778 05/08/15 RNAV (GPS) Rwy 23, Orig. 25–Jun–15 ...... MI Caro ...... Tuscola Area ...... 5/6779 05/08/15 RNAV (GPS) Rwy 5, Orig. 25–Jun–15 ...... MI Caro ...... Tuscola Area ...... 5/6780 05/08/15 VOR/DME–A, Amdt 5.

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AIRAC date State City Airport FDC No. FDC date Subject

25–Jun–15 ...... TN Millington ...... Millington Rgnl Jet- 5/6824 05/06/15 RNAV (GPS) Rwy 4, Amdt 1. port. 25–Jun–15 ...... TN Oneida ...... Scott Muni ...... 5/6825 05/06/15 RNAV (GPS) Rwy 23, Amdt 1. 25–Jun–15 ...... TN Oneida ...... Scott Muni ...... 5/6826 05/06/15 RNAV (GPS) Rwy 5, Amdt 1. 25–Jun–15 ...... TN Cleveland ...... Cleveland Rgnl Jet- 5/6827 05/06/15 RNAV (GPS) Rwy 21, Amdt 1. port. 25–Jun–15 ...... TN Cleveland ...... Cleveland Rgnl Jet- 5/6828 05/06/15 RNAV (GPS) Rwy 3, Amdt 1. port. 25–Jun–15 ...... TN Tullahoma ...... Tullahoma Rgnl Arpt/ 5/6830 05/08/15 RNAV (GPS) Rwy 36, Amdt 1A. Wm Northern Field. 25–Jun–15 ...... TN Tullahoma ...... Tullahoma Rgnl Arpt/ 5/6831 05/08/15 RNAV (GPS) Rwy 24, Amdt 1A. Wm Northern Field. 25–Jun–15 ...... TN Tullahoma ...... Tullahoma Rgnl Arpt/ 5/6832 05/08/15 NDB Rwy 18, Amdt 3A. Wm Northern Field. 25–Jun–15 ...... TN Tullahoma ...... Tullahoma Rgnl Arpt/ 5/6833 05/08/15 VOR Rwy 6, Amdt 1A. Wm Northern Field. 25–Jun–15 ...... TN Tullahoma ...... Tullahoma Rgnl Arpt/ 5/6834 05/08/15 RNAV (GPS) Rwy 6, Amdt 1A. Wm Northern Field. 25–Jun–15 ...... TN Tullahoma ...... Tullahoma Rgnl Arpt/ 5/6835 05/08/15 RNAV (GPS) Rwy 18, Amdt 1A. Wm Northern Field. 25–Jun–15 ...... UT Delta ...... Delta Muni ...... 5/6852 05/08/15 RNAV (GPS) Rwy 17, Amdt 1B. 25–Jun–15 ...... UT Delta ...... Delta Muni ...... 5/6853 05/08/15 RNAV (GPS) Rwy 35, Amdt 1B. 25–Jun–15 ...... UT Delta ...... Delta Muni ...... 5/6854 05/08/15 VOR/DME Rwy 17, Amdt 2. 25–Jun–15 ...... UT Delta ...... Delta Muni ...... 5/6855 05/08/15 VOR Rwy 35, Amdt 3. 25–Jun–15 ...... PA Lancaster ...... Lancaster ...... 5/6857 05/06/15 ILS OR LOC Rwy 8, Amdt 2. 25–Jun–15 ...... IA Ankeny ...... Ankeny Rgnl ...... 5/6927 05/08/15 RNAV (GPS) Rwy 36, Amdt 1A. 25–Jun–15 ...... IA Ankeny ...... Ankeny Rgnl ...... 5/6928 05/08/15 RNAV (GPS) Rwy 18, Amdt 1A. 25–Jun–15 ...... IA Ankeny ...... Ankeny Rgnl ...... 5/6929 05/08/15 RNAV (GPS) Rwy 22, Orig-A. 25–Jun–15 ...... IA Ankeny ...... Ankeny Rgnl ...... 5/6930 05/08/15 ILS OR LOC Rwy 36, Amdt 2A. 25–Jun–15 ...... VA Forest ...... New London ...... 5/6949 05/06/15 RNAV (GPS) Rwy 36, Orig. 25–Jun–15 ...... VA Forest ...... New London ...... 5/6950 05/06/15 RNAV (GPS) Rwy 18, Orig. 25–Jun–15 ...... TN Union City ...... Everett-Stewart Rgnl 5/7024 05/08/15 RNAV (GPS) Rwy 1, Amdt 3. 25–Jun–15 ...... NJ Ocean City ...... Ocean City Muni ...... 5/7026 05/08/15 VOR–A, Orig. 25–Jun–15 ...... NJ Ocean City ...... Ocean City Muni ...... 5/7027 05/08/15 GPS Rwy 6, Orig-A. 25–Jun–15 ...... TN Chattanooga ...... Lovell Field ...... 5/7042 05/08/15 ILS OR LOC Rwy 2, Amdt 7B. 25–Jun–15 ...... GA Vidalia ...... Vidalia Rgnl ...... 5/7132 04/30/15 RNAV (GPS) Rwy 24, Amdt 1A. 25–Jun–15 ...... DC Washington ...... Ronald Reagan 5/7237 05/13/15 LDA Z Rwy 19, Amdt 3. Washington Na- tional. 25–Jun–15 ...... DC Washington ...... Ronald Reagan 5/7238 05/13/15 LDA Y Rwy 19, Orig. Washington Na- tional. 25–Jun–15 ...... KS Atchison ...... Amelia Earhart ...... 5/7386 05/08/15 VOR/DME RNAV OR GPS Rwy 16, Amdt 4. 25–Jun–15 ...... KS Atchison ...... Amelia Earhart ...... 5/7387 05/08/15 VOR/DME Rwy 16, Orig. 25–Jun–15 ...... TN Union City ...... Everett-Stewart Rgnl 5/7396 05/08/15 ILS OR LOC Rwy 1, Amdt 2. 25–Jun–15 ...... FL Ormond Beach ...... Ormond Beach Muni 5/7490 05/12/15 RNAV (GPS) Rwy 17, Amdt 1. 25–Jun–15 ...... FL Ormond Beach ...... Ormond Beach Muni 5/7491 05/12/15 VOR Rwy 17, Amdt 2A. 25–Jun–15 ...... FL Ormond Beach ...... Ormond Beach Muni 5/7493 05/12/15 RNAV (GPS) Rwy 26, Amdt 1. 25–Jun–15 ...... FL Ormond Beach ...... Ormond Beach Muni 5/7494 05/12/15 RNAV (GPS) Rwy 8, Amdt 1A. 25–Jun–15 ...... VA Newport News ...... Newport News/Wil- 5/7547 05/06/15 ILS OR LOC Rwy 25, Amdt 1A. liamsburg Intl. 25–Jun–15 ...... VA Newport News ...... Newport News/Wil- 5/7550 05/06/15 LOC/DME Rwy 20, Amdt 1A. liamsburg Intl. 25–Jun–15 ...... GA Americus ...... Jimmy Carter Rgnl ... 5/7679 05/04/15 ILS OR LOC/NDB Rwy 23, Amdt 1. 25–Jun–15 ...... VA Petersburg ...... Dinwiddie County ..... 5/7681 05/04/15 LOC/NDB Rwy 5, Orig-A. 25–Jun–15 ...... KY Flemingsburg ...... Fleming-Mason ...... 5/7682 05/04/15 LOC/NDB Rwy 25, Amdt 1. 25–Jun–15 ...... GA Calhoun ...... Tom B David Fld ...... 5/7683 05/04/15 LOC/NDB–A, Orig. 25–Jun–15 ...... PA Somerset ...... Somerset County ...... 5/7687 05/04/15 LOC/NDB Rwy 25, Amdt 4A. 25–Jun–15 ...... OK Mc Alester ...... Mc Alester Rgnl ...... 5/7691 05/12/15 VOR/DME Rwy 20, Amdt 2E. 25–Jun–15 ...... TX Nacogdoches ...... A L Mangham Jr 5/7694 05/13/15 NDB Rwy 18, Amdt 1A. Rgnl. 25–Jun–15 ...... NH Whitefield ...... Mount Washington 5/7701 05/04/15 LOC/NDB Rwy 10, Amdt 7. Rgnl. 25–Jun–15 ...... GA Carrollton ...... West Georgia Rgnl— 5/7702 05/04/15 ILS OR LOC/NDB Rwy 35, Orig. O V Gray Field. 25–Jun–15 ...... GA Douglas ...... Douglas Muni ...... 5/7747 05/04/15 ILS OR LOC/NDB Rwy 4, Amdt 2A. 25–Jun–15 ...... FL St Petersburg ...... Albert Whitted ...... 5/7782 05/13/15 RNAV (GPS) Rwy 18, Orig-B. 25–Jun–15 ...... CA Riverside ...... Riverside Muni ...... 5/7815 05/08/15 ILS OR LOC Rwy 9, Amdt 8B. 25–Jun–15 ...... CA Riverside ...... Riverside Muni ...... 5/7816 05/08/15 RNAV (GPS) Rwy 9, Amdt 2A. 25–Jun–15 ...... CA Riverside ...... Riverside Muni ...... 5/7817 05/08/15 VOR Rwy 9, Amdt 1A. 25–Jun–15 ...... CA Riverside ...... Riverside Muni ...... 5/7818 05/08/15 VOR–A, Orig. 25–Jun–15 ...... AK St Mary’s ...... St Mary’s ...... 5/7819 05/08/15 LOC/DME Rwy 17, Amdt 5B. 25–Jun–15 ...... OR Salem ...... McNary Fld ...... 5/7821 05/08/15 LOC/DME BC Rwy 13, Amdt 8.

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AIRAC date State City Airport FDC No. FDC date Subject

25–Jun–15 ...... OH Cambridge ...... Cambridge Muni ...... 5/7977 05/13/15 VOR–A, Amdt 4. 25–Jun–15 ...... OH Cambridge ...... Cambridge Muni ...... 5/7979 05/13/15 LOC/DME Rwy 22, Amdt 1B. 25–Jun–15 ...... OH Cambridge ...... Cambridge Muni ...... 5/7981 05/13/15 RNAV (GPS) Rwy 4, Orig-A. 25–Jun–15 ...... OH Tiffin ...... Seneca County ...... 5/8225 05/12/15 NDB Rwy 24, Amdt 7B. 25–Jun–15 ...... FL Hollywood ...... North Perry ...... 5/8526 05/13/15 RNAV (GPS) Rwy 10R, Orig-A. 25–Jun–15 ...... FL Hollywood ...... North Perry ...... 5/8528 05/13/15 RNAV (GPS) Rwy 28R, Orig-A. 25–Jun–15 ...... GA Vidalia ...... Vidalia Rgnl ...... 5/8557 05/08/15 ILS OR LOC/NDB Rwy 24, Amdt 1. 25–Jun–15 ...... NM Alamogordo ...... Alamogordo-White 5/8653 05/13/15 VOR Rwy 3, Amdt 2A. Sands Rgnl. 25–Jun–15 ...... NM Alamogordo ...... Alamogordo-White 5/8654 05/13/15 RNAV (GPS) Rwy 3, Orig-A. Sands Rgnl. 25–Jun-15 ...... NM Alamogordo ...... Alamogordo-White 5/8655 05/13/15 VOR/DME Rwy 3, Orig-A. Sands Rgnl. 25–Jun–15 ...... TX Nacogdoches ...... A L Mangham Jr 5/8755 05/13/15 ILS OR LOC Rwy 36, Amdt 3B. Rgnl. 25–Jun–15 ...... MI Sault Ste Marie ...... Chippewa County Intl 5/8758 05/12/15 ILS OR LOC Rwy 16, Amdt 8B. 25–Jun–15 ...... IL Chicago/Prospect Chicago Executive .... 5/8761 05/13/15 ILS OR LOC Rwy 16, Amdt 2C. Heights/Wheeling. 25–Jun–15 ...... OK Tulsa ...... Tulsa Intl ...... 5/8766 05/13/15 VOR/DME Rwy 8, Amdt 4A. 25–Jun–15 ...... KY Somerset ...... Lake Cumberland 5/8799 05/13/15 ILS OR LOC/DME Rwy 5, Orig-B. Rgnl. 25–Jun–15 ...... KY Somerset ...... Lake Cumberland 5/8800 05/13/15 RNAV (GPS) Y Rwy 5, Amdt 3. Rgnl. 25–Jun–15 ...... MN Ely ...... Ely Muni ...... 5/9087 05/13/15 RNAV (GPS) Rwy 12, Amdt 1A. 25–Jun–15 ...... MN Silver Bay ...... Silver Bay Muni ...... 5/9407 05/13/15 NDB Rwy 25, Orig. 25–Jun–15 ...... MN Silver Bay ...... Silver Bay Muni ...... 5/9419 05/13/15 RNAV (GPS) Rwy 25, Orig. 25–Jun–15 ...... TX Weslaco ...... Mid Valley ...... 5/9422 05/13/15 GPS Rwy 13, Orig-A. 25–Jun–15 ...... TX Weslaco ...... Mid Valley ...... 5/9423 05/13/15 VOR/DME–A, Orig. 25–Jun–15 ...... IL Paxton ...... Paxton ...... 5/9445 05/13/15 RNAV (GPS) Rwy 18, Orig. 25–Jun–15 ...... IL Paxton ...... Paxton ...... 5/9446 05/13/15 VOR Rwy 18, Amdt 2. 25–Jun–15 ...... LA Winnfield ...... David G Joyce ...... 5/9450 05/13/15 RNAV (GPS) Rwy 27, Orig. 25–Jun–15 ...... LA Winnfield ...... David G Joyce ...... 5/9451 05/13/15 RNAV (GPS) Rwy 9, Orig-A. 25–Jun–15 ...... IA Chariton ...... Chariton Muni ...... 5/9553 05/13/15 RNAV (GPS) Rwy 10, Orig. 25–Jun–15 ...... IA Chariton ...... Chariton Muni ...... 5/9554 05/13/15 RNAV (GPS) Rwy 17, Amdt 1A. 25–Jun–15 ...... OH Cincinnati ...... Cincinnati Muni Air- 5/9719 05/13/15 ILS OR LOC Rwy 21L, Amdt 19. port Lunken Field. 25–Jun–15 ...... OH Cincinnati ...... Cincinnati Muni Air- 5/9720 05/13/15 NDB Rwy 21L, Amdt 17A. port Lunken Field. 25–Jun–15 ...... OH Cincinnati ...... Cincinnati Muni Air- 5/9721 05/13/15 RNAV (GPS) Rwy 21L, Amdt 1B. port Lunken Field. 25–Jun–15 ...... OH Cincinnati ...... Cincinnati Muni Air- 5/9722 05/13/15 NDB Rwy 25, Amdt 12A. port Lunken Field. 25–Jun–15 ...... OH Cincinnati ...... Cincinnati Muni Air- 5/9723 05/13/15 LOC BC Rwy 3R, Amdt 8D. port Lunken Field. 25–Jun–15 ...... OH Cincinnati ...... Cincinnati Muni Air- 5/9724 05/13/15 RNAV (GPS) Rwy 25, Amdt 1A. port Lunken Field.

[FR Doc. 2015–13824 Filed 6–5–15; 8:45 am] amending the color additive regulations Docket No. FDA–2014–C–1616 (Mica- BILLING CODE 4910–13–P to provide for the safe use of mica-based based pearlescent pigments in cordials, pearlescent pigments prepared from liqueurs, flavored alcoholic malt titanium dioxide and mica as color beverages, wine coolers, cocktails, non- DEPARTMENT OF HEALTH AND additives in cordials, liqueurs, flavored alcoholic cocktail mixers and mixes) or HUMAN SERVICES alcoholic malt beverages, wine coolers, Docket No. FDA–2015–C–0245 (Mica- cocktails, non-alcoholic cocktail mixers based pearlescent pigments in egg Food and Drug Administration and mixes, and in egg decorating kits for decorating kits), by any of the following coloring shell eggs. This action is in methods: 21 CFR Part 73 response to two color additive petitions Electronic Submissions (CAPs) submitted separately by EMD [Docket Nos. FDA–2014–C–1616 and FDA– Submit electronic objections in the 2015–C–0245] Millipore Corp. and by Signature Brands, LLC. following way: • Federal eRulemaking Portal: http:// Listing of Color Additives Exempt DATES: This rule is effective July 9, www.regulations.gov. Follow the From Certification; Mica-Based 2015. See section VIII for further instructions for submitting comments. Pearlescent Pigments information on the filing of objections. Submit either electronic or written Written Submissions AGENCY: Food and Drug Administration, HHS. objections and requests for a hearing by Submit written objections in the July 8, 2015. ACTION: Final rule. following ways: ADDRESSES: You may submit either • Mail/Hand delivery/Courier (for SUMMARY: The Food and Drug electronic or written objections and paper submissions): Division of Dockets Administration (‘‘FDA’’ or ‘‘we’’) is requests for a hearing identified by Management (HFA–305), Food and Drug

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Administration, 5630 Fishers Lane, Rm. percent and not more than 23 percent additive cannot be listed for a particular 1061, Rockville, MD 20852. alcohol by volume, but not including use unless the data and information Instructions: All submissions received distilled spirits mixtures containing available to FDA establish that the color must include the Agency name and more than 5 percent wine on a proof additive is safe for that use. FDA’s color Docket No. FDA–2014–C–1616 (Mica- gallon basis. In correspondence with additive regulations in 21 CFR 70.3(i) based pearlescent pigments in cordials, FDA, EMD subsequently refined the define ‘‘safe’’ to mean that there is liqueurs, flavored alcoholic malt petitioned use of mica-based pearlescent convincing evidence that establishes beverages, wine coolers, cocktails, non- pigments to cordials, liqueurs, flavored with reasonable certainty that no harm alcoholic cocktail mixers and mixes) or alcoholic malt beverages, wine coolers, will result from the intended use of the Docket No. FDA–2015–C–0245 (Mica- cocktails, and non-alcoholic cocktail color additive. To establish with based pearlescent pigments in egg mixers and mixes. reasonable certainty that a color decorating kits) for this rulemaking. All CAP 5C0301 was submitted by additive intended for use in food is not objections received will be posted Signature Brands, LLC, c/o Keller and harmful under its intended conditions without change to http:// Heckman, LLP, 1001 G St. NW., Suite of use, we consider the projected human www.regulations.gov, including any 500 West, Washington, DC 20001. CAP dietary exposure to the additive, the personal information provided. For 5C0301 proposed to amend § 73.350 to additive’s toxicological data, and other detailed instructions on submitting provide for the safe use of mica-based relevant information (such as published objections, see the ‘‘Objections’’ heading pearlescent pigments prepared from literature) available to us. We compare of the SUPPLEMENTARY INFORMATION titanium dioxide and mica in egg an individual’s estimated daily intake section. decorating kits for coloring boiled shell (EDI) of the additive from all food Docket: For access to the docket to eggs, in amounts consistent with good sources to an acceptable daily intake read background documents or manufacturing practice (GMP). (ADI) established by toxicological data. objections received, go to http:// Mica-based pearlescent pigments The EDI is determined by projections www.regulations.gov and insert the prepared from titanium dioxide and based on the amount of the additive docket numbers, found in brackets in mica are currently approved under proposed for use in particular foods and the heading of this document, into the § 73.350(c)(1)(i) for use as a color on data regarding the amount consumed ‘‘Search’’ box and follow the prompts additive in amounts up to 1.25 percent from all food sources of the additive. We and/or go to the Division of Dockets by weight in cereals, confections and typically use the EDI for the 90th Management, 5630 Fishers Lane, Rm. frostings, gelatin deserts, hard and soft percentile consumer of a color additive 1061, Rockville, MD 20852. candies (including lozenges), nutritional as a measure of high chronic dietary exposure. FOR FURTHER INFORMATION CONTACT: supplement tablets and gelatin capsules, Ellen Anderson, Center for Food Safety and chewing gum. Mica-based B. Petitioned Uses of the Color Additive pearlescent pigments prepared from and Applied Nutrition (HFS–265), Food In CAP 4C0299, EMD proposed to and Drug Administration, 5100 Paint titanium dioxide and mica are also currently approved under amend the color additive regulations in Branch Pkwy., College Park, MD 20740– § 73.350 to provide for the safe use of 3835, 240–402–1309. § 73.350(c)(1)(ii) in amounts up to 0.07 percent, by weight, in distilled spirits mica-based pearlescent pigments as a SUPPLEMENTARY INFORMATION: containing not less than 18 percent and color additive in amounts up to 0.07 I. Background not more than 23 percent alcohol by percent, by weight, in cordials, liqueurs, volume, but not including distilled flavored alcoholic malt beverages, wine In notices published in the Federal coolers, cocktails, and non-alcoholic Register on October 21, 2014, and spirits mixtures containing more than 5 percent wine on a proof gallon basis. cocktail mixes and mixers. According to February 5, 2015 (79 FR 62932 and 80 the standards of identity for distilled Mica-based pearlescent pigments FR 6468, respectively), we announced spirits regulations issued by the Alcohol prepared from titanium dioxide on that we filed CAPs (4C0299 and 5C0301, and Tobacco Tax and Trade Bureau mica, iron oxide on mica, and titanium respectively) to amend the color (TTB), which regulates the labeling of dioxide and iron oxide on mica are additive regulations in § 73.350 Mica- certain alcoholic beverages, cordials and approved for specified uses as a color based pearlescent pigments (21 CFR liqueurs are a class of distilled spirits additive in ingested drugs under 73.350). obtained by mixing or redistilling § 73.1350 (21 CFR 73.1350). Mica-based CAP 4C0299 was submitted by EMD distilled spirits with or over fruits, pearlescent pigments formed by Millipore Corp. (EMD), c/o Hyman, flowers, plants, or pure juices therefrom, depositing titanium or iron salts from a Phelps & McNamara, P.C., 700 13th St. or other natural flavoring materials, or NW., Suite 1200, Washington, DC basic solution onto mica, followed by with extracts derived from infusions, 20005. CAP 4C0299 proposed to amend calcination to produce titanium dioxide percolation, or maceration of such the color additive regulations in or iron oxides on mica, are approved for materials, and containing sugar, § 73.350 to expand the safe use of mica- specified uses in contact lenses under dextrose, or levulose, or a combination § 73.3128 (21 CFR 73.3128). The color based pearlescent pigments prepared thereof, in an amount not less than 21⁄2 from titanium dioxide and mica as a additive that is the subject of the two percent by weight of the finished color additive in cordials, liqueurs, color additive petitions at issue, mica- product (27 CFR 5.22(h)). Neither FDA cocktails, and certain other alcoholic based pearlescent pigments prepared nor TTB has a regulatory definition for beverages, and non-alcoholic cocktail from titanium dioxide and mica, will be ‘‘cocktail.’’ The petition defines mixers and mixes. The maximum use referred hereinafter in this final rule as cocktails as ‘‘products that are sold as level of the pigments proposed by the mica-based pearlescent pigments. mixtures of distilled spirits and non- petitioner is 0.07 percent by weight in II. Safety Evaluation alcoholic ingredients.’’ Subsequent the beverages, mixers, and mixes, communication with the petitioner consistent with approval in A. Determination of Safety clarified that the following are § 73.350(c)(1)(ii) for the use of mica- Under section 721(b)(4) of the Federal descriptions of the types of cocktail based pearlescent pigments in distilled Food, Drug, and Cosmetic Act (the products included within the scope of spirits containing not less than 18 FD&C Act) (21 U.S.C. 379e(b)(4)), a color the petition: (1) Cocktails containing

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one or more alcoholic beverages and one include sangria, which is typically a the exposure to the additive from the or more non-alcoholic mixers (e.g., mixture of wine, fruit, and other petitioned use is negligible, and that the margarita, gin and tonic, cosmopolitan, ingredients. petitioned use would not result in a fuzzy navel, Bloody Mary, caipirinha, In CAP 5C0301, Signature Brands, significant contribution to the CEDI for Irish coffee, Long Island iced tea, LLC proposed to amend the color mica-based pearlescent pigments (Ref. daiquiri, hurricane); (2) cocktails additive regulations in § 73.350 to 2). containing one or more alcoholic provide for the safe use of mica-based We estimate the eaters-only exposure beverages without non-alcoholic mixers pearlescent pigments as a color additive to mica-based pearlescent pigments (e.g., vodka martini, stinger, black in egg decorating kits to color the shells from the proposed uses in cordials, Russian, Manhattan); (3) cocktails of boiled eggs in amounts consistent liqueurs, flavored alcoholic malt containing beer (e.g., caipbeerinha, with GMP. The petitioner proposed to beverages, wine coolers, cocktails, and boilermaker, beer Bloody Mary); (4) use mica-based pearlescent pigments in non-alcoholic cocktail mixers and mixes cocktails containing wine (e.g., mimosa, a packet of glaze that is part of egg for the U.S. population to be 0.15 grams/ Kir Royale, wine cooler, wine spritzer); decorating kits sold for in-home use. person/day (g/p/d) at the mean and 0.34 and (5) non-alcoholic mixes and mixers According to the kit instructions, the g/p/d at the 90th percentile (Ref. 1). (An for use in cocktails (e.g., margarita mix, glaze containing the mica-based eaters-only exposure is the total of the daiquiri mix, Bloody Mary mix). We pearlescent pigments is intended to be amount of food consumed per day note that mica-based pearlescent rubbed on the shells of colored boiled averaged over the number of days in the pigments are intended to be used in eggs to impart a metallic sheen. survey period by individuals consuming the food at least once during the survey both liquid and powdered forms of non- C. Safety of the Petitioned Uses of the period.) In a previous amendment to alcoholic cocktail mixes and mixers, at Color Additive § 73.350 (78 FR 35115 at 35115 and a maximum use level of 0.07 percent by During our safety review of the uses 35116 (June 12, 2013)), we estimated a weight of the mix or mixer (Ref. 1). of mica-based pearlescent pigments CEDI for the use of mica-based Furthermore, only non-alcoholic mixes proposed in CAPs 4C0299 and 5C0301, pearlescent pigments in food (§ 73.350) and mixers that are marketed we considered the exposure to the color and ingested drugs (§ 73.1350) using specifically for use in cocktails, such as additive from its petitioned uses and food consumption data from the 2003 to margarita mix and Bloody Mary mix, are from the currently permitted uses in 2008 National Health and Nutrition included within the scope of this food and ingested drugs under §§ 73.350 Examination Survey (NHANES). In our petition (Ref. 1). Beverages that are and 73.1350, respectively. In estimating current safety assessment, we updated typically consumed without added the cumulative estimated dietary intake the previous exposure to mica-based alcohol (e.g., fruit juices, carbonated (CEDI) of these pigments, we pearlescent pigments from all approved water, soft drinks) are outside the scope determined that the exposure to mica- uses in foods using NHANES food of this petition. The petition also based pearlescent pigments from the use consumption data from 2007 to 2010. In proposed to amend § 73.350 to provide in contact lenses (§ 73.3128) is estimating the exposure to mica-based for the safe use of mica-based negligible and, therefore, need not be pearlescent pigments from the use in pearlescent pigments in flavored included in our exposure estimate. ingested drugs, we relied on the alcoholic malt beverages and wine Furthermore, we concluded that the estimates used in a previous safety coolers. Like ‘‘cocktail,’’ the term ‘‘wine exposure to the additive from the evaluation (Ref. 1). The updated eaters- cooler’’ does not have a regulatory petitioned use in coloring the shells of only CEDI of mica-based pearlescent definition. According to TTB, products boiled eggs is also negligible. In CAP pigments, including the petitioned use traditionally known as wine coolers 5C0301, the petitioner noted that, in cordials, liqueurs, flavored alcoholic have generally been replaced in recent because eggshells are not consumed, malt beverages, wine coolers, cocktails, years by flavored alcoholic malt exposure to mica-based pearlescent and non-alcoholic cocktail mixers and beverages, which are manufactured with pigments would be limited to the mixes, and the currently approved uses a malt base rather than with wine (Ref. amount of additive that migrates in food and ingested drugs, is 0.25 g/p/ 1). Flavored alcoholic malt beverages through the shell and the inner d at the mean and 0.50 g/p/d at the 90th are sold under many proprietary names membrane that separates the shell from percentile for the U.S. population (Ref. and include alcoholic lemonades, the edible egg. The petitioner asserted 1). The updated CEDIs for mica-based alcoholic colas, and other flavored that, given the pigments’ relatively large pearlescent pigments are not alcoholic beverages (see 70 FR 194 at particle size and insolubility in food, significantly different from the previous 195 (January 3, 2005) (TTB final rule the amount of mica-based pearlescent CEDIs (78 FR 35115 at 35116). This is pertaining to ‘‘Flavored Malt Beverage pigments that could actually be found in not unexpected, as both the previous and Related Regulatory Amendments’’)). the edible portion of the egg is and updated exposure estimates were Products marketed as wine coolers and insignificant. The petitioner provided a based on a similar set of NHANES food flavored alcoholic malt beverages are conservative estimate for potential codes that included cordials, liqueurs, included in the scope of the petition to exposure to the additive from the and cocktails (Ref. 1). In addition, the amend the color additive regulations in petitioned use based on a worst-case percent of the population consuming § 73.350. Traditional malt beverages, scenario that presumed the theoretical alcoholic beverages from the petitioned such as beer, ale, and malt liquor, differ maximum solubility of mica-based use is significantly lower compared to substantially from flavored alcoholic pearlescent pigments is equivalent to the proportion of the population that malt beverages (see 70 FR 194) and are that of mica (80 milligrams/kilograms in consumes foods and ingested drugs not included within the scope of the 10 percent acetic acid). Exposure to containing mica-based pearlescent petition. Wine, which has a standard of mica-based pearlescent pigments from pigments, thereby resulting in a smaller identity defined under TTB’s decorated eggshells is likely further contribution to the CEDI (Ref. 1). regulations at 27 CFR part 4, subpart C, reduced by the typically limited To support the safety of the proposed is also outside the scope of the petition. seasonal availability of the egg uses of mica-based pearlescent pigments Furthermore, the petitioner clarified decorating kits. We agree with the in food, the petitioners of CAPs 4C0299 that the scope of the petition does not rationale proposed in CAP 5C0301 that and 5C0301 referenced the safety

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determination made by FDA for pigments prepared from titanium This final rule is not a statement previously filed petitions (70 FR 42271 dioxide and mica as a color additive in regarding compliance with other (July 22, 2005); 71 FR 31927 (June 2, egg decorating kits used to color the sections of the FD&C Act. For example, 2006); and 78 FR 35115). In a prior shells of eggs in amounts consistent section 301(ll) of the FD&C Act (21 safety evaluation, we concluded that the with GMP is safe. We further conclude U.S.C. 331(ll) prohibits the introduction bioavailability of ingested mica-based that the additive will achieve its or delivery for introduction into pearlescent pigments and/or their intended technical effect and is suitable interstate commerce of any food that individual components is expected to be for the petitioned uses. Therefore, we contains a drug approved under section low based on the chemical nature of are amending the color additive 505 of the FD&C Act (21 U.S.C. 355), a these inorganic pigments and their regulations in part 73 (21 CFR part 73) biological product licensed under individual components and the low as set forth in this document. In section 351 of the Public Health Service solubility of mica-based pearlescent addition, based upon the factors listed Act (42 U.S.C. 262), or a drug or pigments in media relevant to human in 21 CFR 71.20(b), we conclude that biological product for which substantial health (e.g., digestive fluids in the certification of titanium dioxide-coated clinical investigations have been gastrointestinal tract) (70 FR 42271 at mica-based pearlescent pigments is not instituted and their existence has been 42272). We are not aware of any new necessary for the protection of the made public, unless one of the studies on the bioavailability of mica- public health. exemptions in section 301(ll)(1) to (4) of based pearlescent pigments published the FD&C Act applies. In our review of since our previous evaluation (70 FR IV. Public Disclosure these petitions, we did not consider 42271). As part of our current safety In accordance with § 71.15 (21 CFR whether section 301(ll) of the FD&C Act evaluation, we also reviewed several 71.15), the petitions and the documents or any of its exemptions apply to food recent studies on titanium dioxide, that we considered and relied upon in containing this additive. Accordingly, which is a component of mica-based reaching our decision to approve the this final rule should not be construed pearlescent pigments, to further clarify petitions will be made available for to be a statement that a food containing the extent of the color additive’s public disclosure (see FOR FURTHER this additive, if introduced or delivered bioavailability. We determined that the INFORMATION CONTACT). As provided in for introduction into interstate new information on titanium dioxide § 71.15, we will delete from the commerce, would not violate section supports our previous conclusion that documents any materials that are not 301(ll) of the FD&C Act. Furthermore, mica-based pearlescent pigments are not available for public disclosure. this language is included in all color bioavailable to any significant extent additive final rules that pertain to food upon ingestion (Ref. 3). V. Environmental Impact and therefore should not be construed to In our previous safety evaluation, We previously considered the be a statement of the likelihood that which the petitioners referenced, we environmental effects of this rule, as section 301(ll) of the FD&C Act applies. established an ADI for mica-based stated in the October 21, 2014, and pearlescent pigments to be 1.8 g/p/d February 5, 2015, notices of filing for VIII. Objections based on a 2-year rat carcinogenicity CAPs 4C0299 and 5C0301 (79 FR 62932 This rule is effective as shown in the bioassay (71 FR 31927 at 31928). Since and 80 FR 6468, respectively). For CAP DATES section, except as to any the updated CEDI (0.50 g/p/d at the 90th 4C0299, we stated that we had provisions that may be stayed by the percentile) for mica-based pearlescent determined, under 21 CFR 25.32(k), that filing of proper objections. If you will be pigments for the U.S. population is less this action is of a type that does not adversely affected by one or more than the ADI, we conclude that the individually or cumulatively have a provisions of this regulation, you may proposed expanded use of mica-based significant effect on the human file with the Division of Dockets pearlescent pigments as a color additive environment such that neither an Management (see ADDRESSES) either at levels of up to 0.07 percent by weight environmental assessment nor an electronic or written objections. You in cordials, liqueurs, flavored alcoholic environmental impact statement is must separately number each objection, malt beverages, wine coolers, cocktails, required. For CAP 5C0301, we stated and within each numbered objection and non-alcoholic cocktail mixers and that we had determined, under you must specify with particularity the mixes is safe (Ref. 3). We also conclude § 25.32(r), that this action is of a type provision(s) to which you object, and that the proposed expanded use of mica- that does not individually or the grounds for your objection. Within based pearlescent pigments in egg cumulatively have a significant effect on each numbered objection, you must decorating kits to color the shells of eggs the human environment such that specifically state whether you are at levels consistent with GMP is safe, neither an environmental assessment requesting a hearing on the particular since the exposure to mica-based nor an environmental impact statement provision that you specify in that pearlescent pigments contributed by is required. We have not received any numbered objection. If you do not this use is negligible (Ref. 3). new information or comments that request a hearing for any particular objection, you waive the right to a III. Conclusion would affect our previous determinations. hearing on that objection. If you request Based on the data and information in a hearing, your objection must include the petitions and other relevant VI. Paperwork Reduction Act of 1995 a detailed description and analysis of material, FDA concludes that the This final rule contains no collection the specific factual information you petitioned use of mica-based pearlescent of information. Therefore, clearance by intend to present in support of the pigments prepared from titanium the Office of Management and Budget objection in the event that a hearing is dioxide and mica as a color additive at under the Paperwork Reduction Act of held. If you do not include such a levels of up to 0.07 percent by weight 1995 is not required. description and analysis for any in cordials, liqueurs, flavored alcoholic particular objection, you waive the right malt beverages, wine coolers, cocktails, VII. Section 301(ll) of the Federal Food, to a hearing on the objection. and non-alcoholic cocktail mixers and Drug, and Cosmetic Act It is only necessary to send one set of mixes is safe. We also conclude that the Our review of these petitions was documents. Identify documents with the petitioned use of mica-based pearlescent limited to section 721 of the FD&C Act. docket number found in brackets in the

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heading of this document. Any 23 percent alcohol by volume but not Administration, 10903 New Hampshire objections received in response to the including distilled spirits mixtures Ave., Bldg. 66, Rm. 1234, Silver Spring, regulation may be seen in the Division containing more than 5 percent wine on MD 20993, 301–796–6326, of Dockets Management between 9 a.m. a proof gallon basis. [email protected]. and 4 p.m., Monday through Friday, and (B) Cordials, liqueurs, flavored SUPPLEMENTARY INFORMATION: will be posted to the docket at http:// alcoholic malt beverages, wine coolers, www.regulations.gov. We will publish and cocktails. I. Background—Regulatory Authorities notice of the objections that we have (C) Non-alcoholic cocktail mixes and The Federal Food, Drug, and Cosmetic received or lack thereof in the Federal mixers, such as margarita mix, Bloody Act (the FD&C Act), as amended by the Register. Mary mix, and daiquiri mix, but Medical Device Amendments of 1976 excluding eggnog, tonic water, and (the 1976 amendments) (Pub. L. 94– IX. References beverages that are typically consumed 295), the Safe Medical Devices Act of The following references have been without added alcohol (e.g., fruit juices, 1990 (Pub. L. 101–629), the Food and placed on display in the Division of fruit juice drinks, and soft drinks). Drug Administration Modernization Act Dockets Management (see ADDRESSES) (iii) In egg decorating kits used for of 1997 (FDAMA) (Pub. L. 105–115), the and may be seen by interested persons coloring the shells of eggs in amounts Medical Device User Fee and between 9 a.m. and 4 p.m., Monday consistent with good manufacturing Modernization Act of 2002 (Pub. L. 107– through Friday, and are available practice. 250), the Medical Devices Technical electronically at http:// * * * * * Corrections Act (Pub. L. 108–214), the www.regulations.gov. Food and Drug Administration Dated: June 2, 2015. Amendments Act of 2007 (Pub. L. 110– 1. FDA Memorandum from H. Lee, Chemistry Susan Bernard, Review Group, Division of Petition 85), and the Food and Drug Director, Office of Regulations, Policy and Review, to E. Anderson, Regulatory Administration Safety and Innovation Social Sciences, Center for Food Safety and Group II, Division of Petition Review, Act (FDASIA) (Pub. L. 112–144), among Applied Nutrition. January 5, 2015. other amendments, established a 2. FDA Memorandum from H. Lee, Chemistry [FR Doc. 2015–13834 Filed 6–5–15; 8:45 am] comprehensive system for the regulation Review Group, Division of Petition BILLING CODE 4164–01–P of medical devices intended for human Review, to E. Anderson, Regulatory use. Section 513 of the FD&C Act (21 Group II, Division of Petition Review, U.S.C. 360c) established three categories March 13, 2015. DEPARTMENT OF HEALTH AND (classes) of devices, reflecting the 3. FDA Memorandum from S. Park, HUMAN SERVICES Toxicology Team, Division of Petition regulatory controls needed to provide Review, to E. Anderson, Regulatory Food and Drug Administration reasonable assurance of their safety and Group II, Division of Petition Review, effectiveness. The three categories of devices are class I (general controls), March 18, 2015. 21 CFR Part 870 class II (special controls), and class III List of Subjects in 21 CFR Part 73 [Docket No. FDA–2013–N–1518] (premarket approval). Under section 513(d) of the FD&C Act, Color additives, Cosmetics, Drugs, Cardiovascular Devices; Medical devices. devices that were in commercial Reclassification of Nonroller-Type distribution before the enactment of the Therefore, under the Federal Food, Cardiopulmonary Bypass Blood 1976 amendments, May 28, 1976 Drug, and Cosmetic Act and under Pumps for Cardiopulmonary and (generally referred to as authority delegated to the Commissioner Circulatory Bypass; Effective Date of ‘‘preamendments devices’’), are of Food and Drugs, and redelegated to Requirement for Premarket Approval classified after FDA has: (1) Received a the Director, Center for Food Safety and for Nonroller-Type Cardiopulmonary recommendation from a device Applied Nutrition, 21 CFR part 73 is Bypass Blood Pumps for Temporary classification panel (an FDA advisory amended as follows: Ventricular Support committee) (the Panel); (2) published the Panel’s recommendation for PART 73—LISTING OF COLOR AGENCY: Food and Drug Administration, comment, along with a proposed ADDITIVES EXEMPT FROM HHS. regulation classifying the device; and (3) CERTIFICATION ACTION: Final order. published a final regulation classifying ■ 1. The authority citation for 21 CFR SUMMARY: The Food and Drug the device. FDA has classified most part 73 continues to read as follows: Administration (FDA) is issuing a final preamendments devices under these order to reclassify nonroller-type procedures. Authority: 21 U.S.C. 321, 341, 342, 343, Devices that were not in commercial 348, 351, 352, 355, 361, 362, 371, 379e. cardiopulmonary bypass blood pump (NRP) devices for cardiopulmonary and distribution prior to May 28, 1976 (generally referred to as ■ 2. Section 73.350 is amended by circulatory bypass, a preamendments ‘‘postamendments devices’’), are revising paragraph (c)(1)(ii) and by class III device, into class II (special automatically classified by section adding paragraph (c)(1)(iii) to read as controls), and to require the filing of a 513(f) of the FD&C Act into class III follows: premarket approval application (PMA) without any FDA rulemaking process. for NRP devices for temporary Those devices remain in class III and § 73.350 Mica-based pearlescent ventricular support. FDA is also revising pigments. require premarket approval unless, and the title and identification of the until, the device is reclassified into class * * * * * regulation for NRP devices in this order. (c) * * * I or II or FDA issues an order finding the DATES: This order is effective June 8, (1) * * * device to be substantially equivalent, in (ii) In amounts up to 0.07 percent, by 2015. accordance with section 513(i) of the weight, in the following: FOR FURTHER INFORMATION CONTACT: FD&C Act, to a predicate device that (A) Distilled spirits containing not Fernando Aguel, Center for Devices and does not require premarket approval. less than 18 percent and not more than Radiological Health, Food and Drug The Agency determines whether new

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devices are substantially equivalent to reclassify a preamendments device. The FD&C Act; and (3) consideration of predicate devices by means of term ‘‘new information,’’ as used in comments to a public docket. FDA held premarket notification procedures in section 513(e) of the FD&C Act, includes a meeting of a device classification section 510(k) of the FD&C Act (21 information developed as a result of a panel described in section 513(b) of the U.S.C. 360(k)) and part 807 (21 CFR part reevaluation of the data before the FD&C Act with respect to NRP devices 807). Agency when the device was originally on December 6, 2012 (Ref. 1). The Panel A preamendments device that has classified, as well as information not unanimously recommended that NRP been classified into class III and devices presented, not available, or not devices for cardiopulmonary and found substantially equivalent by means developed at that time. (See, e.g., circulatory bypass be reclassified from of premarket notification (510(k)) Holland-Rantos Co. v. United States class III to class II with special controls procedures to such a preamendments Department of Health, Education, and because the application of general and device or to a device within that type Welfare, 587 F.2d 1173, 1174 n.1 (D.C. special controls are sufficient to provide (both the preamendments and Cir. 1978); Upjohn v. Finch, 422 F.2d reasonable assurance of safety and substantially equivalent devices are 944 (6th Cir. 1970); Bell v. Goddard, 366 effectiveness for NRP devices when referred to as ‘‘preamendments class III F.2d 177 (7th Cir. 1966).) intended for these uses. The Panel devices’’) may be marketed without Reevaluation of the data previously believed that the special controls submission of a PMA until FDA issues before the Agency is an appropriate identified by FDA were appropriate to a final order under section 515(b) of the basis for subsequent action where the mitigate the relevant risks to health for FD&C Act (21 U.S.C. 360e(b)) requiring reevaluation is made in light of newly these uses. FDA published a proposed premarket approval or until the device available authority (see Bell, 366 F.2d at order in the Federal Register on January is subsequently reclassified into class I 181; Ethicon, Inc. v. FDA, 762 F.Supp. 7, 2014 (79 FR 765). FDA received and or class II. Section 515(b)(1) of the FD&C 382, 388–391 (D.D.C. 1991)), or in light has considered two comments on the Act directs FDA to issue an order of changes in ‘‘medical science’’ proposed order as discussed in section requiring premarket approval for a (Upjohn, 422 F.2d at 951). Whether data II of this document (Ref. 2). preamendments class III device. before the Agency are old or new data, Although, under the FD&C Act, the the ‘‘new information’’ to support B. Requirement for Premarket Approval manufacturer of class III reclassification under section 513(e) of Application preamendments device may respond to the FD&C Act must be ‘‘valid scientific FDA is requiring PMAs for NRP the call for PMAs by filing a PMA or a evidence,’’ as defined in section devices for temporary ventricular notice of completion of a product 513(a)(3) of the FD&C Act and 21 CFR support. Section 515(b)(1) of the FD&C development protocol (PDP), in 860.7(c)(2). (See, e.g., General Medical Act sets forth the process for issuing a practice, the option of filing a notice of Co. v. FDA, 770 F.2d at 214 (D.C. Cir. final order requiring PMAs. Specifically, completion of a PDP has not been used. 1985); Contact Lens Manufacturers prior to the issuance of a final order For simplicity, although corresponding Association v. FDA, 766 F.2d at 592 requiring premarket approval for a requirements for PDPs remain available (D.C. Cir. 1985), cert. denied, 474 U.S. preamendments class III device, the to manufacturers in response to a final 1062 (1986).) following must occur: (1) Publication of order under section 515(b) of the FD&C FDA relies upon ‘‘valid scientific a proposed order in the Federal Act, this document will refer only to the evidence’’ in the classification process Register; (2) a meeting of a device requirement for the filing and receiving to determine the level of regulation for classification panel described in section approval of a PMA. devices. To be considered in the 513(b) of the FD&C Act; and (3) On July 9, 2012, FDASIA was enacted. reclassification process, the ‘‘valid consideration of comments from all Section 608(a) of FDASIA amended scientific evidence’’ upon which the affected stakeholders, including section 513(e) of the FD&C Act, Agency relies must be publicly patients, payors, and providers. changing the process for reclassifying a available. Publicly available information FDA held a meeting of a device device from rulemaking to an excludes trade secret and/or classification panel described in section administrative order. Section 608(b) of confidential commercial information, 513(b) of the FD&C Act with respect to FDASIA amended section 515(b) of the e.g., the contents of a pending PMA. NRP devices on December 6, 2012 (Ref. FD&C Act, changing the process for (See section 520(c) of the FD&C Act (21 1). The majority of the Panel requiring premarket approval for a U.S.C. 360j(c)).) Section 520(h)(4) of the recommended that NRP devices for preamendments class III device from FD&C Act, added by FDAMA, provides temporary ventricular support remain in rulemaking to an administrative order. that FDA may use, for reclassification of class III (subject to premarket approval a device, certain information in a PMA application) because there was A. Reclassification 6 years after the application has been insufficient information to establish FDA is reclassifying NRP devices for approved. This can include information special controls, and that the cardiopulmonary and circulatory bypass from clinical and non-clinical tests or application of general controls is from class III to class II (special studies that demonstrate the safety or insufficient to provide a reasonable controls) and renaming these devices effectiveness of the device but does not assurance of safety and effectiveness for from ‘‘Nonroller-type cardiopulmonary include descriptions of methods of NRP devices, which are life-supporting bypass blood pump’’ to ‘‘Nonroller-type manufacture or product composition devices (Ref. 2). blood pump.’’ and other trade secrets. FDA published a proposed order in Section 513(e) of the FD&C Act Section 513(e)(1) of the FD&C Act sets the Federal Register of January 7, 2014, governs reclassification of classified forth the process for issuing a final order that satisfied the requirements of section preamendments devices. This section for reclassifying a device. Specifically, 515(b)(2) of the FD&C Act, which provides that FDA may, by prior to the issuance of a final order provides that a proposed order to administrative order, reclassify a device reclassifying a device, the following require premarket approval shall based upon ‘‘new information.’’ FDA must occur: (1) Publication of a contain: (1) The proposed order; (2) can initiate a reclassification under proposed order in the Federal Register; proposed findings with respect to the section 513(e) of the FD&C Act or an (2) a meeting of a device classification degree of risk of illness or injury interested person may petition FDA to panel described in section 513(b) of the designed to be eliminated or reduced by

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requiring the device to have an responsible for such shipment may be NRP devices for cardiopulmonary and approved PMA and the benefit to the subject to prosecution under section 303 circulatory bypass (Ref. 2). FDA agrees public from the use of the device; (3) an of the FD&C Act (21 U.S.C. 333). FDA with the Panel’s recommendation and opportunity for the submission of requests that manufacturers take action believes that because special controls comments on the proposed order and to prevent the further use of devices for are able to provide a reasonable the proposed findings; and (4) an which no PMA has been filed. assurance of safety and effectiveness, opportunity to request a change in the the requirement of a PMA for these II. Public Comments in Response to the classification of the device based on devices is not necessary. By contrast, Proposed Order new information relevant to the the majority of the Panel believed there classification of the device. FDA In response to the January 7, 2014, remains insufficient valid scientific received and has considered two proposed order to reclassify NRP evidence to determine that general and comments on the proposed order as devices for cardiopulmonary and special controls would provide a discussed in section II of this document. circulatory bypass into class II and to reasonable assurance of safety and A preamendments class III device require the filing of a PMA for NRP effectiveness of NRP devices for may be commercially distributed devices for temporary ventricular temporary ventricular support. FDA without a PMA until 90 days after FDA support, FDA received two comments. agrees with the Panel’s recommendation issues a final order requiring premarket One comment disagreed with FDA’s and as a result, NRP devices for approval for the device, or 30 months proposal to reclassify NRP devices for temporary ventricular support will after final classification of the device cardiopulmonary and circulatory bypass remain in class III and require under section 513 of the FD&C Act, as a class II medical device. The premarket approval. whichever is later. Since NRP devices comment stated general concerns that Another comment supported FDA’s (the preamendments class III devices reclassification would result in the loss proposal to call for PMAs for NRP that are the subject of this final order) of important safeguards that are devices for temporary ventricular were classified in 1980, the 30-month provided by authorities under the PMA support, but disagreed with FDA’s period has expired (45 FR 7959, regime, including proof of safety and intent to reclassify NRP devices for February 5, 1980). Thus, for these efficacy based on short-term clinical cardiopulmonary and circulatory devices, the later of these two time trials, reporting of postmarket long-term bypass, stating that ‘‘down-classification periods is the 90-day period. Therefore, clinical data as a condition of approval, . . . would create an enormous and section 501(f)(2)(B) of the FD&C Act (21 inspection of manufacturing facilities dangerous loophole’’ by which devices U.S.C. 351(f)(2)(B)) requires that a PMA prior to approval of a device, and the cleared by the 510(k) process for a for such devices be filed within 90 days ability to rescind the approval of ‘‘particular indication’’ could be used of the date of issuance of this final devices if the device is later found to be ‘‘off-label for treatments that require a order. If a PMA is not filed for such unsafe. FDA disagrees with this PMA.’’ FDA notes in response to this devices within 90 days after the comment. Currently, NRP devices are comment that generally, FDA regulates issuance of this final order, the device typically regulated through the 510(k) the use of a device as indicated by the will be deemed adulterated under pathway; therefore, reclassification of party offering the device for interstate section 501(f) of the FD&C Act. NRP devices for cardiopulmonary and commerce. The indications for NRP Also, a preamendments device subject circulatory bypass to class II will not devices for cardiopulmonary and to a call for PMAs under section 515(b) result in the loss of current safeguards, circulatory bypass will be limited by the of the FD&C Act is not required to have as the regulatory pathway for these codified identification in an approved investigational device devices will remain the same. FDA § 870.4360(a)(1) (21 CFR 870.4360(a)(1)). exemption (IDE) (see part 812 (21 CFR places a device in the lowest The commenter also expressed part 812)) contemporaneous with its classification that would provide concern that special controls were interstate distribution until the date reasonable assurance of the safety and insufficient to mitigate the risk of stroke, identified by FDA in the final order effectiveness of the device. Under peripheral emboli, or death associated requiring the filing of a PMA for the section 513(a)(1)(B) of the FD&C Act, a with NRP devices for cardiopulmonary device. At that time, an IDE is required class II device is defined as a device and circulatory bypass. FDA disagrees only if a PMA has not been filed for which cannot be classified as a class I with the commenter. Under section NRP devices for temporary ventricular device because the general controls by 513(a)(1)(C) of the FD&C Act, a class III support. If the manufacturer, importer, themselves are insufficient to provide device is defined as a device which (1) or other sponsor of the device submits reasonable assurance of the safety and cannot be classified as a class I device an IDE application and FDA approves it, effectiveness of the device, and for because insufficient information exists the device may be distributed for which there is sufficient information to to determine that the application of investigational use. If a PMA is not filed establish special controls to provide general controls are sufficient to provide by the later of the two dates, and the such assurance. The Panel reasonable assurance of the safety and device is not distributed for recommended that NRP devices for effectiveness of the device; (2) cannot be investigational use under an IDE, the cardiopulmonary and circulatory bypass classified as a class II device because device is deemed to be adulterated be classified as class II because they insufficient information exists to within the meaning of section believed that there is significant determine that the special controls 501(f)(1)(A) of the FD&C Act, and knowledge and data regarding the safety would provide reasonable assurance of subject to seizure and condemnation and effectiveness of NRP devices for its safety and effectiveness; and (3) is under section 304 of the FD&C Act (21 cardiopulmonary and circulatory purported or represented to be for a use U.S.C. 334) if its distribution continues. bypass, based on the device’s long in supporting or sustaining human life Other enforcement actions include, but history of use in cardiopulmonary and or for a use that is of substantial are not limited to, the following: circulatory bypass procedures (Ref. 2). importance in preventing impairment of Shipment of devices in interstate The Panel believed that the application human health, or presents a potential commerce may be subject to injunction of general and special controls is unreasonable risk of illness or injury. under section 302 of the FD&C Act (21 sufficient to provide reasonable FDA believes that sufficient information U.S.C. 332), and the individuals assurance of safety and effectiveness for exists for NRP devices used for

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cardiopulmonary and circulatory bypass these devices means that companies devices on or before 180 days after FDA to establish special controls that, manufacturing new models with unique files the application. Any other class III together with general controls, can characteristics in the future would not preamendments device subject to this provide a reasonable assurance of safety be required to prove that their products order that was not in commercial and effectiveness and mitigate the risks are safe or effective. The companies distribution before May 28, 1976, is to health identified in the proposed would only need to prove that their required to have an approved PMA in order (79 FR 765 at 769, January 7, products are substantially equivalent to effect before it may be marketed. 2014). Stroke, peripheral emboli, and other NRPs for cardiopulmonary and If a PMA or a notice of completion of death are potential clinical circulatory bypass already on the a PDP for any of the class III consequences of the identified risks to market, and would not require scientific preamendments NRP devices intended health and are therefore addressed by evidence to ensure equivalent safety or for temporary ventricular support is not mitigating the risks to health through efficacy.’’ FDA disagrees with this filed on or before the 90th day after the the general and special controls. comment. FDA believes that the special effective date of this final order, that Specifically, in the proposed order (79 controls will provide a reasonable device will be deemed adulterated FR 765 at 769), FDA determined that assurance of safety and effectiveness for under section 501(f)(1)(A) of the FD&C embolism was a risk to health associated NRP devices indicated for Act, and commercial distribution of the with use of NRP devices for temporary cardiopulmonary and circulatory device must cease. The device may, cardiopulmonary and circulatory bypass. Conformance with the identified however, be distributed for bypass. We explicitly noted that special controls will provide a investigational use, if the requirements improper design of the device may reasonable assurance of safety and of the IDE regulations (part 812) are met. cause the generation of gaseous, effectiveness for the available predicate B. NRP Device for Cardiopulmonary and particular, or thrombotic emboli, which NRPs when indicated for Circulatory Bypass can result in debilitating or fatal cardiopulmonary and circulatory complications such as stroke, peripheral bypass. Future devices claiming Following the effective date of this emboli, or death. However, this risk to substantial equivalence to an available final order, firms submitting a 510(k) health is mitigated through non-clinical predicate(s) must demonstrate that they premarket notification for a NRP device performance testing and labeling are substantially equivalent, as defined for cardiopulmonary and circulatory (special controls (a)(2)(i) and (iv) in the under section 513(i) of the FD&C Act, to bypass must comply with the particular codified section of this document). Non- the predicate device and comply with mitigation measures set forth in the clinical performance testing evaluates all applicable FDA regulations. Future codified special controls. the design of the device to ensure that devices will also need to comply with Section 510(m) of the FD&C Act the device does not generate gaseous, the special controls in order to be provides that FDA may exempt a class particular, or thrombotic emboli, which classified into class II. II device from the premarket notification could cause stroke, peripheral emboli, requirements under section 510(k) of the III. The Final Order or death. Further, the labeling will FD&C Act if FDA determines that provide information regarding the Under sections 513(e) and 515(b) of premarket notification is not necessary duration of use to minimize the risk of the FD&C Act, FDA is adopting its to provide reasonable assurance of the embolism. The Panel concluded that findings as published in the proposed safety and effectiveness of the devices. these special controls were sufficient to order (79 FR 765). FDA is issuing this FDA has determined that premarket mitigate the identified risks to health final order to reclassify NRP devices for notification is necessary to provide and provide reasonable assurance of cardiopulmonary and circulatory bypass reasonable assurance of safety and safety and effectiveness for NRP devices from class III to class II and establish effectiveness of NRP devices for for cardiopulmonary and circulatory special controls. In addition, FDA is cardiopulmonary and circulatory bypass (Ref. 2). FDA agrees with the issuing this final order to require the bypass, and therefore, this device type Panel’s recommendation. filing of a PMA for NRP devices for is not exempt from premarket The commenter also provided a temporary ventricular support. notification requirements. summary of adverse event reports for In accordance with the proposed An applicant whose device was this device type from FDA’s order, this final order will revise the legally in commercial distribution Manufacturer and User Facility Device title and identification of the regulation before May 28, 1976, or whose device Experience (MAUDE) database to for NRP devices in 21 CFR part 870 to has been found to be substantially support the perspective that reflect the different types of NRP equivalent to such a device, and who reclassification is inappropriate for NRP devices, their respective intended uses, does not intend to market such device devices for cardiopulmonary and and their respective classifications. for uses other than cardiopulmonary circulatory bypass. FDA is aware of this and circulatory bypass, must remove A. NRP Device for Temporary data, fully considered this information uses other than cardiopulmonary and Ventricular Support prior to the proposed reclassification, circulatory bypass from the device’s and presented the adverse event Under the final order, a PMA is labeling and comply with the special information to the 2012 Panel that required to be filed on or before 90 days controls to remain legally on the market. ultimately recommended that FDA after the date of publication of the final IV. Environmental Impact reclassify NRP devices for order in the Federal Register for any cardiopulmonary and circulatory bypass class III preamendments NRP devices The Agency has determined under 21 from class III to class II (special for temporary ventricular support that CFR 25.30 (h) and 25.34(b) that this controls). FDA agrees with this were in commercial distribution before action is of a type that does not recommendation because special May 28, 1976, or that have been found individually or cumulatively have a controls established by this final order by FDA to be substantially equivalent to significant effect on the human can provide a reasonable assurance of such a device on or before 90 days after environment. Therefore, neither an safety and effectiveness. the date of publication of the final order environmental assessment nor an The commenter further expressed in the Federal Register. An approved environmental impact statement is concern that ‘‘down-classification of PMA is required to be in effect for these required.

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V. Paperwork Reduction Act of 1995 1. FDA Circulatory System Devices Panel of (iii) Sterility and shelf life testing the Medical Devices Advisory This final order refers to previously must demonstrate the sterility of Committee Meeting, December 5–6, patient-contacting components and the approved collections of information 2012, available at http://www.fda.gov/ found in FDA regulations. These AdvisoryCommittees/Calendar/ shelf life of these components; and collections of information are subject to ucm327178.htm. (iv) Labeling must include review by the Office of Management and 2. Transcript of the December 6, 2012, information regarding the duration of Budget (OMB) under the Paperwork meeting of the Circulatory System use, and a detailed summary of the Reduction Act of 1995 (44 U.S.C. 3501– Devices Panel, available at http:// device- and procedure-related 3520). The collections of information in www.fda.gov/downloads/ AdvisoryCommittees/ complications pertinent to use of the part 812 have been approved under CommitteesMeetingMaterials/ device. OMB control number 0910–0078; the MedicalDevices/ collections of information in part 807, (b) Nonroller-type temporary MedicalDevicesAdvisoryCommittee/ ventricular support blood pump—(1) subpart E, have been approved under CirculatorySystemDevicesPanel/ OMB control number 0910–0120; the UCM335464.pdf. Identification. A nonroller-type collections of information in 21 CFR temporary ventricular support blood List of Subjects in 21 CFR Part 870 part 814, subpart B, have been approved pump is a prescription device that uses under OMB control number 0910–0231; Medical devices. any method resulting in blood and the collections of information under Therefore, under the Federal Food, propulsion to provide the temporary 21 CFR part 801 have been approved Drug, and Cosmetic Act and under ventricular assistance required for under OMB control number 0910–0485. authority delegated to the Commissioner support of the systemic and/or pulmonary circulations during periods VI. Codification of Orders of Food and Drugs, 21 CFR part 870 is amended as follows: when there is ongoing or anticipated Prior to the amendments by FDASIA, hemodynamic instability due to section 513(e) provided for FDA to issue PART 870—CARDIOVASCULAR immediately reversible alterations in regulations to reclassify devices and DEVICES ventricular myocardial function section 515(b) of the FD&C Act provided resulting from mechanical or ■ 1. The authority citation for 21 CFR for FDA to issue regulations to require physiologic causes. Duration of use part 870 continues to read as follows: approval of an application for premarket would be less than 6 hours. approval for preamendment devices or Authority: 21 U.S.C. 351, 360, 360c, 360e, devices found to be substantially 360j, 371. (2) Classification. Class III (premarket approval). equivalent to preamendments devices. ■ 2. Revise § 870.4360 to read as Sections 513(e) and 515(b) as amended follows: (c) Date premarket approval require FDA to issue final orders rather application (PMA) or notice of than regulations, and FDASIA provided § 870.4360 Nonroller-type blood pump. completion of product development for FDA to revoke previously issued (a) Nonroller-type cardiopulmonary protocol (PDP) is required. A PMA or regulations by order. FDA will continue and circulatory bypass blood pump—(1) notice of completion of a PDP is to codify classifications and Identification. A nonroller-type required to be filed with FDA on or reclassifications in the Code of Federal cardiopulmonary and circulatory bypass before September 8, 2015, for any Regulations. Changes resulting from blood pump is a prescription device that nonroller-type temporary ventricular final orders will appear in the CFR as uses a method other than revolving support blood pump that was in changes to codified classification rollers to pump the blood through an commercial distribution before May 28, determinations or as newly codified extracorporeal circuit for periods lasting 1976, or that has, on or before less than 6 hours for the purpose of orders. Therefore, under section September 8, 2015, been found to be 513(e)(1)(A)(i) of the FD&C Act, as providing either: substantially equivalent to any amended by FDASIA, in this final order, (i) Full or partial cardiopulmonary nonroller-type temporary ventricular we are revoking the requirements in bypass (i.e., circuit includes an support blood pump that was in § 870.4360 related to the classification oxygenator) during open surgical of NRP devices for cardiopulmonary procedures on the heart or great vessels; commercial distribution before May 28, and circulatory bypass as class III or 1976. Any other nonroller-type devices and codifying the (ii) Temporary circulatory bypass for temporary ventricular support blood reclassification of these devices into diversion of flow around a planned pump shall have an approved PMA or class II. disruption of the circulatory pathway declared completed PDP in effect before necessary for open surgical procedures being placed in commercial VII. References on the aorta or vena cava. distribution. The following references have been (2) Classification—Class II (special Dated: June 2, 2015. placed on display in the Division of controls). The special controls for this Leslie Kux, Dockets Management (HFA–305), Food device are: and Drug Administration, 5630 Fishers (i) Non-clinical performance testing Associate Commissioner for Policy. Lane, Rm. 1061, Rockville, MD 20852, must perform as intended over the [FR Doc. 2015–13889 Filed 6–5–15; 8:45 am] and may be seen by interested persons intended duration of use and BILLING CODE 4164–01–P between 9 a.m. and 4 p.m., Monday demonstrate the following: Operating through Friday, and are available parameters, dynamic blood damage, electronically at http:// heat generation, air entrapment, www.regulations.gov. (FDA has verified mechanical integrity, and durability/ the Web site addresses, but we are not reliability; responsible for any subsequent changes (ii) The patient-contacting to the Web sites after this document components of the device must be publishes in the Federal Register.) demonstrated to be biocompatible;

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DEPARTMENT OF HOMELAND Manager, Docket Operations, telephone DEPARTMENT OF HOMELAND SECURITY (202) 366–9826. SECURITY SUPPLEMENTARY INFORMATION: The Long Coast Guard Beach Bridge, mile 4.7, across Reynolds Coast Guard Channel has a vertical clearance in the 33 CFR Part 117 closed position of 22 feet at mean high 33 CFR Part 165 [Docket No. USCG–2015–0401] water and 24 feet at mean low water. The existing bridge operating [Docket No. USCG–2015–0362] Drawbridge Operation Regulation; regulations are found at 33 CFR Reynolds Channel, Nassau, NY 117.799(g). Safety Zones; Recurring Events in Reynolds Channel is transited by Captain of the Port Boston Zone AGENCY: Coast Guard, DHS. commercial fishing and recreational ACTION: AGENCY Notice of deviation from vessel traffic. : Coast Guard, DHS. drawbridge regulation. Nassau County Department of Public ACTION: Notice of enforcement of SUMMARY: The Coast Guard has issued a Works requested this temporary regulation. temporary deviation from the operating deviation from the normal operating schedule that governs the Long Beach schedule to facilitate a public event, the SUMMARY: The Coast Guard will enforce Bridge, across Reynolds Channel, mile City of Long Beach Annual Fireworks the safety zones in the Captain of the 4.7, at Nassau, New York. This Display. Port Boston Zone on the specified dates temporary deviation is necessary to Under this temporary deviation, the and times listed below. This action is facilitate the Annual Salute to Veterans Long Beach Bridge may remain in the necessary to ensure the protection of the and Fireworks Display. This deviation closed position between 9:30 p.m. on maritime public and event participants allows the bridge to remain in the June 27, 2015 and 12:00 a.m. on June 28, from the hazards associated with these closed position during this public event. 2015 (rain date June 28, 2015). annual recurring events. Under the DATES: This deviation is effective from There is no alternate route for vessel provisions in the CFR, no person or 9:30 p.m. on June 27, 2015 to 12 a.m. traffic; however, vessels that can pass vessel, except for the safety vessels on June 28, 2015. under the closed draws during this assisting with these events may enter closure may do so at any time. The the safety zones unless given permission ADDRESSES: The docket for this bridge will be able to open in the event deviation, [USCG–2015–0401] is from the COTP or the designated on- of an emergency. available at http://www.regulations.gov. scene representative. The Coast Guard The Coast Guard will inform the users Type the docket number in the may be assisted by other Federal, State, of the waterway through our Local and ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ or local law enforcement agencies in Broadcast Notice to Mariners of the Click on Open Docket Folder on the line enforcing this regulation. change in operating schedule for the associated with this deviation. You may DATES: The regulation for these safety bridge so that vessels can arrange their also visit the Docket Management zones described in 33 CFR 165.118 will transits to minimize any impact caused Facility in Room W12–140, on the be enforced on the dates and times by the temporary deviation. ground floor of the Department of listed in the table below. In accordance with 33 CFR 117.35(e), Transportation West Building, 1200 the drawbridge must return to its regular FOR FURTHER INFORMATION CONTACT: If New Jersey Avenue SE., Washington, operating schedule immediately at the you have questions on this document, DC, 20590, between 9 a.m. and 5 p.m., end of the effective period of this call or email Mr. Mark Cutter, Coast Monday through Friday, except Federal temporary deviation. This deviation Guard Sector Boston Waterways holidays. from the operating regulations is Management Division, telephone 617– FOR FURTHER INFORMATION CONTACT: If authorized under 33 CFR 117.35. 223–4000, email Mark.E.Cutter@ you have questions on this temporary uscg.mil. deviation, contact Ms. Judy K. Leung- Dated: May 27, 2015. Yee, Project Officer, First Coast Guard C.J. Bisignano, SUPPLEMENTARY INFORMATION: The Coast District, telephone (212) 514–4330, Supervisory Bridge Management Specialist, Guard will enforce the safety zones email [email protected]. If you First Coast Guard District. listed in 33 CFR 165.118 on the have questions on viewing the docket, [FR Doc. 2015–13920 Filed 6–5–15; 8:45 am] specified dates and times as indicated in call Ms. Cheryl Collins, Program BILLING CODE 9110–04–P Table 1 below.

TABLE 1

6.3 Surfside Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Salisbury Beach Partnership and Chamber of Commerce. • Date: Every Saturday from June 27, 2015 through September 5, 2015. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach, MA, within a 350-yard radius of the fire- works barge located at position 42°50.6′ N., 070°48.4′ W. (NAD 83). 6.5 Hull Youth Football Carnival • Event Type: Fireworks Display. Fireworks. • Sponsor: Hull Youth Football. • Date: June 20, 2015. • Time: 9:30 p.m. to 10:30 p.m. • Location: All waters within a 450-foot radius of the fireworks barge located approximately 500 feet of off Nantasket Beach, Hull MA located at position 42°16.6′ N., 070°51.7′ W. (NAD 83).

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This document is issued under Chicago Harbor, Navy Pier Southeast, DEPARTMENT OF COMMERCE authority of 33 CFR 165.118 and 5 Chicago, IL listed in 33 CFR 165.931, on U.S.C. 552(a). In addition to this each Saturday from 10:00 p.m. until National Oceanic and Atmospheric notification in the Federal Register, the 10:30 p.m. and each Wednesday from Administration Coast Guard will provide mariners with 9:15 p.m. until 9:45 p.m. during the advanced notification of enforcement period starting May 20, 2015 through 50 CFR Part 300 periods via the Local Notice to Mariners September 5, 2015. Additionally, this [Docket No. 150406346–5346–01] and Broadcast Notice to Mariners. If the safety zone will also be enforced from RIN 0648–XD972 COTP determines that these regulated 10:00 p.m. until 10:30 p.m. on areas need not be enforced for the full September 12, 2015; and from 11:45 International Fisheries; Western and duration stated in this notice, a p.m. on December 31, 2015 until 12:30 Central Pacific Fisheries for Highly Broadcast Notice to Mariners may be a.m. on January 1, 2016. Migratory Species; Closure of Purse used to grant general permission to Seine Fishery in the ELAPS in 2015 enter these regulated areas. This safety zone encompasses the waters of Lake Michigan within Chicago Dated: May 18, 2015. AGENCY: National Marine Fisheries Harbor bounded by coordinates J.C. O’Connor III, Service (NMFS), National Oceanic and beginning at 41°53′26.5″ N., Atmospheric Administration (NOAA), Captain, U.S. Coast Guard, Captain of the 087°35′26.5″ W.; then south to Port Boston. Commerce. 41°53′7.6″ N., 087°35′26.3″ W.; then [FR Doc. 2015–13926 Filed 6–5–15; 8:45 am] ACTION: Temporary rule; fishery closure. west to 41°53′7.6″ N., 087°36′23.2″ W.; BILLING CODE 9110–04–P then north to 41°53′26.5″ N., SUMMARY: NMFS announces that the 087°36′24.6″ W.; then east back to the purse seine fishery in the Effort Limit Area for Purse Seine, or ELAPS, will DEPARTMENT OF HOMELAND point of origin (NAD 83). All vessels close as a result of reaching the 2015 SECURITY must obtain permission from the Captain of the Port Lake Michigan, or an limit on purse seine fishing effort in the Coast Guard on-scene representative to enter, move ELAPS. This action is necessary for the within or exit the safety zone. Vessels United States to implement provisions of a conservation and management 33 CFR Part 165 and persons granted permission to enter measure adopted by the Commission for the safety zone shall obey all lawful [Docket No. USCG–2013–0320] the Conservation and Management of orders or directions of the Captain of the RIN 1625–AA00 Highly Migratory Fish Stocks in the Port Lake Michigan, or an on-scene Western and Central Pacific Ocean representative. Safety Zone; Chicago Harbor, Navy (WCPFC or Commission) and to satisfy Pier Southeast, Chicago, IL This document is issued under the obligations of the United States authority of 33 CFR 165.931 and 5 under the Convention on the AGENCY: Coast Guard, DHS. U.S.C. 552(a). In addition to this Conservation and Management of ACTION: Notice of enforcement of publication in the Federal Register, the Highly Migratory Fish Stocks in the regulation. Coast Guard will provide the maritime Western and Central Pacific Ocean community with advance notification of (Convention), to which it is a SUMMARY: The Coast Guard will enforce these enforcement periods via broadcast Contracting Party. the Navy Pier Southeast Safety Zone Notice to Mariners or Local Notice to DATES: Effective 00:00 on June 15, 2015 within the Chicago Harbor during Mariners. If the Captain of the Port Lake Universal Coordinated Time (UTC), specified periods from May 20, 2015 until 24:00 on December 31, 2015 UTC. through January 1, 2016. This action is Michigan determines that the safety FOR FURTHER INFORMATION CONTACT: Tom necessary and intended to ensure safety zone need not be enforced for the full Graham, NMFS Pacific Islands Regional of life on the navigable waters of the duration stated in this document, she Office, 808–725–5032. United States immediately prior to, may suspend enforcement and provide during, and immediately after various notice via a Broadcast Notice to SUPPLEMENTARY INFORMATION: U.S. purse firework events. During the enforcement Mariners. The Captain of the Port Lake seine fishing in the area of application periods listed below, no person or Michigan or her on-scene representative of the Convention, or Convention Area, vessel may enter the safety zone without may be contacted via VHF Channel 16. is managed, in part, under the Western and Central Pacific Fisheries permission of the Captain of the Port Dated: May 18, 2015. Lake Michigan. Convention Implementation Act (16 A.B. Cocanour, U.S.C. 6901 et seq.). Regulations DATES: The regulations in 33 CFR Captain, U.S. Coast Guard, Captain of the implementing the Act are at 50 CFR part 165.931 will be enforced from 9:15 p.m. Port, Lake Michigan. 300, subpart O. On behalf of the on May 20, 2015 through 12:30 a.m. on [FR Doc. 2015–13921 Filed 6–5–15; 8:45 am] Secretary of Commerce, NMFS January 1, 2016, on the dates and times promulgates regulations under the Act listed in the SUPPLEMENTARY BILLING CODE 9110–04–P as may be necessary to carry out the INFORMATION section. obligations of the United States under FOR FURTHER INFORMATION CONTACT: If the Convention, including you have questions on this document, implementation of the decisions of the call or email LT Lindsay Cook, Commission. Waterways Management Division, Pursuant to WCPFC Conservation and Marine Safety Unit Chicago, telephone Management Measure 2014–01, NMFS 630–986–2155, email address D09-DG- issued regulations that established a [email protected]. limit of 1,828 fishing days that may be SUPPLEMENTARY INFORMATION: The Coast used by U.S. purse seine fishing vessels Guard will enforce the Safety Zone; in the ELAPS in calendar year 2015 (see

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interim rule at 80 FR 29220, published in the ELAPS will be closed starting at action is necessary for the United States May 21, 2015, to be codified at 50 CFR 00:00 on June 15, 2015 UTC, and will to comply with its obligations under the 300.223). The ELAPS consists of the remain closed until 24:00 on December Convention and is important for the areas of the U.S. EEZ and the high seas 31, 2015 UTC. Accordingly, it shall be conservation and management of bigeye that are in the Convention Area between prohibited for any fishing vessel of the tuna, yellowfin tuna, and skipjack tuna the latitudes of 20° N. and 20° S. (see United States equipped with purse seine in the western and central Pacific definition at 50 CFR 300.211). A fishing gear to be used for fishing in the ELAPS Ocean. For the same reasons, there is day means any day in which a fishing from 00:00 on June 15, 2015 UTC until good cause under 5 U.S.C. 553(d)(3) to vessel of the United States equipped 24:00 December 31, 2015 UTC. establish an effective date less than 30 with purse seine gear searches for fish, Classification days after the date of publication of this deploys a fish aggregating device (FAD), notice. services a FAD, or sets a purse seine, There is good cause under 5 U.S.C. This action is required by 50 CFR with the exception of setting a purse 553(b)(B) to waive prior notice and seine solely for the purpose of testing or opportunity for public comment on this 300.223(a) and is exempt from review cleaning the gear and resulting in no action. Compliance with the notice and under Executive Order 12866. catch (see definition at 50 CFR 300.211). comment requirement would be Authority: 16 U.S.C. 6901 et seq. Based on data submitted in logbooks impracticable and contrary to the public Dated: June 3, 2015. and other available information, NMFS interest, since NMFS would be unable expects that the limit of 1,828 fishing to ensure that the 2015 limit on purse Emily H. Menashes, days in the ELAPS will be reached, and seine fishing effort in the ELAPS is not Acting Director, Office of Sustainable in accordance with the procedures exceeded. This action is based on the Fisheries, National Marine Fisheries Service. established at 50 CFR 300.223(a), best available information on U.S. purse [FR Doc. 2015–13904 Filed 6–5–15; 8:45 am] announces that the purse seine fishery seine fishing effort in the ELAPS. The BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 80, No. 109

Monday, June 8, 2015

This section of the FEDERAL REGISTER 7086–1064; fax: 49 0 33–7086–3276. Community, has issued EASA AD 2015– contains notices to the public of the proposed You may view this service information 0056, dated March 31, 2015 (referred to issuance of rules and regulations. The at the FAA, Engine & Propeller hereinafter as ‘‘the MCAI’’), to correct an purpose of these notices is to give interested Directorate, 12 New England Executive unsafe condition for the specified persons an opportunity to participate in the Park, Burlington, MA. For information products. The MCAI states: rule making prior to the adoption of the final rules. on the availability of this material at the A recent analysis identified the need to FAA, call 781–238–7125. reduce the existing cyclic life limit of certain high-pressure turbine (HPT) stage 1 discs, Examining the AD Docket DEPARTMENT OF TRANSPORTATION part number (P/N) JR32013, as compared You may examine the AD docket on with the values published in RRD Tay 650 Federal Aviation Administration the Internet at http:// and Tay 651 engine Time Limit Manuals www.regulations.gov by searching for (TLM), Chapter 05–10–01. Operation of the affected HPT Stage 1 disc 14 CFR Part 39 and locating Docket No. FAA–2015– P/N JR32013 beyond the reduced cyclic life 1014; or in person at the Docket [Docket No. FAA–2015–1014; Directorate limit would likely result in an unsafe Identifier 2015–NE–14–AD] Operations office between 9 a.m. and 5 condition. p.m., Monday through Friday, except This condition, if not corrected, could lead RIN 2120–AA64 Federal holidays. The AD docket to part failure, possibly resulting in release of contains this proposed AD, the high energy debris with consequent damage Airworthiness Directives; Rolls-Royce mandatory continuing airworthiness to the aeroplane and/or injury to the Deutschland Ltd & Co KG Turbofan information (MCAI), the regulatory occupants. Engines evaluation, any comments received, and You may obtain further information AGENCY: Federal Aviation other information. The address for the by examining the MCAI in the AD Administration (FAA), DOT. Docket Office (phone: 800–647–5527) is docket on the Internet at http:// ADDRESSES www.regulations.gov by searching for ACTION: Notice of proposed rulemaking in the section. Comments and locating Docket No. FAA–2015– (NPRM). will be available in the AD docket shortly after receipt. 1014. SUMMARY: We propose to adopt a new FOR FURTHER INFORMATION CONTACT: Related Service Information Under 1 airworthiness directive (AD) for all Philip Haberlen, Aerospace Engineer, CFR Part 51 Rolls-Royce Deutschland Ltd & Co KG Engine Certification Office, FAA, Engine (RRD) Tay 650–15 and Tay 651–54 RRD has issued Alert Non- & Propeller Directorate, 12 New England Modification Service Bulletin No. TAY– turbofan engines. This proposed AD was Executive Park, Burlington, MA 01803; 72–A1821, Revision 1, dated March 26, prompted by RRD updating the life phone: 781–238–7770; fax: 781–238– 2015. The service information describes limits for certain high-pressure turbine 7199; email: [email protected]. procedures for verifying if an applicable (HPT) disks. This proposed AD would SUPPLEMENTARY INFORMATION: HPT stage 1 disk is installed and for require reducing the cyclic life limits for removing the HPT stage 1 disk from certain HPT disks. We are proposing Comments Invited service. This service information is this AD to prevent failure of the HPT We invite you to send any written reasonably available because the disk, which could result in uncontained relevant data, views, or arguments about interested parties have access to it disk release, damage to the engine, and this NPRM. Send your comments to an through their normal course of business damage to the airplane. address listed under the ADDRESSES or by the means identified in the DATES: We must receive comments on section. Include ‘‘Docket No. FAA– ADDRESSES section of this NPRM. this proposed AD by August 7, 2015. 2015–1014; Directorate Identifier 2015– ADDRESSES: You may send comments by NE–14–AD’’ at the beginning of your FAA’s Determination and Requirements any of the following methods: comments. We specifically invite of This Proposed AD • Federal eRulemaking Portal: Go to comments on the overall regulatory, This product has been approved by http://www.regulations.gov. Follow the economic, environmental, and energy the aviation authority of Germany, and instructions for submitting comments. aspects of this NPRM. We will consider is approved for operation in the United • Mail: Docket Management Facility, all comments received by the closing States. Pursuant to our bilateral U.S. Department of Transportation, 1200 date and may amend this NPRM based agreement with the European New Jersey Avenue SE., West Building on those comments. Community, EASA has notified us of Ground Floor, Room W12–140, We will post all comments we the unsafe condition described in the Washington, DC 20590–0001. receive, without change, to http:// MCAI and service information • Hand Delivery: Deliver to Mail www.regulations.gov, including any referenced above. We are proposing this address above between 9 a.m. and 5 personal information you provide. We NPRM because we evaluated all p.m., Monday through Friday, except will also post a report summarizing each information provided by EASA and Federal holidays. substantive verbal contact we receive determined the unsafe condition exists • Fax: 202–493–2251. about this NPRM. and is likely to exist or develop on other For service information identified in products of the same type design. this proposed AD, contact Rolls-Royce Discussion Deutschland Ltd & Co KG, Eschenweg The European Aviation Safety Agency Costs of Compliance 11, Dahlewitz, 15827 Blankenfelde- (EASA), which is the Technical Agent We estimate that this proposed AD Mahlow, Germany; phone: 49 0 33– for the Member States of the European affects 23 engines installed on airplanes

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of U.S. registry. We also estimate that it The Proposed Amendment (f) Alternative Methods of Compliance would take about 0.5 hours per engine (AMOCs) to comply with this proposed AD. The Accordingly, under the authority The Manager, Engine Certification Office, average labor rate is $85 per hour. We delegated to me by the Administrator, FAA, may approve AMOCs for this AD. Use estimate that the pro-rated cost of the the FAA proposes to amend 14 CFR part the procedures found in 14 CFR 39.19 to life reduction would be about $23,053 39 as follows: make your request. You may email your per engine. Based on these figures, we request to: ANE–AD–[email protected]. PART 39—AIRWORTHINESS estimate the cost of this proposed AD on (g) Related Information DIRECTIVES U.S. operators to be $531,197. (1) For more information about this AD, contact Philip Haberlen, Aerospace Engineer, Authority for This Rulemaking ■ 1. The authority citation for part 39 Engine Certification Office, FAA, Engine & Title 49 of the United States Code continues to read as follows: Propeller Directorate, 12 New England specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. Executive Park, Burlington, MA 01803; rules on aviation safety. Subtitle I, phone: 781–238–7770; fax: 781–238–7199; section 106, describes the authority of § 39.13 [Amended] email: [email protected]. (2) Refer to MCAI European Aviation the FAA Administrator. ‘‘Subtitle VII: ■ 2. The FAA amends § 39.13 by adding Safety Agency AD 2015–0056, dated March Aviation Programs,’’ describes in more the following new airworthiness 31, 2015, for more information. You may detail the scope of the Agency’s directive (AD): examine the MCAI in the AD docket on the authority. Internet at http://www.regulations.gov by Rolls-Royce Deutschland Ltd & Co KG: searching for and locating it in Docket No. We are issuing this rulemaking under Docket No. FAA–2015–1014; Directorate FAA–2015–1014. the authority described in ‘‘Subtitle VII, Identifier 2015–NE–14–AD. Part A, Subpart III, Section 44701: (3) RRD Alert NMSB No. TAY–72–A1821, (a) Comments Due Date Revision 1, dated March 26, 2015, can be General requirements.’’ Under that obtained from RRD, using the contact We must receive comments by August 7, section, Congress charges the FAA with information in paragraph (g)(4) of this 2015. promoting safe flight of civil aircraft in proposed AD. air commerce by prescribing regulations (b) Affected ADs (4) For service information identified in for practices, methods, and procedures this proposed AD, contact Rolls-Royce None. the Administrator finds necessary for Deutschland Ltd & Co KG, Eschenweg 11, safety in air commerce. This regulation (c) Applicability Dahlewitz, 15827 Blankenfelde-Mahlow, Germany; phone: 49 0 33–7086–1064; fax: 49 is within the scope of that authority This AD applies to all Rolls-Royce 0 33–7086–3276. because it addresses an unsafe condition Deutschland Ltd & Co KG (RRD) Tay 650–15 (5) You may view this service information and Tay 651–54 turbofan engines with high- that is likely to exist or develop on at the FAA, Engine & Propeller Directorate, products identified in this rulemaking pressure turbine (HPT) stage 1 disk, part 12 New England Executive Park, Burlington, action. number (P/N) JR32013, installed. MA. For information on the availability of Regulatory Findings (d) Reason this material at the FAA, call 781–238–7125. This AD was prompted by RRD updating Issued in Burlington, Massachusetts, on We determined that this proposed AD the life limits for certain HPT disks. We are May 12, 2015. would not have federalism implications issuing this AD to prevent failure of the HPT Colleen M. D’Alessandro, under Executive Order 13132. This disk, which could result in uncontained disk Assistant Directorate Manager, Engine & proposed AD would not have a release, damage to the engine, and damage to Propeller Directorate, Aircraft Certification substantial direct effect on the States, on the airplane. Service. the relationship between the national (e) Actions and Compliance [FR Doc. 2015–13743 Filed 6–5–15; 8:45 am] Government and the States, or on the BILLING CODE 4910–13–P distribution of power and Comply with this AD within the responsibilities among the various compliance times specified, unless already levels of government. done. (1) After the effective date of this AD, use DEPARTMENT OF TRANSPORTATION For the reasons discussed above, I the Accomplishment Instruction, paragraph certify this proposed regulation: 3.A.(1)(b) of RRD Alert Non-Modification Federal Aviation Administration (1) Is not a ‘‘significant regulatory Service Bulletin (NMSB) No. TAY–72– action’’ under Executive Order 12866, A1821, Revision 1, dated March 26, 2015 to 14 CFR Part 39 (2) Is not a ‘‘significant rule’’ under calculate the HPT stage 1 disk consumed [Docket No. FAA–2015–0869; Directorate the DOT Regulatory Policies and cyclic life of the affected engines. Identifier 2015–NE–11–AD] (2) Remove the HPT stage 1 disk, P/N Procedures (44 FR 11034, February 26, JR32013, from service within 100 flight RIN 2120–AA64 1979), cycles after the effective date of this AD or (3) Will not affect intrastate aviation before exceeding the cyclic life limit as Airworthiness Directives; Pratt & in Alaska to the extent that it justifies defined below, whichever occurs later: Whitney Turbofan Engines making a regulatory distinction, and (i) For RRD Tay 650–15 engines and Flight AGENCY: Federal Aviation Plan A, the life limit is 18,900 flight cycles (4) Will not have a significant Administration (FAA), DOT. economic impact, positive or negative, since new (FCSN). (ii) For RRD Tay 650–15 engines and Flight ACTION: Notice of proposed rulemaking on a substantial number of small entities (NPRM). under the criteria of the Regulatory Plan B, the life limit is 15,500 FCSN. (iii) For RRD Tay 650–15 engines and Flexibility Act. SUMMARY Flight Plan C, the life limit is 11,500 FCSN. : We propose to adopt a new List of Subjects in 14 CFR Part 39 (iv) For RRD Tay 650–15 engines and airworthiness directive (AD) for all Pratt Flight Plan D, the life limit is 9,300 FCSN. & Whitney (PW) PW4164, PW4168, Air transportation, Aircraft, Aviation (v) For RRD Tay 651–54 engines regardless PW4168A, PW4164–1D, PW4168–1D, safety, Incorporation by reference, of flight plan or profile, the life limit is PW4168A–1D, and PW4170 turbofan Safety. 10,873 FCSN. engines. This proposed AD was

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prompted by crack finds in the 6th stage this NPRM. Send your comments to an we require the part to be removed. The low-pressure turbine (LPT) disk. This address listed under the ADDRESSES average labor rate is $85 per hour. We proposed AD would require removal of section. Include ‘‘Docket No. FAA– estimate that 6 of the engines will affected 6th stage LPT disks. We are 2015–0869; Directorate Identifier 2015– require replacement parts during an LPT proposing this AD to prevent failure of NE–11–AD’’ at the beginning of your shop visit, and that the prorated the 6th stage LPT disk, which could comments. We specifically invite replacement parts cost would be lead to an uncontained disk release, comments on the overall regulatory, $108,800 per engine. Based on these damage to the engine, and damage to the economic, environmental, and energy figures, we estimate the cost of this airplane. aspects of this NPRM. We will consider proposed AD on U.S. operators to be DATES: We must receive comments on all comments received by the closing $652,800. date and may amend this NPRM this proposed AD by August 7, 2015. Authority for this Rulemaking ADDRESSES: You may send comments, because of those comments. using the procedures found in 14 CFR We will post all comments we Title 49 of the United States Code 11.43 and 11.45, by any of the following receive, without change, to http:// specifies the FAA’s authority to issue methods: www.regulations.gov, including any rules on aviation safety. Subtitle I, • Federal eRulemaking Portal: Go to personal information you provide. We section 106, describes the authority of http://www.regulations.gov. Follow the will also post a report summarizing each the FAA Administrator. Subtitle VII: instructions for submitting comments. substantive verbal contact we receive Aviation Programs, describes in more • Fax: 202–493–2251. about this NPRM. detail the scope of the Agency’s • authority. Mail: U.S. Department of Discussion Transportation, Docket Operations, M– We are issuing this rulemaking under 30, West Building Ground Floor, Room We received reports of two crack finds the authority described in Subtitle VII, W12–140, 1200 New Jersey Avenue SE., in the front and rear knife-edge seals on Part A, Subpart III, Section 44701: Washington, DC 20590. the forward arm of the 6th stage LPT ‘‘General requirements.’’ Under that • Hand Delivery: Deliver to Mail disk during a scheduled heavy section, Congress charges the FAA with address above between 9 a.m. and 5 maintenance shop visit. The suspected promoting safe flight of civil aircraft in p.m., Monday through Friday, except root cause of the cracks is residual stress air commerce by prescribing regulations Federal holidays. introduced during knife-edge weld for practices, methods, and procedures For service information identified in repair. This condition, if not corrected, the Administrator finds necessary for this proposed AD, contact Pratt & could result in failure of the 6th stage safety in air commerce. This regulation Whitney, 400 Main St., East Hartford, LPT disk, which could lead to an is within the scope of that authority CT 06108; phone: 860–565–8770; fax: uncontained disk release, damage to the because it addresses an unsafe condition 860–565–4503. You may view this engine, and damage to the airplane. that is likely to exist or develop on service information at the FAA, Engine Related Service Information Under 1 products identified in this rulemaking & Propeller Directorate, 12 New England CFR Part 51 action. Executive Park, Burlington, MA. For We reviewed PW Service Bulletin No. Regulatory Findings information on the availability of this PW4G–100–72–252, dated November material at the FAA, call 781–238–7125. We determined that this proposed AD 18, 2014. This service information would not have federalism implications Examining the AD Docket identifies and directs removal of the under Executive Order 13132. This You may examine the AD docket on suspect 6th stage LPT disks. This proposed AD would not have a the Internet at http:// service information is reasonably substantial direct effect on the States, on www.regulations.gov by searching for available because the interested parties the relationship between the national and locating Docket No. FAA–2015– have access to it through their normal Government and the States, or on the 0869; or in person at the Docket course of business or see ADDRESSES for distribution of power and Management Facility between 9 a.m. other ways to access this service responsibilities among the various and 5 p.m., Monday through Friday, information. levels of government. except Federal holidays. The AD docket FAA’s Determination For the reasons discussed above, I contains this proposed AD, the certify this proposed regulation: We are proposing this NPRM because regulatory evaluation, any comments we evaluated all the relevant (1) Is not a ‘‘significant regulatory received, and other information. The information and determined the unsafe action’’ under Executive Order 12866, street address for the Docket Office condition described previously is likely (2) Is not a ‘‘significant rule’’ under (phone: 800–647–5527) is in the to exist or develop in other products of the DOT Regulatory Policies and ADDRESSES section. Comments will be the same type design. Procedures (44 FR 11034, February 26, available in the AD docket shortly after 1979), receipt. Proposed AD Requirements (3) Will not affect intrastate aviation FOR FURTHER INFORMATION CONTACT: This NPRM would require removing in Alaska to the extent that it justifies Katheryn Malatek, Aerospace Engineer, certain serial number 6th stage LPT making a regulatory distinction, and Engine Certification Office, FAA, Engine disks, part number 50N886. (4) Will not have a significant & Propeller Directorate, 12 New England economic impact, positive or negative, Executive Park, Burlington, MA 01803; Costs of Compliance on a substantial number of small entities phone: 781–238–7747; fax: 781–238– We estimate that this proposed AD under the criteria of the Regulatory 7199; email: [email protected]. would affect 18 engines installed on Flexibility Act. SUPPLEMENTARY INFORMATION: airplanes of U.S. registry. We also List of Subjects in 14 CFR Part 39 estimate that no additional hours would Comments Invited be required per engine to comply with Air transportation, Aircraft, Aviation We invite you to send any written this proposed AD because the engine is safety, Incorporation by reference, relevant data, views, or arguments about already disassembled in the shop when Safety.

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The Proposed Amendment 01803; phone: 781–238–7747; fax: 781–238– Monday through Friday, except Federal 7199; email: [email protected]. holidays. The telephone number is 202– Accordingly, under the authority (2) PW SB No. PW4G–100–72–252, dated delegated to me by the Administrator, 366–9329. November 18, 2014, can be obtained from See the ‘‘Public Participation and the FAA proposes to amend 14 CFR part Pratt & Whitney using the contact Request for Comments’’ portion of the 39 as follows: information in paragraph (j)(3) of this proposed rule. SUPPLEMENTARY INFORMATION section PART 39—AIRWORTHINESS (3) For service information identified in below for instructions on submitting DIRECTIVES this proposed rule, contact Pratt & Whitney, comments. To avoid duplication, please 400 Main St., East Hartford, CT 06108; use only one of these four methods. ■ 1. The authority citation for part 39 phone: 860–565–8770; fax: 860–565–4503. FOR FURTHER INFORMATION CONTACT: If continues to read as follows: (4) You may view this service information you have questions on this proposed at the FAA, Engine & Propeller Directorate, Authority: 49 U.S.C. 106(g), 40113, 44701. 12 New England Executive Park, Burlington, rule, call or email Petty Officer Joseph MA. For information on the availability of McCollum, U.S. Coast Guard Sector § 39.13 [Amended] this material at the FAA, call 781–238–7125. Lake Michigan; telephone 414–747– ■ 2. The FAA amends § 39.13 by adding 7148, email Joseph.P.McCollum@ the following new airworthiness Issued in Burlington, Massachusetts, on May 12, 2015. uscg.mil. If you have questions on directive (AD): viewing or submitting material to the Colleen M. D’Alessandro, docket, call Cheryl Collins, Program Pratt & Whitney: Docket No. FAA–2015– Assistant Directorate Manager, Engine & 0869; Directorate Identifier 2015–NE– Propeller Directorate, Aircraft Certification Manager, Docket Operations, telephone 11–AD. Service. 202–366–9826. (a) Comments Due Date [FR Doc. 2015–13742 Filed 6–5–15; 8:45 am] SUPPLEMENTARY INFORMATION: We must receive comments by August 7, BILLING CODE 4910–13–P Table of Acronyms 2015. DHS Department of Homeland Security (b) Affected ADs FR Federal Register DEPARTMENT OF HOMELAND None. NPRM Notice of Proposed Rulemaking SECURITY (c) Applicability A. Public Participation and Request for This AD applies to all Pratt & Whitney Coast Guard Comments (PW) PW4164, PW4168, PW4168A, PW4164– We encourage you to participate in 1D, PW4168–1D, PW4168A–1D, and PW4170 33 CFR Part 165 this rulemaking by submitting turbofan engines with 6th stage low-pressure [Docket No. USCG–2015–0443] comments and related materials. All turbine (LPT) disks, part number 50N886, comments received will be posted installed. RIN 1625–AA00 without change to http:// (d) Unsafe Condition www.regulations.gov and will include Safety Zone; Nighttime Air Show, any personal information you have This AD was prompted by crack finds in Milwaukee Harbor; Milwaukee, the 6th stage LPT disk. We are issuing this provided. AD to prevent failure of the 6th stage LPT Wisconsin 1. Submitting Comments disk, which could lead to an uncontained AGENCY: Coast Guard, DHS. disk release, damage to the engine, and ACTION: Notice of proposed rulemaking. If you submit a comment, please damage to the airplane. include the docket number for this (e) Compliance SUMMARY: The Coast Guard proposes to rulemaking (USCG–2015–0443), Comply with this AD within the establish a safety zone within indicate the specific section of this compliance times specified, unless already Milwaukee Harbor in Milwaukee, document to which each comment done. At the next LPT shop visit after the Wisconsin. This zone is intended to applies, and provide a reason for each effective date of this AD, remove from service restrict vessels from a portion of suggestion or recommendation. You 6th stage LPT disks with serial numbers Milwaukee Harbor due to an air show. may submit your comments and listed in the Accomplishment Instructions, This proposed safety zone is necessary material online at http:// Table 1, of PW Service Bulletin (SB) No. to protect the surrounding public and www.regulations.gov, or by fax, mail, or PW4G–100–72–252, dated November 18, 2014. vessels from the hazards associated with hand delivery, but please use only one the air show. of these means. If you submit a (f) Definition DATES: Comments and related material comment online, it will be considered For the purpose of this AD, an ‘‘LPT shop must be received by the Coast Guard on received by the Coast Guard when you visit’’ is defined as maintenance which or before July 8, 2015. successfully transmit the comment. If involves disassembly of the LPT rotor ADDRESSES: You may submit comments you fax, hand deliver, or mail your module. identified by docket number USCG– comment, it will be considered as (i) Alternative Methods of Compliance 2015–0443 using any one of the having been received by the Coast (AMOCs) following methods: Guard when it is received at the Docket The Manager, Engine Certification Office, (1) Federal eRulemaking Portal: Management Facility. We recommend FAA, may approve AMOCs for this AD. Use http://www.regulations.gov. that you include your name and a the procedures found in 14 CFR 39.19 to (2) Fax: 202–493–2251. mailing address, an email address, or a make your request. You may email your (3) Mail: Docket Management Facility telephone number in the body of your request to: [email protected]. (M–30), U.S. Department of document so that we can contact you if (j) Related Information Transportation, West Building Ground we have questions regarding your (1) For more information about this AD, Floor, Room W12–140, 1200 New Jersey submission. contact Katheryn Malatek, Aerospace Avenue SE., Washington, DC 20590– To submit your comment online, go to Engineer, Engine Certification Office, FAA, 0001. http://www.regulations.gov, click on the Engine & Propeller Directorate, 12 New (4) Delivery: Same as mail address ‘‘submit a comment’’ box, which will England Executive Park, Burlington, MA above, between 9 a.m. and 5 p.m., then become highlighted in blue. In the

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‘‘Document Type’’ drop down menu Register (80 FR 8536). This final rule All persons and vessels shall comply select ‘‘Proposed Rule’’ and insert included a safety zone for the daytime with the instructions of the Captain of ‘‘USCG–2015–0443’’ in the ‘‘Keyword’’ operation of the Milwaukee Air and the Port Lake Michigan or her box. Click ‘‘Search’’ then click on the Water Show in the vicinity of McKinley designated on-scene representative. balloon shape in the ‘‘Actions’’ column. Park in Table 165.929(f)(2). Entry into, transiting, or anchoring within the safety zone is prohibited If you submit your comments by mail or C. Basis and Purpose hand delivery, submit them in an unless authorized by the Captain of the unbound format, no larger than 81⁄2 by The legal basis for the rule is the Port Lake Michigan or her designated 11 inches, suitable for copying and Coast Guard’s authority to establish on-scene representative. The Captain of electronic filing. If you submit safety zones: 33 U.S.C. 1231; 33 CFR the Port Lake Michigan or her comments by mail and would like to 1.05–1, 160.5; Department of Homeland designated on-scene representative may know that they reached the Facility, Security Delegation No. 0170.1. be contacted via VHF Channel 16. In May of 2015 the Coast Guard please enclose a stamped, self-addressed E. Regulatory Analyses postcard or envelope. We will consider confirmed through the sponsors of the all comments and material received Milwaukee Air and Water Show that an We developed this proposed rule after during the comment period and may additional air show will be added to the considering numerous statutes and change the rule based on your show this year. This additional show, executive orders related to rulemaking. comments. expected to consist of maneuvering Below we summarize our analyses aircraft and parachuters, is scheduled to based on these statutes and executive 2. Viewing Comments and Documents occur over a different location and at a orders. differing time than the daytime air To view comments, as well as 1. Regulatory Planning and Review documents mentioned in this preamble show. This night show is expected to as being available in the docket, go to occur over the waters of Milwaukee This proposed rule is not a significant http://www.regulations.gov, type the Harbor in the vicinity of Lakeshore State regulatory action under section 3(f) of docket number USCG–2015–0443 in the Park. The night show is expected to Executive Order 12866, Regulatory ‘‘SEARCH’’ box and click ‘‘Search.’’ occur between 6 p.m. and 10 p.m. on Planning and Review, and does not Click on Open Docket Folder on the line July 25, 2015. This nighttime air show require an assessment of potential costs associated with this rulemaking. You is expected to draw a large group of and benefits under section 6(a)(3) of that may also visit the Docket Management waterborne spectators. The Captain of Order. The Office of Management and Facility in Room W12–140 on the the Port Lake Michigan has determined Budget has not reviewed it under that ground floor of the Department of that the likelihood of transiting vessels Order. It is not ‘‘significant’’ under the Transportation West Building, 1200 in the waters over which the nighttime regulatory policies and procedures of New Jersey Avenue SE., Washington, air show participants will fly presents a the Department of Homeland Security DC 20590, between 9 a.m. and 5 p.m., significant risk of serious injuries or (DHS). We conclude that this proposed Monday through Friday, except Federal fatalities. Such hazards include flaming rule is not a significant regulatory action holidays. We have an agreement with debris from dropped flares, and falling because we anticipate that it will have the Department of Transportation to use aircraft. minimal impact on the economy, will the Docket Management Facility. not interfere with other agencies, will D. Discussion of Proposed Rule not adversely alter the budget of any 3. Privacy Act The Captain of the Port Lake grant or loan recipients, and will not Anyone can search the electronic Michigan has determined that a safety raise any novel legal or policy issues. form of comments received into any of zone is necessary to mitigate the Overall, we expect the economic impact our dockets by the name of the aforementioned safety risks. Thus, this of this proposed rule to be minimal and individual submitting the comment (or proposed rule establishes a safety zone that a full Regulatory Evaluation is signing the comment, if submitted on that encompasses all waters of unnecessary. Milwaukee Harbor in the vicinity of behalf of an association, business, labor 2. Impact on Small Entities union, etc.). You may review a Privacy Lakeshore State Park within an area Act notice regarding our public dockets bounded by the following coordinates, Under The Regulatory Flexibility Act ° ′ in the January 17, 2008, issue of the beginning at 43 02.547 N., (5 U.S.C. 601–612), we have considered ° ′ Federal Register (73 FR 3316). 087 53.478 W., then southeast to whether this proposed rule would have 43°02.478′N., 087°52.877′W., then a significant economic impact on a 4. Public Meeting southwest to 43°01.493′N., substantial number of small entities. We do not now plan to hold a public 087°53.104′W., then northwest to The term ‘‘small entities’’ comprises meeting. You may submit a request for 43°01.564′N., 087°53.697′W., then small businesses, not-for-profit one using one of the four methods northwest returning to the point of organizations that are independently specified under ADDRESSES. Please origin (NAD 83). owned and operated and are not explain why you believe a public This proposed rule will be effective dominant in their fields, and meeting would be beneficial. If we from July 23, 2015 until July 26, 2015. governmental jurisdictions with determine that one would aid this This proposed rule would be enforced populations of less than 50,000. rulemaking, we will hold one at a time from 6 p.m. until 10 p.m. on each day The Coast Guard certifies under 5 and place announced by a later notice from July 24, 2015 until July 26, 2015. U.S.C. 605(b) that this proposed rule in the Federal Register. The Captain of the Port Lake would not have a significant economic Michigan will notify the public that the impact on a substantial number of small B. Regulatory History and Information zone in this proposed rule is or will be entities. This proposed rule will affect On February 18, 2015, the Coast enforced in accordance with 33 CFR the following entities, some of which Guard published a Final Rule entitled 165.7(a). Such means of notification might be small entities: The owners or Safety Zones; Annual Events Requiring may also include, but are not limited to operators of vessels intending to transit Safety zones in the Captain of the Port Broadcast Notice to Mariners or Local or anchor within the waters of Lake Michigan Zone in the Federal Notice to Mariners. Milwaukee Harbor in Milwaukee,

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Wisconsin during the times in which Information Contact’’ section to Significantly Affect Energy Supply, the safety zone is enforced in July of coordinate protest activities so that your Distribution, or Use. 2015. message can be received without 13. Technical Standards This proposed safety zone will not jeopardizing the safety or security of have a significant economic impact on people, places, or vessels. This proposed rule does not use a substantial number of small entities technical standards. Therefore, we did for the following reasons: This proposed 7. Unfunded Mandates Reform Act not consider the use of voluntary rule will be enforced for a limited time The Unfunded Mandates Reform Act consensus standards. during the month of July; this proposed of 1995 (2 U.S.C. 1531–1538) requires 14. Environment safety zone has been designed to allow Federal agencies to assess the effects of traffic to pass safely around the zone their discretionary regulatory actions. In We have analyzed this proposed rule whenever possible, and vessels will be particular, the Act addresses actions under Department of Homeland allowed to pass through the zone with that may result in the expenditure by a Security Management Directive 023–01 the permission of the Captain of the State, local, or tribal government, in the and Commandant Instruction Port. If you think that your business, aggregate, or by the private sector of M16475.lD, which guide the Coast organization, or governmental $100,000,000 (adjusted for inflation) or Guard in complying with the National jurisdiction qualifies as a small entity more in any one year. Though this Environmental Policy Act of 1969 and that this rule would have a proposed rule would not result in such (NEPA) (42 U.S.C. 4321–4370f), and significant economic impact on it, expenditure, we do discuss the effects of have made a preliminary determination please submit a comment (see this proposed rule elsewhere in this that this action is one of a category of ADDRESSES) explaining why you think it preamble. actions that do not individually or cumulatively have a significant effect on qualifies and how and to what degree 8. Taking of Private Property this rule would economically affect it. the human environment. An This proposed rule would not cause a environmental analysis checklist 3. Assistance for Small Entities taking of private property or otherwise supporting this determination is Under section 213(a) of the Small have taking implications under available in the docket where indicated Business Regulatory Enforcement Executive Order 12630, Governmental under ADDRESSES. This proposed rule Fairness Act of 1996 (Pub. L. 104–121), Actions and Interference with involves the establishment of a safety we want to assist small entities in Constitutionally Protected Property zone and is therefore categorically understanding this proposed rule so that Rights. excluded under figure 2–1, paragraph they can better evaluate its effects on 9. Civil Justice Reform 34(g) of the Instruction. We seek any them and participate in the rulemaking. comments or information that may lead If the rule would affect your small This proposed rule meets applicable to the discovery of a significant business, organization, or governmental standards in sections 3(a) and 3(b)(2) of environmental impact from this jurisdiction and you have questions Executive Order 12988, Civil Justice proposed rule. concerning its provisions or options for Reform, to minimize litigation, compliance, please contact Petty Officer eliminate ambiguity, and reduce List of Subjects in 33 CFR Part 165 Joseph McCollum, Prevention burden. Harbors, Marine safety, Navigation Department, Coast Guard Sector Lake 10. Protection of Children From (water), Reporting and record keeping Michigan, Milwaukee, WI at (414)747– Environmental Health Risks requirements, Security measures, 7148. The Coast Guard will not retaliate Waterways. against small entities that question or We have analyzed this proposed rule For the reasons discussed in the complain about this proposed rule or under Executive Order 13045, preamble, the Coast Guard proposes to any policy or action of the Coast Guard. Protection of Children from amend 33 CFR part 165 as follows: Environmental Health Risks and Safety 4. Collection of Information Risks. This proposed rule is not an PART 165—REGULATED NAVIGATION This proposed rule would call for no economically significant rule and would AREAS AND LIMITED ACCESS AREAS new collection of information under the not create an environmental risk to Paperwork Reduction Act of 1995 (44 health or risk to safety that might ■ 1. The authority citation for part 165 U.S.C. 3501–3520.). disproportionately affect children. continues to read as follows: 5. Federalism 11. Indian Tribal Governments Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; A rule has implications for federalism This proposed rule does not have 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; under Executive Order 13132, tribal implications under Executive Pub. L. 107–295, 116 Stat. 2064; Department Federalism, if it has a substantial direct Order 13175, Consultation and of Homeland Security Delegation No. 0170.1. effect on the States, on the relationship Coordination with Indian Tribal ■ 2. Add § 165.T09–0443 to read as between the national government and Governments, because it would not have follows: the States, or on the distribution of a substantial direct effect on one or power and responsibilities among the more Indian tribes, on the relationship § 165.T09–0443 Safety Zone; Nighttime Air various levels of government. We have between the Federal Government and Show, Milwaukee Harbor, Milwaukee, analyzed this proposed rule under that Indian tribes, or on the distribution of Wisconsin. Order and have determined that does power and responsibilities between the (a) Location. This zone will not have implications for federalism. Federal Government and Indian tribes. encompass all waters of Milwaukee Harbor in the vicinity of Lakeshore State 6. Protest Activities 12. Energy Effects Park within an area bounded by the The Coast Guard respects the First This proposed rule is not a following coordinates, beginning at Amendment rights of protesters. ‘‘significant energy action’’ under 43°02.547′ N., 087°53.478′ W., then Protesters are asked to contact the Executive Order 13211, Actions southeast to 43°02.478′ N., 087°52.877′ person listed in the ‘‘For Further Concerning Regulations That W., then southwest to 43°01.493′ N.,

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087°53.104′ W., then northwest to update the locations for two safety rulemaking (USCG–2015–0215), 43°01.564′ N., 087°53.697′ W., then zones, add two safety zones, and modify indicate the specific section of this northwest returning to the point of the format of the regulation to list the document to which each comment origin (NAD 83). annual events and corresponding safety applies, and provide a reason for each (b) Effective period. This proposed zones in table form. These proposed suggestion or recommendation. You rule will be effective from July 23, 2015 amendments will protect spectators, may submit your comments and until July 26, 2015. This proposed rule participants, and vessels from the material online at http:// would be enforced from 6 p.m. until 10 hazards associated with annual marine www.regulations.gov or by fax, mail, or p.m. on each day from July 24, 2015 events and improve the clarity and hand delivery, but please use only one until July 26, 2015. readability of the regulations. of these means. If you submit a (c) Regulations. (1) In accordance with DATES: Comments and related material comment it will be considered received the general regulations in § 165.23 of must be received by the Coast Guard on by the Coast Guard when you this part, entry into, transiting, or or before July 8, 2015. successfully transmit the comment. If anchoring in this safety zone is ADDRESSES: You may submit comments you fax, hand deliver, or mail your prohibited unless authorized by the identified by docket number USCG– comment, it will be considered as Captain of the Port Lake Michigan or her 2015–0215 using any one of the having been received by the Coast designated on-scene representative. following methods: Guard when it is received at the Docket (2) This safety zone is closed to all (1) Federal eRulemaking Portal: Management Facility. vessel traffic except as permitted by the http://www.regulations.gov. We recommend that you include your Captain of the Port Lake Michigan or her (2) Fax: 202–493–2251. name and a mailing address, email designated on-scene representative. (3) Mail and Hand Delivery: Docket address, or telephone number in the (3) The ‘‘on-scene representative’’ of Management Facility (M–30), U.S. body of your document so that we can the Captain of the Port Lake Michigan Department of Transportation, West contact you if we have questions is any Coast Guard commissioned, Building Ground Floor, Room W12–140, regarding your submission. warrant, or petty officer who has been 1200 New Jersey Avenue SE., To submit your comment online, go to designated by the Captain of the Port Washington, DC 20590. Hand Deliveries http://www.regulations.gov, type the Lake Michigan to act on her behalf. The will be accepted between 9 a.m. and 5 docket number USCG–2015–0215 in the Captain of the Port Lake Michigan or her p.m., Monday through Friday, except on ‘‘SEARCH’’ box and click ‘‘SEARCH’’. designated on-scene representative may Federal holidays. The telephone number Click on the comment box in the row be contacted via VHF Channel 16. is 202–366–9329. listing this NPRM. (4) Vessel operators desiring to enter See the ‘‘Public Participation and If you submit your comment by mail or operate within the safety zone shall Request for Comments’’ portion of the or hand delivery, submit them in an 1 contact the Captain of the Port Lake SUPPLEMENTARY INFORMATION section unbound format, no larger than 8 ⁄2 by Michigan or her designated on-scene below for further instructions on 11 inches, suitable for copying and representative to obtain permission to submitting comments. To avoid electronic filing. If you submit your do so. Vessel operators given permission duplication, please use only one of comment by mail and would like to to enter or operate in the safety zone these three methods. verify that they have reached the Docket must comply with all directions given to FOR FURTHER INFORMATION CONTACT: If Management Facility, please enclose a them by the Captain of the Port Lake you have questions on this rule, call or stamped, self-addressed postcard or Michigan or her on-scene email Chief Aaron Woof, Marine Safety envelope and it will be returned to you. representative. Unit Duluth, U.S. Coast Guard; We will consider all comments and material received during the comment Dated: May 19, 2015. telephone (218) 725–3821 or by email [email protected]. If you have period and may change the proposed A.B. Cocanour, rule based on your comments. Captain, U.S. Coast Guard, Captain of the questions on viewing or submitting Port Lake Michigan. material to the docket, call Cheryl 2. Viewing Comments and Documents Collins, Program Manager, Docket [FR Doc. 2015–13928 Filed 6–5–15; 8:45 am] To view comments, as well as Operations, telephone (202) 366–9826. BILLING CODE 9110–04–P documents mentioned in this preamble SUPPLEMENTARY INFORMATION: as being available in the docket, go to Table of Acronyms http://www.regulations.gov, type the DEPARTMENT OF HOMELAND docket number USCG–2015–0215 in the SECURITY CFR Code of Federal Regulations ‘‘SEARCH’’ box and click ‘‘SEARCH’’. DHS Department of Homeland Security Click on ‘‘Open Docket Folder’’ on the Coast Guard FR Federal Register NPRM Notice of Proposed Rulemaking line associated with this rulemaking. You may also visit the Document 33 CFR PART 165 A. Public Participation and Request for Management Facility in Room W12–140 [Docket No. USCG–2015–0215] Comments on the ground floor of the U.S. We encourage you to participate in Department of Transportation West RIN 1625–AA00 this rulemaking by submitting Building, 1200 New Jersey Avenue SE., Safety Zones; Recurring Events in comments and related materials. All Washington, DC 20590 between 9 a.m. Captain of the Port Duluth Zone comments received will be posted and 5 p.m., Monday through Friday, without change to http:// except on Federal holidays. AGENCY: Coast Guard, DHS. www.regulations.gov and will include 3. Privacy Act ACTION: Notice of proposed rulemaking. any personal information you have provided. Anyone can search the electronic SUMMARY: The Coast Guard proposes to form of comments received into any of amend its safety zones regulations for 1. Submitting Comments our dockets by the name of the annual events in the Captain of the Port If you submit a comment, please individual submitting the comment (or Duluth Zone. This proposed rule would include the docket number for this signing the comment if submitted on

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behalf of an associated, business, labor readability and to reduce redundancy in a significant regulatory action because union, etc.). You may review a Privacy the regulation. we anticipate that it will have minimal Act notice regarding our public dockets Finally, this proposed rule clarifies impact on the economy, will not in the January 17, 2008 issue of the that the enforcement dates and times for interfere with other agencies, will not Federal Register (73 FR 3316). each safety zone listed in Table 165.943 adversely alter the budget of any grant is subject to change. While the events or loan recipients, and will not raise any 4. Public Meeting are anticipated to annually recur on novel legal or policy issues. The safety We do not currently plan to hold a certain dates, factors, to include zones created by this rule will be small public meeting. You may submit a inclement weather, may result in and enforced for short periods of time. request for one by using one of the three postponement. In the event of a Under certain conditions, moreover, methods specified under ADDRESSES. postponement, the Coast Guard will vessels may still transit through the Please explain why you believe a public issue a Notice of Enforcement with safety zone when permitted by the meeting would be beneficial. If we updated enforcement dates and times, Captain of the Port Duluth. and corresponding Broadcast Notice to determine that one would aid this 2. Impact on Small Entities rulemaking, we will hold one at a time Mariners for on scene notice. The Regulatory Flexibility Act of 1980 and place announced by a later notice D. Discussion of Rule in the Federal Register. (RFA), 5 U.S.C. 601–612, as amended, The amendments to this proposed requires federal agencies to consider the B. Regulatory History and Information rule are necessary to ensure the safety potential impact of regulations on small On May 31, 2013, the Coast Guard of vessels and people during annual entities during rulemaking. The term published an NPRM in the Federal events taking place on or near federally ‘‘small entities’’ comprises small Register (78 FR 32608) entitled maintained waterways in the Captain of businesses, not-for-profit organizations ‘‘Recurring Events in the Captain of the the Port Duluth Zone. Although this that are independently owned and Port Duluth Zone.’’ The NPRM proposed rule will be in effect year- operated and are not dominant in their proposed to establish 8 permanent round, the specific safety zones listed in fields, and governmental jurisdictions safety zones for annually recurring Table 165.943 will only be enforced with populations of less than 50,000. events in the Captain of the Port Duluth during a specified period of time when The Coast Guard certifies under 5 U.S.C. Zone under 33 CFR 165.943. The NPRM the event is on-going. 605(b) that this rule will not have a was open for comment for 30 days. When a Notice of Enforcement for a significant economic impact on a particular safety zone is published, On August 12, 2013 the Coast Guard substantial number of small entities. entry into, transiting through, or This rule will affect the following published the Final Rule in the Federal anchoring within the safety zone is entities, some of which might be small Register (78 FR 48802) after receiving prohibited unless authorized by the entities: The owners or operators of no comments on the NPRM. Through Captain of the Port Duluth, or his or her vessels intending to transit or anchor in this proposed rule, the Coast Guard designated representative. The Captain areas designated as safety zones during seeks to update § 165.943. of the Port Duluth or his or her the dates and times the safety zones are C. Basis and Purpose designated representative can be enforced. These safety zones will not have a The legal basis for this proposed rule contacted via VHF Channel 16. All persons and vessels granted permission significant economic impact on a is the Coast Guard’s authority to substantial number of small entities for establish safety zones: 33 U.S.C. 1231; to enter the safety zone must comply with all instructions given by the the following reasons: These safety 33 CFR 1.05–1, 160.5; Department of zones created by this rule will be small Homeland Security Delegation No. Captain of the Port Duluth or his or her designated representative. and enforced for short periods of time. 0170.1. Under certain conditions, moreover, This proposed rule would update the E. Regulatory Analyses vessels may still transit through the location for two safety zones for annual We developed this rule after safety zone when permitted by the events, add two new permanent safety considering numerous statutes and Captain of the Port Duluth. Before the zones for recurring fireworks displays, executive orders related to rulemaking. enforcement of these safety zones, the and modify the format of § 165.943 to Below we summarize our analyses Coast Guard will issue local Broadcast list annual events and corresponding based on 13 of these statutes or Notice to Mariners so that vessel owners safety zones in table form. These executive orders. and operators may plan accordingly. changes are necessary to protect If you believe that your business, 1. Regulatory Planning and Review spectators, participants, and vessels organization, or governmental from the hazards associated with annual This rule is not a significant jurisdiction qualifies as a small entity marine events, and to improve the regulatory action under section 3(f) of and that this proposed rule would have overall clarity and readability of the Executive Order 12866, Regulatory a significant economic impact on it, rule. These hazards related to the Planning and Review, as supplemented please submit a comment (see annual events include obstructions to by Executive Order 13563, Improving ADDRESSES) explaining why you think it the waterway that may result in marine Regulation and Regulatory Review, and qualifies and to what degree this rule casualties; explosive danger and flaming does not require an assessment of would economically affect it. debris falling into the water from potential costs and benefits under fireworks; and large congregations of section 6(a)(3) of Executive Order 12866 3. Assistance for Small Entities vessels and waterborne spectators in the or under section 1 of Executive Order Under section 213(a) of the Small vicinity of the annual events. 13563. The Office of Management and Business Regulatory Enforcement This proposed rule will also arrange Budget has not reviewed it under those Fairness Act of 1996 (Pub. L. 104–121), the safety zones listed in § 165.943 into Orders. It is not ‘‘significant’’ under the we want to assist small entities in a table sorted in ascending order of regulatory policies and procedures of understanding this proposed rule so event date. This change in format is the Department of Homeland Security they can better evaluate its effects on intended to improve clarity and (DHS). We conclude that this rule is not them and participate in this rulemaking.

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If the rule would affect your small minimize litigation, eliminate paragraph 34(g) of Figure 2–1 of the business, organization, or governmental ambiguity, and reduce burden. Commandant Instruction. We seek any jurisdiction and you have questions comments or information that may lead 9. Protection of Children concerning its provisions or options for to the discovery of a significant compliance, please contact Chief Aaron We have analyzed this rule under environmental impact from this rule. Woof, Marine Safety Unit Duluth, U.S. Executive Order 13045, Protection of List of Subjects in 33 CFR Part 165 Coast Guard; telephone (218) 725–3821 Children from Environmental Health or by email [email protected]. Risks and Safety Risks. This rule is not Harbors, Marine safety, Navigation The Coast Guard will not retaliate an economically significant rule and (water), Reporting and record keeping against small entities that question or does not create an environmental risk to requirements, Security measures, complain about this rule or any policy health or risk to safety that may Waterways. or action of the Coast Guard. disproportionately affect children. For the reasons discussed in the 4. Collection of Information 10. Indian Tribal Governments preamble, the Coast Guard proposes to amend 33 CFR parts 165 as follows: This rule will not call for a new This rule does not have tribal collection of information under the implications under Executive Order PART 165—REGULATED NAVIGATION Paperwork Reduction Act of 1995 (44 13175, Consultation and Coordination AREAS AND LIMITED ACCESS AREAS U.S.C. 3501–3520). with Indian Tribal Governments, because it does not have a substantial ■ 1. The authority citation for Part 165 5. Federalism direct effect on one or more Indian continues to read as follows: A rule has implications for federalism tribes, on the relationship between the Authority: 33 U.S.C. 1231; 46 U.S.C. under Executive Order 13132, Federal Government and Indian tribes, Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; Federalism, if it has a substantial direct or on the distribution of power and 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; effect on the States, on the relationship responsibilities between the Federal Pub. L. 107–295, 116 Stat. 2064; Department between the national government and Government and Indian tribes. of Homeland Security Delegation No. 0170.1. the States, or on the distribution of 11. Energy Effects ■ power and responsibilities among the 2. Revise § 165.943 to read as follows: various levels of government. We have This action is not a ‘‘significant § 165.943 Safety Zones; Recurring Events analyzed this rule under that Order and energy action’’ under Executive Order in Captain of the Port Duluth Zone. 13211, Actions Concerning Regulations determined that this rule does not have (a) Regulations. The following That Significantly Affect Energy Supply, implications for federalism. regulations apply to the safety zones Distribution, or Use. 6. Unfunded Mandates Reform Act listed in Table 165.943 of this section: 12. Technical Standards (1) The Coast Guard will provide The Unfunded Mandates Reform Act advance notice of the enforcement date of 1995 (2 U.S.C. 1531–1538) requires This rule does not use technical and time of the safety zone being Federal agencies to assess the effects of standards. Therefore, we did not enforced in Table 165.943, by issuing a their discretionary regulatory actions. In consider the use of voluntary consensus Notice of Enforcement, as well as, a particular, the Act addresses actions standards. Broadcast Notice to Mariners. that may result in the expenditure by a 13. Environment State, local, or tribal government, in the (2) During the enforcement period, the aggregate, or by the private sector of We have analyzed this rule under general regulations found in § 165.23 $100,000,000 (adjusted for inflation) or Department of Homeland Security shall apply. more in any one year. Though this rule Management Directive 023–01 and (b) Contacting the Captain of the Port. will not result in such an expenditure, Commandant Instruction M16475.lD, While a safety zone listed in this section we do discuss the effects of this rule which guide the Coast Guard in is enforced, the Captain of the Port elsewhere in this preamble. complying with the National Duluth or his or her on-scene Environmental Policy Act of 1969 representative may be contacted via 7. Taking of Private Property (NEPA)(42 U.S.C. 4321–4370f), and VHF Channel 16. Vessel operators given This rule will not cause a taking of have determined that this action is one permission to enter or operate in the private property or otherwise have of a category of actions that do not safety zone must comply with all taking implications under Executive individually or cumulatively have a directions given to them by the Captain Order 12630, Governmental Actions and significant effect on the human of the Port Duluth, or his or her on- Interference with Constitutionally environment. An environmental scene representative. Protected Property Rights. analysis checklist supporting this (c) Exemption. Public vessels, defined determination is available in the docket as any vessel owned or operated by the 8. Civil Justice Reform where indicated under ADDRESSES. This United States or by State or local This rule meets applicable standards proposed rule involves the governments, operating in an official in sections 3(a) and 3(b)(2) of Executive establishment of a safety zone and is capacity are exempted from the Order 12988, Civil Justice Reform, to therefore categorically excluded under requirements of this section.

TABLE 165.943 [Datum NAD 1983]

Event Location Event date

(1) Bridgefest Regatta Fire- All waters of the Keweenaw Waterway in Hancock, MI within the arc of a circle with a radius Mid June. works Display. of no more than 1,120 feet from the launch site at position 47°07′22″ N., 088°35′39″ W. (2) Ashland 4th of July Fire- All waters of Chequamegon Bay in Ashland, WI within the arc of a circle with a radius of no On or around works Display. more than 1,120 feet from the launch site at position 46°35′50″ N., 090°52′59″ W. July 4th.

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TABLE 165.943—Continued [Datum NAD 1983]

Event Location Event date

(3) City of Bayfield 4th of July All waters of the Lake Superior North Channel in Bayfield, WI within the arc of a circle with a On or around Fireworks Display. radius of no more than 1,120 feet from the launch site at position 46°48′39″ N., July 4th. 090°48′35″ W. (4) Cornucopia 4th of July Fire- All waters of Siskiwit Bay in Cornucopia, WI within the arc of a circle with a radius of no On or around works Display. more than 1,120 feet from the launch site at position 46°51′35″ N., 091°06′13″ W. July 4th. (5) Duluth 4th Fest Fireworks All waters of the Duluth Harbor Basin, Northern Section in Duluth, MN within the arc of a cir- On or around Display. cle with a radius of no more than 1,120 feet from the launch site at position 46°46′14″ N., July 4th. 092°06′16″ W. (6) LaPointe 4th of July Fire- All waters of Lake Superior in LaPointe, WI within the arc of a circle with a radius of no On or around works Display. more than 1,120 feet from the launch site at position 46°46′40″ N., 090°47′22″ W. July 4th. (7) Two Harbors 4th of July All waters of Agate Bay in Two Harbors, MN within the arc of a circle with a radius of no On or around Fireworks Display. more than 1,120 feet from the launch site at position 46°46′40″ N., 090°47′22″ W. July 4th. (8) Point to LaPointe Swim ...... All waters of the Lake Superior North Channel between Bayfield and LaPointe, WI within an Early August. imaginary line created by the following coordinates: 46°48′50″ N., 090°48′44″ W., moving southeast to 46°46′44″ N., 090°47′33″ W., then moving northeast to 46°46′52″ N., 090°47′17″ W., then moving northwest to 46°49′03″ N., 090°48′25″ W., and finally return- ing to the starting position. (9) Lake Superior Dragon Boat All waters of Superior Bay in Superior, WI within the arc of a circle with a radius of no more Late August. Festival Fireworks Display. than 1,120 feet from the launch site at position 46°43′23″ N., 092°03′45″ W. (10) Superior Man Triathlon ...... All waters of the Duluth Harbor Basin, Northern Section in Duluth, MN within an imaginary Late August. line created by the following coordinates: 46°46′36″ N., 092°06′06″ W., moving southeast to 46°46′32″ N., 092°06′01″ W., then moving northeast to 46°46′45″ N., 092°05′45″ W., then moving northwest to 46°46′49″ N., 092°05′49″ W., and finally returning to the starting position.

Dated: May 4, 2015 enforcement of each NAAQS 5. Hand Delivery or Courier: Lynorae A.H. Moore, JR., promulgated by EPA, which is Benjamin, Chief, Air Regulatory Commander, U.S. Coast Guard, Captain of commonly referred to as an Management Section (formerly the Port Duluth. ‘‘infrastructure’’ SIP. SC DHEC certified Regulatory Development Section), Air [FR Doc. 2015–13932 Filed 6–5–15; 8:45 am] that the South Carolina SIP contains Planning and Implementation Branch, BILLING CODE 9110–04–P provisions that ensure the 2008 Lead Air, Pesticides and Toxics Management NAAQS is implemented, enforced, and Division, U.S. Environmental Protection maintained in South Carolina. With the Agency, Region 4, 61 Forsyth Street ENVIRONMENTAL PROTECTION exception of provisions pertaining to SW., Atlanta, Georgia 30303–8960. Such AGENCY prevention of significant deterioration deliveries are only accepted during the (PSD) permitting for which EPA is Regional Office’s normal hours of 40 CFR Part 52 proposing no action through this notice, operation. The Regional Office’s official [EPA–R04–OAR–2012–0852; FRL–9928–85– EPA is proposing to approve that South hours of business are Monday through Region 4] Carolina’s infrastructure SIP Friday, 8:30 to 4:30, excluding Federal submission, provided to EPA on holidays. Approval and Promulgation of September 20, 2011, satisfies the Instructions: Direct your comments to Implementation Plans; South Carolina; required infrastructure elements for the Docket ID No. EPA–R04–OAR–2012– Infrastructure Requirements for the 2008 Lead NAAQS. 0852. EPA’s policy is that all comments 2008 Lead National Ambient Air Quality DATES: Written comments must be received will be included in the public Standards received on or before July 8, 2015. docket without change and may be made available online at AGENCY: Environmental Protection ADDRESSES: Submit your comments, Agency (EPA). identified by Docket ID No. EPA–R04– www.regulations.gov, including any ACTION: Proposed rule. OAR–2012–0852, by one of the personal information provided, unless following methods: the comment includes information SUMMARY: The Environmental Protection claimed to be Confidential Business Agency (EPA) is proposing to approve 1. www.regulations.gov: Follow the Information (CBI) or other information the September 20, 2011, State on-line instructions for submitting whose disclosure is restricted by statute. Implementation Plan (SIP) submission, comments. Do not submit through provided by the South Carolina 2. Email: R4–[email protected]. www.regulations.gov or email, Department of Health and 3. Fax: (404) 562–9019. information that you consider to be CBI Environmental Control (SC DHEC) for 4. Mail: ‘‘EPA–R04–OAR–2012– or otherwise protected. The inclusion into the South Carolina SIP. 0852,’’ Air Regulatory Management www.regulations.gov Web site is an This proposal pertains to the Clean Air Section (formerly Regulatory ‘‘anonymous access’’ system, which Act (CAA or the Act) infrastructure Development Section), Air Planning and means EPA will not know your identity requirements for the 2008 Lead national Implementation Branch, Air, Pesticides or contact information unless you ambient air quality standards (NAAQS). and Toxics Management Division, U.S. provide it in the body of your comment. The CAA requires that each state adopt Environmental Protection Agency, If you send an email comment directly and submit a SIP for the Region 4, 61 Forsyth Street SW., to EPA without going through implementation, maintenance, and Atlanta, Georgia 30303–8960. www.regulations.gov, your email

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address will be automatically captured IV. What is EPA’s analysis of how South South Carolina’s already approved SIP and included as part of the comment Carolina addressed the elements of meets certain CAA requirements. that is placed in the public docket and Sections 110(a)(1) and (2) made available on the Internet. If you ‘‘infrastructure’’ provisions? II. What elements are required under V. Proposed Action Sections 110(a)(1) and (2)? submit an electronic comment, EPA VI. Statutory and Executive Order Reviews recommends that you include your Section 110(a) of the CAA requires I. Background name and other contact information in states to submit SIPs to provide for the the body of your comment and with any On October 5, 1978, EPA promulgated implementation, maintenance, and disk or CD–ROM you submit. If EPA primary and secondary NAAQS for Lead enforcement of a new or revised cannot read your comment due to under section 109 of the Act. See 43 FR NAAQS within three years following technical difficulties and cannot contact 46246. Both primary and secondary the promulgation of such NAAQS, or you for clarification, EPA may not be standards were set at a level of 1.5 within such shorter period as EPA may able to consider your comment. micrograms per cubic meter (mg/m3), Electronic files should avoid the use of prescribe. Section 110(a) imposes the measured as Lead in total suspended obligation upon states to make a SIP special characters, any form of particulate matter (Pb-TSP), not to be encryption, and be free of any defects or submission to EPA for a new or revised exceeded by the maximum arithmetic NAAQS, but the contents of that viruses. For additional information mean concentration averaged over a about EPA’s public docket visit the EPA submission may vary depending upon calendar quarter. This standard was the facts and circumstances. In Docket Center homepage at http:// based on the 1977 Air Quality Criteria particular, the data and analytical tools www.epa.gov/epahome/dockets.htm. for Lead (USEPA, August 7, 1977). On available at the time the state develops Docket: All documents in the November 12, 2008 (75 FR 81126), EPA and submits the SIP for a new or revised electronic docket are listed in the issued a final rule to revise the primary NAAQS affects the content of the www.regulations.gov index. Although and secondary Lead NAAQS. The submission. The contents of such SIP listed in the index, some information is revised primary and secondary Lead not publicly available, i.e., CBI or other NAAQS were revised to 0.15 mg/m3. By submissions may also vary depending information whose disclosure is statute, SIPs meeting the requirements upon what provisions the state’s restricted by statute. Certain other of sections 110(a)(1) and (2) are to be existing SIP already contains. In the material, such as copyrighted material, submitted by states within three years case of the 2008 Lead NAAQS, states is not placed on the Internet and will be after promulgation of a new or revised typically have met the basic program publicly available only in hard copy NAAQS. Sections 110(a)(1) and (2) elements required in section 110(a)(2) form. Publicly available docket require states to address basic SIP through earlier SIP submissions in materials are available either requirements, including emissions connection with the 1978 Lead NAAQS. electronically in www.regulations.gov or inventories, monitoring, and modeling in hard copy at the Air Regulatory Section 110(a)(1) provides the to assure attainment and maintenance of Management Section (formerly procedural and timing requirements for the NAAQS. States were required to Regulatory Development Section), Air SIPs. Section 110(a)(2) lists specific Planning and Implementation Branch, submit such SIPs to EPA no later than elements that states must meet for October 15, 2011, for the 2008 Lead ‘‘infrastructure’’ SIP requirements Air, Pesticides and Toxics Management 1 Division, U.S. Environmental Protection NAAQS. related to a newly established or revised Today’s action is proposing to Agency, Region 4, 61 Forsyth Street NAAQS. As mentioned above, these approve South Carolina’s infrastructure SW., Atlanta, Georgia 30303–8960. EPA requirements include SIP infrastructure submission for the applicable requests that if at all possible, you elements such as modeling, monitoring, requirements of the 2008 Lead NAAQS, contact the person listed in the FOR and emissions inventories that are with the exception of the PSD FURTHER INFORMATION CONTACT section to designed to assure attainment and schedule your inspection. The Regional permitting requirements for major maintenance of the NAAQS. The Office’s official hours of business are sources contained in sections requirements that are the subject of this Monday through Friday, 8:30 a.m. to 110(a)(2)(C), prong 3 of D(i) and (J). proposed rulemaking are listed below 2 4:30 p.m., excluding Federal holidays. With respect to South Carolina’s and in EPA’s October 14, 2011, infrastructure SIP submission related to FOR FURTHER INFORMATION CONTACT: Zuri memorandum entitled ‘‘Guidance on the provisions pertaining to the PSD Farngalo, Air Regulatory Management Infrastructure State Implementation permitting requirements for major Section (formerly Regulatory Plan (SIP) Elements Required Under sources of sections 110(a)(2)(C), prong 3 Development Section), Air Planning and Sections 110(a)(1) and 110(a)(2) for the of D(i) and (J), EPA approved these Implementation Branch, Air, Pesticides 2008 Lead (Pb) National Ambient Air elements on March 18, 2015 (80 FR and Toxics Management Division, U.S. 14019). This action is not approving any Environmental Protection Agency, 2 specific rule, but rather proposing that Two elements identified in section 110(a)(2) are Region 4, 61 Forsyth Street SW., not governed by the three year submission deadline Atlanta, Georgia 30303–8960. The of section 110(a)(1) because SIPs incorporating 1 In these infrastructure SIP submissions States necessary local nonattainment area controls are not telephone number is (404) 562–9152. generally certify evidence of compliance with due within three years after promulgation of a new Mr. Farngalo can be reached via sections 110(a)(1) and (2) of the CAA through a or revised NAAQS, but rather due at the time the electronic mail at farngalo.zuri@ combination of state regulations and statutes, some nonattainment area plan requirements are due epa.gov. of which have been incorporated into the federally- pursuant to section 172. These requirements are: (1) approved SIP. In addition, certain federally- Submissions required by section 110(a)(2)(C) to the SUPPLEMENTARY INFORMATION: approved, non-SIP regulations may also be extent that subsection refers to a permit program as appropriate for demonstrating compliance with required in part D Title I of the CAA, and (2) Table of Contents sections 110(a)(1) and (2). Throughout this submissions required by section 110(a)(2)(I) which rulemaking, unless otherwise indicated, state pertain to the nonattainment planning requirements I. Background regulations referenced herein as ‘‘Regulation(s)’’ of part D, Title I of the CAA. Today’s proposed II. What elements are required under sections have been approved into South Carolina’s federally- rulemaking does not address infrastructure 110(a)(1) and (2)? approved SIP. South Carolina statutes, referenced as elements related to section 110(a)(2)(I) or the III. What is EPA’s approach to the review of the ‘‘S.C. Code Ann.’’ are not a part of the SIP nonattainment planning requirements of infrastructure SIP submissions? unless otherwise indicated. 110(a)(2)(C).

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Quality Standards (NAAQS)’’ (2011 Although the term ‘‘infrastructure SIP’’ requirements.6 Section 110(a)(2)(I) Lead Infrastructure SIP Guidance). does not appear in the CAA, EPA uses pertains to nonattainment SIP • 110(a)(2)(A): Emission limits and the term to distinguish this particular requirements and part D addresses other control measures. type of SIP submission from when attainment plan SIP submissions • 110(a)(2)(B): Ambient air quality submissions that are intended to satisfy to address nonattainment area monitoring/data system. other SIP requirements under the CAA, requirements are due. For example, • 110(a)(2)(C): Program for such as ‘‘nonattainment SIP’’ or section 172(b) requires EPA to establish enforcement, Prevention of Significant ‘‘attainment plan SIP’’ submissions to a schedule for submission of such plans Deterioration (PSD) and new source address the nonattainment planning for certain pollutants when the review (NSR).3 requirements of part D of title I of the Administrator promulgates the • 110(a)(2)(D): Interstate and CAA, ‘‘regional haze SIP’’ submissions designation of an area as nonattainment, international transport provisions. required by EPA rule to address the and section 107(d)(1)(B) allows up to • 110(a)(2)(E): Adequate personnel, visibility protection requirements of two years, or in some cases three years, funding, and authority. CAA section 169A, and nonattainment for such designations to be • 110(a)(2)(F): Stationary source new source review permit program promulgated.7 This ambiguity illustrates monitoring and reporting. submissions to address the permit that rather than apply all the stated • 110(a)(2)(G): Emergency episodes. requirements of CAA, title I, part D. requirements of section 110(a)(2) in a • 110(a)(2)(H): Future SIP revisions. strict literal sense, EPA must determine • 110(a)(2)(I): Nonattainment area Section 110(a)(1) addresses the timing which provisions of section 110(a)(2) plan or plan revision under part D. 4 and general requirements for are applicable for a particular • 110(a)(2)(J): Consultation with infrastructure SIP submissions, and infrastructure SIP submission. government officials, public section 110(a)(2) provides more details Another example of ambiguity within notification, and PSD and visibility concerning the required contents of sections 110(a)(1) and 110(a)(2) with protection. these submissions. The list of required respect to infrastructure SIPs pertains to • 110(a)(2)(K): Air quality modeling/ elements provided in section 110(a)(2) whether states must meet all of the data. contains a wide variety of disparate infrastructure SIP requirements in a • 110(a)(2)(L): Permitting fees. provisions, some of which pertain to single SIP submission, and whether EPA • 110(a)(2)(M): Consultation/ required legal authority, some of which must act upon such SIP submission in participation by affected local entities. pertain to required substantive program a single action. Although section provisions, and some of which pertain 110(a)(1) directs states to submit ‘‘a III. What is EPA’s approach to the to requirements for both authority and plan’’ to meet these requirements, EPA review of infrastructure SIP substantive program provisions.5 EPA interprets the CAA to allow states to submissions? therefore believes that while the timing make multiple SIP submissions EPA is acting upon the SIP requirement in section 110(a)(1) is separately addressing infrastructure SIP submission from South Carolina that unambiguous, some of the other elements for the same NAAQS. If states addresses the infrastructure statutory provisions are ambiguous. In elect to make such multiple SIP requirements of CAA sections 110(a)(1) particular, EPA believes that the list of submissions to meet the infrastructure and 110(a)(2) for the Lead NAAQS. The required elements for infrastructure SIP SIP requirements, EPA can elect to act requirement for states to make a SIP submissions provided in section on such submissions either individually submission of this type arises out of 110(a)(2) contains ambiguities or in a larger combined action.8 CAA section 110(a)(1). Pursuant to concerning what is required for Similarly, EPA interprets the CAA to section 110(a)(1), states must make SIP inclusion in an infrastructure SIP submissions ‘‘within 3 years (or such submission. 6 See, e.g., ‘‘Rule To Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air shorter period as the Administrator may The following examples of Interstate Rule); Revisions to Acid Rain Program; prescribe) after the promulgation of a ambiguities illustrate the need for EPA Revisions to the NOx SIP Call; Final Rule,’’ 70 FR national primary ambient air quality to interpret some section 110(a)(1) and 25162, at 25163—65 (May 12, 2005) (explaining standard (or any revision thereof),’’ and relationship between timing requirement of section section 110(a)(2) requirements with 110(a)(2)(D) versus section 110(a)(2)(I)). these SIP submissions are to provide for respect to infrastructure SIP 7 EPA notes that this ambiguity within section the ‘‘implementation, maintenance, and submissions for a given new or revised 110(a)(2) is heightened by the fact that various enforcement’’ of such NAAQS. The NAAQS. One example of ambiguity is subparts of part D set specific dates for submission statute directly imposes on states the of certain types of SIP submissions in designated that section 110(a)(2) requires that nonattainment areas for various pollutants. Note, duty to make these SIP submissions, ‘‘each’’ SIP submission must meet the e.g., that section 182(a)(1) provides specific dates and the requirement to make the list of requirements therein, while EPA for submission of emissions inventories for the submissions is not conditioned upon has long noted that this literal reading ozone NAAQS. Some of these specific dates are EPA’s taking any action other than of the statute is internally inconsistent necessarily later than three years after promulgation promulgating a new or revised NAAQS. of the new or revised NAAQS. and would create a conflict with the 8 See, e.g., ‘‘Approval and Promulgation of Section 110(a)(2) includes a list of nonattainment provisions in part D of Implementation Plans; New Mexico; Revisions to specific elements that ‘‘[e]ach such title I of the Act, which specifically the New Source Review (NSR) State plan’’ submission must address. address nonattainment SIP Implementation Plan (SIP); Prevention of EPA has historically referred to these Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) Permitting,’’ 78 FR SIP submissions made for the purpose 5 For example: Section 110(a)(2)(E)(i) provides 4339 (January 22, 2013) (EPA’s final action of satisfying the requirements of CAA that states must provide assurances that they have approving the structural PSD elements of the New sections 110(a)(1) and 110(a)(2) as adequate legal authority under state and local law Mexico SIP submitted by the State separately to ‘‘infrastructure SIP’’ submissions. to carry out the SIP; section 110(a)(2)(C) provides meet the requirements of EPA’s 2008 PM2.5 NSR that states must have a SIP-approved program to rule), and ‘‘Approval and Promulgation of Air address certain sources as required by part C of title Quality Implementation Plans; New Mexico; 3 This rulemaking only addresses requirements I of the CAA; and section 110(a)(2)(G) provides that Infrastructure and Interstate Transport for this element as they relate to attainment areas. states must have legal authority to address Requirements for the 2006 PM2.5 NAAQS,’’ (78 FR 4 As mentioned above, this element is not emergencies as well as contingency plans that are 4337) (January 22, 2013) (EPA’s final action on the relevant to today’s proposed rulemaking. triggered in the event of such emergencies. infrastructure SIP for the 2006 PM2.5 NAAQS).

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allow it to take action on the individual program required in part C of title I of subsections of section 110(a)(2). parts of one larger, comprehensive the CAA, because PSD does not apply Significantly, EPA interprets sections infrastructure SIP submission for a to a pollutant for which an area is 110(a)(1) and 110(a)(2) such that given NAAQS without concurrent designated nonattainment and thus infrastructure SIP submissions need to action on the entire submission. For subject to part D planning requirements. address certain issues and need not example, EPA has sometimes elected to As this example illustrates, each type of address others. Accordingly, EPA act at different times on various SIP submission may implicate some reviews each infrastructure SIP elements and sub-elements of the same elements of section 110(a)(2) but not submission for compliance with the infrastructure SIP submission.9 others. applicable statutory provisions of Ambiguities within sections 110(a)(1) Given the potential for ambiguity in section 110(a)(2), as appropriate.13 and 110(a)(2) may also arise with some of the statutory language of section EPA’s approach to review of respect to infrastructure SIP submission 110(a)(1) and section 110(a)(2), EPA infrastructure SIP submissions is to requirements for different NAAQS. believes that it is appropriate to identify the CAA requirements that are Thus, EPA notes that not every element interpret the ambiguous portions of logically applicable to that submission. of section 110(a)(2) would be relevant, section 110(a)(1) and section 110(a)(2) EPA believes that this approach to the or as relevant, or relevant in the same in the context of acting on a particular review of a particular infrastructure SIP way, for each new or revised NAAQS. SIP submission. In other words, EPA submission is appropriate, because it The states’ attendant infrastructure SIP assumes that Congress could not have would not be reasonable to read the submissions for each NAAQS therefore intended that each and every SIP general requirements of section could be different. For example, the submission, regardless of the NAAQS in 110(a)(1) and the list of elements in monitoring requirements that a state question or the history of SIP 110(a)(2) as requiring review of each might need to meet in its infrastructure development for the relevant pollutant, and every provision of a state’s existing SIP submission for purposes of section would meet each of the requirements, or SIP against all requirements in the CAA 110(a)(2)(B) could be very different for meet each of them in the same way. and EPA regulations merely for different pollutants because the content Therefore, EPA has adopted an purposes of assuring that the state in and scope of a state’s infrastructure SIP approach under which it reviews question has the basic structural submission to meet this element might infrastructure SIP submissions against elements for a functioning SIP for a new be very different for an entirely new the list of elements in section 110(a)(2), or revised NAAQS. Because SIPs have NAAQS than for a minor revision to an but only to the extent each element grown by accretion over the decades as 10 existing NAAQS. applies for that particular NAAQS. statutory and regulatory requirements EPA notes that interpretation of Historically, EPA has elected to use under the CAA have evolved, they may section 110(a)(2) is also necessary when guidance documents to make include some outmoded provisions and EPA reviews other types of SIP recommendations to states for historical artifacts. These provisions, submissions required under the CAA. infrastructure SIPs, in some cases while not fully up to date, nevertheless Therefore, as with infrastructure SIP conveying needed interpretations on may not pose a significant problem for submissions, EPA also has to identify newly arising issues and in some cases the purposes of ‘‘implementation, and interpret the relevant elements of conveying interpretations that have maintenance, and enforcement’’ of a section 110(a)(2) that logically apply to already been developed and applied to new or revised NAAQS when EPA these other types of SIP submissions For individual SIP submissions for evaluates adequacy of the infrastructure example, section 172(c)(7) requires that SIP submission. EPA believes that a particular elements.11 EPA issued the attainment plan SIP submissions better approach is for states and EPA to 2011 Lead Infrastructure SIP required by part D have to meet the focus attention on those elements of Guidance 12 to provide states with up-to- ‘‘applicable requirements’’ of section section 110(a)(2) of the CAA most likely date guidance for Lead infrastructure 110(a)(2). Thus, for example, attainment to warrant a specific SIP revision due to SIPs. Within this guidance, EPA plan SIP submissions must meet the the promulgation of a new or revised describes the duty of states to make requirements of section 110(a)(2)(A) NAAQS or other factors. regarding enforceable emission limits infrastructure SIP submissions to meet Finally, EPA believes that its and control measures and section basic structural SIP requirements within approach with respect to infrastructure 110(a)(2)(E)(i) regarding air agency three years of promulgation of a new or SIP requirements is based on a resources and authority. By contrast, it revised NAAQS. EPA also made reasonable reading of sections 110(a)(1) is clear that attainment plan SIP recommendations about many specific and 110(a)(2) because the CAA provides submissions required by part D would subsections of section 110(a)(2) that are other avenues and mechanisms to not need to meet the portion of section relevant in the context of infrastructure address specific substantive deficiencies 110(a)(2)(C) that pertains to the PSD SIP submissions. The guidance also in existing SIPs. These other statutory discusses the substantively important 9 On December 14, 2007, the State of Tennessee, issues that are germane to certain 13 Although not intended to provide guidance for through the Tennessee Department of Environment purposes of infrastructure SIP submissions for the and Conservation, made a SIP revision to EPA 11 EPA notes, however, that nothing in the CAA 2008 Lead NAAQS, EPA notes, that following the demonstrating that the State meets the requirements requires EPA to provide guidance or to promulgate 2011 Lead Infrastructure SIP Guidance, EPA issued of sections 110(a)(1) and (2). EPA proposed action regulations for infrastructure SIP submissions. The the ‘‘Guidance on Infrastructure State for infrastructure SIP elements (C) and (J) on CAA directly applies to states and requires the Implementation Plan (SIP) Elements under Clean January 23, 2012 (77 FR 3213) and took final action submission of infrastructure SIP submissions, Air Act Sections 110(a)(1) and 110(a)(2).’’ on March 14, 2012 (77 FR 14976). On April 16, regardless of whether or not EPA provides guidance Memorandum from Stephen D. Page, September 13, 2012 (77 FR 22533) and July 23, 2012 (77 FR or regulations pertaining to such submissions. EPA 2013. This 2013 guidance provides 42997), EPA took separate proposed and final elects to issue such guidance in order to assist recommendations for air agencies’ development and actions on all other section 110(a)(2) infrastructure states, as appropriate. the EPA’s review of infrastructure SIPs for the 2008 SIP elements of Tennessee’s December 14, 2007 12 ‘‘Guidance on Infrastructure State ozone primary and secondary NAAQS, the 2010 submittal. Implementation Plan (SIP) Elements Required primary nitrogen dioxide (NO2) NAAQS, the 2010 10 For example, implementation of the 1997 PM2.5 under Clean Air Act Sections 110(a)(1) and primary sulfur dioxide (SO2) NAAQS, and the 2012 NAAQS required the deployment of a system of 110(a)(2) for the 2008 Lead (Pb) National Ambient primary fine particulate matter (PM2.5) NAAQS, as new monitors to measure ambient levels of that new Air Quality Standards (NAAQS),’’ Memorandum well as infrastructure SIPs for new or revised indicator species for the new NAAQS. from Stephen D. Page, October 14, 2011. NAAQS promulgated in the future.

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tools allow EPA to take appropriately provisions within South Carolina upon request. South Carolina’s Air tailored action, depending upon the Regulations and the 1976 South Pollution Control Regulations, nature and severity of the alleged SIP Carolina Code of Laws, as amended, Regulation 61–62.5, Standard No. 7, deficiency. Section 110(k)(5) authorizes (‘‘S.C. Code Ann.’’) are relevant to air Prevention of Significant Deterioration, EPA to issue a ‘‘SIP call’’ whenever the quality control measures. Section 48–1– along with the South Carolina Network Agency determines that a state’s SIP is 50(23) of the 1976 South Carolina Code Description and Ambient Air Network substantially inadequate to attain or of Laws, as amended, (‘‘S.C. Code Monitoring Plan, provide for an ambient maintain the NAAQS, to mitigate Ann.’’) provides the SC DHEC with the air quality monitoring system in the interstate transport, or to otherwise authority to ‘‘[a]dopt emission and State. S.C. Code Ann. § 48–1–50(14) comply with the CAA.14 Section effluent control regulations standards provides the Department with the 110(k)(6) authorizes EPA to correct and limitations that are applicable to the necessary authority to ‘‘[c]ollect and errors in past actions, such as past entire State, that are applicable only disseminate information on air and approvals of SIP submissions.15 within specified areas or zones of the water control.’’ Annually, States Significantly, EPA’s determination that State, or that are applicable only when develop and submit to EPA for approval an action on a state’s infrastructure SIP a specified class of pollutant is present. statewide ambient monitoring network submission is not the appropriate time EPA has made the preliminary plans consistent with the requirements and place to address all potential determination that the South Carolina’s of 40 CFR parts 50, 53, and 58. The existing SIP deficiencies does not SIP and practices are adequate to protect annual network plan involves an preclude EPA’s subsequent reliance on the 2008 Lead NAAQS in the State. evaluation of any proposed changes to provisions in section 110(a)(2) as part of In this action, EPA is not proposing to the monitoring network, includes the the basis for action to correct those approve or disapprove any existing annual ambient monitoring network deficiencies at a later time. For example, State provisions with regard to excess design plan and a certified evaluation of although it may not be appropriate to emissions during startup, shutdown and the agency’s ambient monitors and require a state to eliminate all existing malfunction (SSM) of operations at a auxiliary support equipment.18 On July inappropriate director’s discretion facility. EPA believes that a number of 3, 2014, South Carolina submitted its provisions in the course of acting on an states have SSM provisions which are plan to EPA. On October 8, 2014, EPA infrastructure SIP submission, EPA contrary to the CAA and existing EPA approved South Carolina’s monitoring believes that section 110(a)(2)(A) may be guidance, ‘‘State Implementation Plans: network plan. South Carolina’s among the statutory bases that EPA Policy Regarding Excess Emissions approved monitoring network plan can relies upon in the course of addressing During Malfunctions, Startup, and be accessed at www.regulations.gov such deficiency in a subsequent Shutdown’’ (September 20, 1999), and using Docket ID No. EPA–R04–OAR– action.16 the Agency is addressing such state 2012–0852. EPA has made the 17 regulations in a separate action. In the preliminary determination that South IV. What is EPA’s analysis of how meantime, EPA encourages any state South Carolina addressed the elements Carolina’s SIP and practices are having a deficient SSM provision to take adequate for the ambient air quality of Sections 110(a)(1) and (2) steps to correct it as soon as possible. ‘‘infrastructure’’ provisions? monitoring and data system related to Additionally, in this action, EPA is the 2008 Lead NAAQS. The South Carolina infrastructure not proposing to approve or disapprove 3. 110(a)(2)(C) Program for submission addresses the provisions of any existing State rules with regard to enforcement, Prevention of Significant sections 110(a)(1) and (2) as described director’s discretion or variance Deterioration (PSD) and new source below. provisions. EPA believes that a number review (NSR): This element consists of 1. 110(a)(2)(A): Emission limits and of states have such provisions which are three sub-elements; enforcement, state- other control measures: Several contrary to the CAA and existing EPA wide regulation of new and modified guidance (52 FR 45109 (November 24, minor sources and minor modifications 14 For example, EPA issued a SIP call to Utah to 1987)), and the Agency plans to take of major sources; and preconstruction address specific existing SIP deficiencies related to action in the future to address such state the treatment of excess emissions during SSM permitting of major sources and major events. See ‘‘Finding of Substantial Inadequacy of regulations. In the meantime, EPA modifications in areas designated encourages any state having a director’s Implementation Plan; Call for Utah State attainment or unclassifiable for the Implementation Plan Revisions,’’ 74 FR 21639 discretion or variance provision which subject NAAQS as required by CAA title (April 18, 2011). is contrary to the CAA and EPA 15 I part C (i.e., the major source PSD EPA has used this authority to correct errors in guidance to take steps to correct the past actions on SIP submissions related to PSD program). In this action, EPA is deficiency as soon as possible. programs. See ‘‘Limitation of Approval of proposing to approve South Carolina’s Prevention of Significant Deterioration Provisions 2. 110(a)(2)(B): Ambient air quality Concerning Greenhouse Gas Emitting-Sources in monitoring/data system: SIPs are infrastructure SIP submission for the State Implementation Plans; Final Rule,’’ 75 FR required to provide for the 2008 Lead NAAQS with respect to the 82536 (December 30, 2010). EPA has previously establishment and operation of ambient general requirement in section used its authority under CAA section 110(k)(6) to 110(a)(2)(C) to include a program in the remove numerous other SIP provisions that the air quality monitors, the compilation Agency determined it had approved in error. See, and analysis of ambient air quality data, SIP that provides for enforcement of e.g., 61 FR 38664 (July 25, 1996) and 62 FR 34641 and the submission of these data to EPA emission limits and control measures, (June 27, 1997) (corrections to American Samoa, the regulation of minor sources and Arizona, California, Hawaii, and Nevada SIPs); 69 FR 67062 (November 16, 2004) (corrections to 17 On May 22, 2015, the EPA Administrator modifications, and the enforcement California SIP); and 74 FR 57051 (November 3, signed a final action entitled, ‘‘State emission limits to assist in the 2009) (corrections to Arizona and Nevada SIPs). Implementation Plans: Response to Petition for protection of air quality in 16 See, e.g., EPA’s disapproval of a SIP submission Rulemaking; Restatement and Update of EPA’s SSM nonattainment, attainment or from Colorado on the grounds that it would have Policy Applicable to SIPs; Findings of Substantial included a director’s discretion provision Inadequacy; and SIP Calls to Amend Provisions unclassifiable areas. To meet these inconsistent with CAA requirements, including Applying to Excess Emissions During Periods of section 110(a)(2)(A). See, e.g., 75 FR 42342 at 42344 Startup, Shutdown, and Malfunction.’’ The 18 On occasion, proposed changes to the (July 21, 2010) (proposed disapproval of director’s prepublication version of this rule is available at monitoring network are evaluated outside of the discretion provisions); 76 FR 4540 (Jan. 26, 2011) http://www.epa.gov/airquality/urbanair/sipstatus/ network plan approval process in accordance with (final disapproval of such provisions). emissions.html. 40 CFR part 58.

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obligations, South Carolina cites to state (‘‘prong 2’’). The third and fourth requirements for major sources of Regulation 61–62.5, Standard No. 7, prongs, which are codified in section section 110(a)(2)(D)(i)(II), EPA approved Prevention of Significant Deterioration, 110(a)(2)(D)(i)(II), are provisions that this prong on March 18, 2015 (80 FR and Regulation 61–62.5, Standard No. prohibit emissions activity in one state 14019), and thus is not proposing any 7.1, Nonattainment New Source Review, from interfering with measures required action today regarding these and Regulation 61–62.1, Section II, to prevent significant deterioration of air requirements. Permit Requirements, which pertain to quality in another state (‘‘prong 3’’), or 110(a)(2)(D)(i)(II)—prong 4: With the construction of any new major to protect visibility in another state regard to section 110(a)(2)(D)(i)(II), the stationary source or any project at an (‘‘prong 4’’). Section 110(a)(2)(D)(ii) visibility sub-element, referred to as existing major stationary source in an requires SIPs to include provisions prong 4, significant impacts from lead area designated as attainment or insuring compliance with sections 115 emissions from stationary sources are unclassifiable. and 126 of the Act, relating to interstate expected to be limited to short distances Enforcement: SC DHEC’s above- and international pollution abatement. from the source. The 2011 Lead described, SIP-approved regulations 110(a)(2)(D)(i)(I)—prongs 1 and 2: Infrastructure SIP Guidance notes that it provide for enforcement of lead limits Section 110(a)(2)(D)(i) requires is anticipated that lead emissions will and control measures and construction infrastructure SIP submissions to contribute only negligibly to visibility permitting for new or modified include provisions prohibiting any impairment in Class I areas. Lead stationary sources. Also S.C. Code Ann. source or other type of emissions stationary sources in South Carolina are § 48–1–50(11) provides the Department activity in one state from contributing located distances from Class I areas such with the authority to ‘‘Administer significantly to nonattainment in, or that visibility impacts are negligible. As penalties as otherwise provided herein interfering with maintenance of the noted above, South Carolina has one for violations of this chapter, including NAAQS in another state. The physical lead source that may potentially emit any order, permit, regulation or properties of lead prevent lead over 0.5 tpy that is currently being standards.’’ emissions from experiencing that same constructed, Johnson Controls, but it Preconstruction PSD Permitting for travel or formation phenomena as PM2.5 will be located at such a distance from Major Sources: With respect to South and ozone for interstate transport as Class I areas such that visibility impacts Carolina’s infrastructure SIP submission outlined in prongs 1 and 2. More would be negligible. Therefore, EPA has related to the preconstruction PSD specifically, there is a sharp decrease in preliminarily determined that the South permitting requirements for major lead concentrations, at least in the Carolina SIP meets the relevant sources of section 110(a)(2)(C), EPA coarse fraction, as the distance from a visibility requirements of prong 4 of approved this element on March 18, lead source increases. EPA believes that section 110(a)(2)(D)(i). 2015 (80 FR 14019), and thus is not the requirements of prongs 1 and 2 can 110(a)(2)(D)(ii): Interstate and proposing any action today regarding be satisfied through a state’s assessment International transport provisions: these requirements. as to whether a lead source located Section 110(a)(2)(D)(ii) requires SIPs to Regulation of minor sources and within its State in close proximity to a include provisions insuring compliance modifications: Section 110(a)(2)(C) also state border has emissions that with sections 115 and 126 of the Act, requires the SIP to include provisions contribute significantly to the relating to interstate and international that govern the minor source pre- nonattainment or interfere with pollution abatement. With regard to the construction program that regulates maintenance of the NAAQS in the requirements of section 110(a)(2)(D)(ii), emissions of lead. Regulation 61–62.1, neighboring state. For example, EPA’s South Carolina does not have any Section II, Permit Requirements governs experience with the initial Lead pending obligation under sections 115 the preconstruction permitting of designations suggests that sources that and 126 of the CAA. Additionally, modifications and construction of minor emit less than 0.5 tons per year (tpy) Regulation 61–62.5, Standards 7 and 7.1 stationary sources. generally appear unlikely to contribute (q)(2)(iv), Public Participation, requires EPA has made the preliminary significantly to the nonattainment in SC DHEC to notify air agencies ‘‘whose determination that South Carolina’s SIP another state. EPA’s experience also lands may be affected by emissions’’ and practices are adequate for program suggests that sources located more than from each new or modified major source enforcement of control measures and two miles from the state border if such emissions may significantly regulation of minor sources and generally appear unlikely to contribute contribute to levels of pollution in modifications related to the 2008 Lead significantly to the nonattainment in excess of a NAAQS in any air quality NAAQS. another state. South Carolina has one control region outside of the South 4. 110(a)(2)(D)(i) and (ii) Interstate lead source that may potentially emit Carolina. EPA has made the preliminary and International transport provisions: over 0.5 tpy that is currently being determination that South Carolina’s SIP Section 110(a)(2)(D)(i) has two constructed, Johnson Controls, but it and practices are adequate for insuring components; 110(a)(2)(D)(i)(I) and will be located well beyond 2 miles compliance with the applicable 110(a)(2)(D)(II). Each of these from the border of neighboring states. requirements relating to interstate and components have two subparts resulting Thus, EPA believes there are no sources international pollution abatement for in four distinct components, commonly in South Carolina that are likely to the 2008 Lead NAAQS. referred to as ‘‘prongs,’’ that must be contribute significantly to the 5. 110(a)(2)(E): Adequate personnel, addressed in infrastructure SIP nonattainment or interfere with funding, and authority: Section submissions. The first two prongs, maintenance of the NAAQS in another 110(a)(2)(E) requires that each which are codified in section state. Therefore, EPA has made the implementation plan provide (i) 110(a)(2)(D)(i)(I), are provisions that preliminary determination that South necessary assurances that the State will prohibit any source or other type of Carolina’s SIP meets the requirements of have adequate personnel, funding, and emissions activity in one state from section 110(a)(2)(D)(i)(I). authority under state law to carry out its contributing significantly to 110(a)(2)(D)(i)(II)—prong 3: With implementation plan, (ii) that the State nonattainment of the NAAQS in another respect South Carolina’s infrastructure comply with the requirements state (‘‘prong 1’’), and interfering with SIP submission related to the respecting State Boards pursuant to maintenance of the NAAQS in another preconstruction PSD permitting section 128 of the Act, and (iii)

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necessary assurances that, where the fiscal year 2013. The letter EPA requirements. These SIP requirements State has relied on a local or regional submitted to South Carolina can be are codified at Regulation 61–62.1, government, agency, or instrumentality accessed at www.regulations.gov using Definitions and General Requirements, for the implementation of any plan Docket ID No. EPA–R04–OAR–2012– which provides for an emission provision, the State has responsibility 0852. There were no outstanding issues, inventory plan that establishes reporting for ensuring adequate implementation therefore South Carolina’s grants were requirements of the South Carolina SIP. of such plan provisions. EPA is finalized and closed out. EPA has made South Carolina’s SIP requires owners or proposing to approve South Carolina’s the preliminary determination that operators of stationary sources to SIP as meeting the requirements of South Carolina has adequate resources monitor emissions, submit periodic section 110(a)(2)(E). EPA’s rationale for for implementation of the 2008 Lead reports of such emissions and maintain today’s proposal respecting each NAAQS. records as specified by various requirement of section 110(a)(2)(E) is With respect to 110(a)(2)(E)(ii), South regulations and permits, and to evaluate described below. Carolina satisfies the requirements of reports and records for consistency with With respect to section 110(a)(2)(E)(i) CAA section 128(a)(1) for the SC Board the applicable emission limitation or and (iii), SC DHEC develops, of Health and Environmental Control, standard on a continuing basis over implements and enforces EPA-approved which is the ‘‘board or body which time. The monitoring data collected and SIP provisions in the State. S.C. Code approves permits and enforcement records of operations serve as the basis Ann. Section 48, Title 1, as referenced orders’’ under CAA programs in South for a source to certify compliance, and in SC DHEC’s infrastructure SIP Carolina, through S.C. Code Ann. can be used by SC DHEC as direct submission, provides the Department’s Section 8–13–730. S.C. Code Ann. evidence of an enforceable violation of general legal authority to establish a SIP Section 8–13–730 provides that the underlying emission limitation or and implement related plans. ‘‘[u]nless otherwise provided by law, no standard. Accordingly, EPA is unaware Specifically, S.C. Code Ann. § 48–1– person may serve as a member of a of any provision preventing the use of 50(12) grants SC DHEC the statutory governmental regulatory agency that credible evidence in the South Carolina authority to ‘‘[a]ccept, receive and regulates business with which that SIP. administer grants or other funds or gifts person is associated,’’ and S.C. Code Additionally, South Carolina is for the purpose of carrying out any of Ann. Section 8–13–700(A) which required to submit emissions data to the purposes of this chapter; [and to] provides in part that ‘‘[n]o public EPA for purposes of the National accept, receive and receipt for Federal official, public member, or public Emissions Inventory (NEI). The NEI is money given by the Federal government employee may knowingly use his EPA’s central repository for air under any Federal law to the State of official office, membership, or emissions data. EPA published the Air South Carolina for air or water control employment to obtain an economic Emissions Reporting Rule (AERR) on activities, surveys or programs.’’ S.C. interest for himself, a member of his December 5, 2008, which modified the Code Ann. Section 48, Title 2 grants SC immediate family, an individual with requirements for collecting and DHEC statutory authority to establish whom he is associated, or a business reporting air emissions data (73 FR environmental protection funds, which with which he is associated.’’ S.C. Code 76539). The AERR shortened the time provide resources for SC DHEC to carry Ann. Section 8–13–700(B)(1)–(5) states had to report emissions data from out its obligations under the CAA. provides for disclosure of any conflicts 17 to 12 months, giving states one Additionally, Regulation 61–30, of interest by public official, public calendar year to submit emissions data. Environmental Protection Fees, provides member or public employee, which All states are required to submit a SC DHEC with the ability to access fees meets the requirement of CAA Section comprehensive emissions inventory for environmental permitting programs. 128(a)(2) that ‘‘any potential conflicts of every three years and report emissions SC DHEC implements the SIP in interest . . . be adequately disclosed.’’ for certain larger sources annually accordance with the provisions of S.C. These state statutes—S.C. Code Ann. through EPA’s online Emissions Code Ann § 1–23–40 (the Sections 8–13–730, 8–13–700(A), and Inventory System. States report Administrative Procedures Act) and S.C. 8–13–700(B)(1)–(5)—have been emissions data for the six criteria Code Ann. Section 48, Title 1. approved into the South Carolina SIP as pollutants and their associated The requirements of 110(a)(2)(E)(i) required by CAA section 128. Thus, precursors—NOX, sulfur dioxide, and (iii) are further confirmed when EPA has made the preliminary ammonia, lead, carbon monoxide, EPA performs a completeness determination that South Carolina’s SIP particulate matter, and VOC. Many determination for each SIP submittal. and practices are adequate for insuring states also voluntarily report emissions This provides additional assurances that compliance with the applicable of hazardous air pollutants. South each submittal provides evidence that requirements relating to state boards for Carolina made its latest update to the adequate personnel, funding, and legal the 2008 Lead NAAQS. 2011 NEI on April 8, 2014. EPA authority under State Law has been 6. 110(a)(2)(F) Stationary source compiles the emissions data, used to carry out the State’s monitoring system: South Carolina’s supplementing it where necessary, and implementation plan and related issues. infrastructure SIP submission describes releases it to the general public through This information is included in all the establishment of requirements for the Web site http://www.epa.gov/ttn/ prehearings and final SIP submittal compliance testing by emissions chief/eiinformation.html. EPA has made packages for approval by EPA. sampling and analysis, and for the preliminary determination that EPA also notes that annually, states emissions and operation monitoring to South Carolina’s SIP and practices are update grant commitments based on ensure the quality of data in the State. adequate for the stationary source current SIP requirements, air quality SC DHEC uses these data to track monitoring systems related to the 2008 planning, and applicable requirements progress towards maintaining the Lead NAAQS. Accordingly, EPA is related to the NAAQS, including the NAAQS, develop control and proposing to approve South Carolina’s lead NAAQS. On March 11, 2014, EPA maintenance strategies, identify sources infrastructure SIP submission with submitted a letter to South Carolina and general emission levels, and respect to section 110(a)(2)(F). outlining 105 grant commitments and determine compliance with emission 7. 110(a)(2)(G) Emergency episodes: current status of these commitments for regulations and additional EPA This section requires that states

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demonstrate authority comparable with program in the SIP that provides for and submit written or oral comments on section 303 of the CAA and adequate meeting the applicable consultation the air quality impact of the plant or contingency plans to implement such requirements of section 121, the public modification, alternatives to the plant or authority. Regulation 61–62.3, Air notification requirements of section 127; modification, the control technology Pollution Episodes, provides for and the visibility protection required, and other appropriate contingency measures when an air requirements of Part C of the Act. With considerations is also offered. EPA has pollution episode or exceedance may respect to South Carolina’s made the preliminary determination lead to a substantial threat to the health infrastructure SIP submission related to that South Carolina’s SIP and practices of persons in the state or region. S.C. the PSD permitting requirements, EPA adequately demonstrate the State’s Code Ann. Section 48–1–290 provides approved this sub-element of ability to provide public notification SC DHEC, with concurrent notice to the 110(a)(2)(J) on March 18, 2015 (80 FR related to the 2008 Lead NAAQS when Governor, the authority to issue an order 14019) and thus is not proposing any necessary. Accordingly, EPA is recognizing the existence of an action today regarding these proposing to approve South Carolina’s emergency requiring immediate action requirements. EPA’s rationale for its infrastructure SIP submission with as deemed necessary by SC DHEC to proposed action regarding applicable respect to section 110(a)(2)(J) public protect the public health or property. consultation requirements of section notification. Any person subject to this order is 121 and the public notification 110(a)(2)(J)—Visibility protection: The required to comply immediately. requirements of section 127, and 2011 Lead Infrastructure SIP Guidance Additionally, S.C. Code Ann. Section 1– visibility protection requirements is notes that EPA does not generally treat 23–130 provides the Department with described below. the visibility protection aspects of the authority to establish emergency 110(a)(2)(J) (121 consultation) section 110(a)(2)(J) as applicable for regulations if it finds that an imminent Consultation with government officials: purposes of the infrastructure SIP peril to public health, safety, or welfare Regulation 61–62.5, Standard No. 7, approval process. EPA recognizes that requires immediate promulgation of an Prevention of Significant Deterioration, states are subject to visibility protection emergency regulation or it finds that as well as the State’s Regional Haze and regional haze program requirements abnormal or unusual conditions, Implementation Plan, See 77 FR 38509, under Part C of the Act (which includes immediate need, or the state’s best (which allows for consultation between sections 169A and 169B). However, in interest requires immediate appropriate state, local, and tribal air the event of the establishment of a new promulgation of emergency regulations pollution control agencies as well as the primary NAAQS, the visibility to protect or manage natural resources. corresponding Federal Land Managers), protection and regional haze program EPA has made the preliminary provide for consultation with requirements under part C do not determination that South Carolina’s SIP, government officials whose jurisdictions change. Thus, EPA concludes there are state laws and practices are adequate for might be affected by SIP development no new applicable visibility protection emergency powers related to the 2008 activities. South Carolina adopted state- obligations under section 110(a)(2)(J) as Lead NAAQS. Accordingly, EPA is wide consultation procedures for the a result of the 2008 Lead NAAQS, and proposing to approve South Carolina’s implementation of transportation as such, has made the preliminary infrastructure SIP submission with conformity, which require SC DHEC to determination that South Carolina’s SIP respect to section 110(a)(2)(G). consult with federal, state and local is adequate as it relates to the visibility 8. 110(a)(2)(H) Future SIP revisions: transportation and air quality agency protection sub-element of section As previously discussed, SC DHEC is officials on the development of motor 110(a)(2)(J). responsible for adopting air quality vehicle emissions budgets. EPA has 10. 110(a)(2)(K) Air quality and rules and revising SIPs as needed to made the preliminary determination modeling/data: Section 110(a)(2)(K) of attain or maintain the NAAQS. South that South Carolina’s SIP and practices the CAA requires that SIPs provide for Carolina has the ability and authority to adequately demonstrate consultation performing air quality modeling so that respond to calls for SIP revisions, and with government officials related to the effects on air quality of emissions from has provided a number of SIP revisions 2008 Lead NAAQS when necessary. NAAQS pollutants can be predicted and over the years for implementation of the Accordingly, EPA is proposing to submission of such data to the USEPA NAAQS. Additionally, S.C. Code Ann. approve South Carolina’s infrastructure can be made. Regulations 61–62.5, Section 48, Title 1, provides SC DHEC SIP submission with respect to section Standards No. 2, Ambient Air Quality with the necessary authority to revise 110(a)(2)(J) consultation with Standards, and Regulation 61–62.5, the SIP to accommodate changes in the government officials. Standard No. 7, Prevention of NAAQS and thus revise the SIP as 110(a)(2)(J) (127 public notification) Significant Deterioration, of the South appropriate. EPA has made the Public notification: These requirements Carolina SIP specify that required air preliminary determination that South are met through 61–62.3, Air Pollution modeling be conducted in accordance Carolina adequately demonstrates a Episodes, which requires that SC DHEC with 40 CFR part 51, Appendix W commitment to provide future SIP notify the public of any air pollution ‘‘Guideline on Air Quality Models.’’ revisions related to the 2008 Lead episode or NAAQS violation. Regulation These standards demonstrate that South NAAQS when necessary. Accordingly, 61–62.5, Standard 7.1 (q), Public Carolina has the authority to provide EPA is proposing to approve South Participation, notifies the public by relevant data for the purpose of Carolina’s infrastructure SIP submission advertisement in a newspaper of general predicting the effect on ambient air with respect to section 110(a)(2)(H). circulation in each region in which a quality of emissions of lead. 9. 110(a)(2)(J) Consultation with proposed plant or modifications will be Additionally, South Carolina supports a government officials, public constructed of the degree of increment regional effort to coordinate the notification, and PSD and visibility consumption that is expected from the development of emissions inventories protection: EPA is proposing to approve plant or modification, and the and conduct regional modeling for South Carolina’s infrastructure SIP opportunity for comment at a public several NAAQS, including the 2008 submission for the 2008 Lead NAAQS hearing as well as written public Lead NAAQS, for the southeastern with respect to the general requirement comment. An opportunity for a public states. Taken as a whole, South in section 110(a)(2)(J) to include a hearing for interested persons to appear Carolina’s air quality regulations and

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practices demonstrate that SC DHEC has operating. EPA has made the beyond those imposed by state law. For the authority to provide relevant data preliminary determination that South that reason, this proposed action: for the purpose of predicting the effect Carolina’s SIP and practices adequately • Is not a ‘‘significant regulatory on ambient air quality of any emissions provide for permitting fees related to the action’’ subject to review by the Office of any pollutant for which a NAAQS 2008 Lead NAAQS when necessary. of Management and Budget under had been promulgated, and to provide Accordingly, EPA is proposing to Executive Orders 12866 (58 FR 51735, such information to the EPA approve South Carolina’s infrastructure October 4, 1993) and 13563 (76 FR 3821, Administrator upon request. EPA has SIP submission with respect to section January 21, 2011); made the preliminary determination 110(a)(2)(L). • does not impose an information that South Carolina’s SIP and practices 12. 110(a)(2)(M) Consultation/ collection burden under the provisions adequately demonstrate the State’s participation by affected local entities: of the Paperwork Reduction Act (44 ability to provide for air quality and This element requires states to provide U.S.C. 3501 et seq.); • modeling, along with analysis of the for consultation and participation in SIP is certified as not having a associated data, related to the 2008 Lead development by local political significant economic impact on a NAAQS. Accordingly, EPA is proposing subdivisions affected by the SIP. substantial number of small entities to approve South Carolina’s Regulation 61–62.5, Standard No. 7, under the Regulatory Flexibility Act (5 Prevention of Significant Deterioration, U.S.C. 601 et seq.); infrastructure SIP submission with • respect to section 110(a)(2)(K). of the South Carolina SIP requires that does not contain any unfunded 11. 110(a)(2)(L)—Permitting fees: This SC DHEC notify the public of an mandate or significantly or uniquely section requires the SIP to direct the application, preliminary determination, affect small governments, as described owner or operator of each major the activity or activities involved in the in the Unfunded Mandates Reform Act permit action, any emissions change of 1995 (Pub. L. 104–4); stationary source to pay to the • permitting authority, as a condition of associated with any permit does not have Federalism any permit required under the CAA, a modification, and the opportunity for implications as specified in Executive fee sufficient to cover (i) the reasonable comment prior to making a final Order 13132 (64 FR 43255, August 10, costs of reviewing and acting upon any permitting decision. SC DHEC has 1999); • is not an economically significant application for such a permit, and (ii) if recently worked closely with local regulatory action based on health or the owner or operator receives a permit political subdivisions during the safety risks subject to Executive Order for such source, the reasonable costs of development of its Transportation 13045 (62 FR 19885, April 23, 1997); implementing and enforcing the terms Conformity SIP, Regional Haze Implementation Plan, and Early Action • is not a significant regulatory action and conditions of any such permit (not subject to Executive Order 13211 (66 FR including any court costs or other costs Compacts. EPA has made the preliminary determination that South 28355, May 22, 2001); associated with any enforcement • Carolina’s SIP and practices adequately is not subject to requirements of action), until such fee requirement is Section 12(d) of the National superseded with respect to such sources demonstrate consultation with affected local entities related to the 2008 Lead Technology Transfer and Advancement by the Administrator’s approval of a fee Act of 1995 (15 U.S.C. 272 note) because program under title V. NAAQS. Accordingly, EPA is proposing to approve South Carolina’s application of those requirements would Section 48–2–50 of the South Carolina be inconsistent with the CAA; and Code prescribes that SC DHEC charge infrastructure SIP submission with • respect to section 110(a)(2)(M). does not provide EPA with the fees for environmental programs it discretionary authority to address, as administers pursuant to federal and V. Proposed Action appropriate, disproportionate human state law and regulations including With the exception of the PSD health or environmental effects, using those that govern the costs to review, permitting requirements for major practicable and legally permissible implement and enforce PSD and NNSR sources contained in section methods, under Executive Order 12898 permits. Regulation 61–30, (59 FR 7629, February 16, 1994). 19 110(a)(2)(C), prong 3 of (D)(i), and (J), Environmental Protection Fees EPA is proposing to approve that SC In addition, this proposed action for prescribes fees applicable to applicants DHEC’s infrastructure SIP submission, the state of South Carolina does not and holders of permits, licenses, submitted September 20, 2011, for the have Tribal implications as specified by certificates, certifications, and 2008 Lead. EPA is proposing to approve Executive Order 13175 (65 FR 67249, registrations, establishes procedures for these portions of South Carolina’s November 9, 2000). The Catawba Indian the payment of fees, provides for the infrastructure submission for the 2008 Nation Reservation is located within the assessment of penalties for nonpayment, Lead NAAQS because this submission is State of South Carolina. Pursuant to the and establishes an appeals process for consistent with section 110 of the CAA. Catawba Indian Claims Settlement Act, refuting fees. This regulation may be S.C. Code Ann. 27–16–120, ‘‘all state amended as needed to meet the funding VI. Statutory and Executive Order and local environmental laws and requirements of the state’s permitting Reviews regulations apply to the [Catawba Indian program. Additionally, South Carolina Under the CAA, the Administrator is Nation] and Reservation and are fully has a federally-approved title V required to approve a SIP submission enforceable by all relevant state and program, Regulation 61–62.70, Title V that complies with the provisions of the local agencies and authorities.’’ Operating Permit Program,20 which Act and applicable federal regulations. However, EPA has determined that implements and enforces the See 42 U.S.C. 7410(k); 40 CFR 52.02(a). because this proposed rule does not requirements of PSD and nonattainment Thus, in reviewing SIP submissions, have substantial direct effects on an NSR for facilities once they begin EPA’s role is to approve state choices, Indian Tribe because, as noted above, provided that they meet the criteria of this action is not approving any specific 19 This regulation has not been incorporated into the CAA. Accordingly, this proposed rule, but rather proposing that South the federally-approved SIP. Carolina’s already approved SIP meets 20 Title V program regulations are federally- action merely approves state law as approved but not incorporated into the federally- meeting federal requirements and does certain CAA requirements. EPA notes approved SIP. not impose additional requirements today’s action will not impose

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substantial direct costs on Tribal SUPPLEMENTARY INFORMATION: to the List (Petition 007).2 The petition governments or preempt Tribal law. was submitted by a WTC Health Table of Contents Program member who responded to the List of Subjects in 40 CFR Part 52 A. WTC Health Program Statutory Authority September 11, 2001, terrorist attacks in Environmental protection, Air B. Petition 007 New York City. The petitioner indicated pollution control, Carbon monoxide, C. Administrator’s Determination on Petition that she has been diagnosed with Incorporation by reference, 007 rheumatoid arthritis, an autoimmune Intergovernmental relations, Lead, A. WTC Health Program Statutory disorder, and is currently receiving Nitrogen dioxide, Ozone, Particulate Authority treatment for a number of other WTC- matter, Reporting and recordkeeping related health conditions. The petitioner requirements, Sulfur oxides, Volatile Title I of the James Zadroga 9/11 described an article published in the organic compounds. Health and Compensation Act of 2010 Journal of Arthritis and Rheumatology (Pub. L. 111–347), amended the Public Authority: 42 U.S.C. 7401 et seq. by Webber et al. [2015],3 which was Health Service Act (PHS Act) to add designed to test the hypothesis that Dated: May 28, 2015. 1 Title XXXIII establishing the WTC acute and chronic 9/11 work-related Heather McTeer Toney, Health Program within the Department exposures were associated with the risk Regional Administrator, Region 4. of Health and Human Services (HHS). of certain new-onset systemic [FR Doc. 2015–13947 Filed 6–5–15; 8:45 am] The WTC Health Program provides autoimmune diseases. BILLING CODE 6560–50–P medical monitoring and treatment benefits to eligible firefighters and C. Administrator’s Determination on related personnel, law enforcement Petition 007 DEPARTMENT OF HEALTH AND officers, and rescue, recovery, and The Administrator has established a HUMAN SERVICES cleanup workers who responded to the methodology for evaluating whether to September 11, 2001, terrorist attacks in add non-cancer health conditions to the 42 CFR Part 88 New York City, at the Pentagon, and in List of WTC-Related Health Conditions, Shanksville, Pennsylvania (responders), published online in the Policies and World Trade Center Health Program; and to eligible persons who were Procedures section of the WTC Health Petition 007—Autoimmune Diseases; present in the dust or dust cloud on Program Web site.4 In accordance with Finding of Insufficient Evidence September 11, 2001 or who worked, the methodology, the Administrator resided, or attended school, childcare, AGENCY: Centers for Disease Control and directs the WTC Health Program Prevention, HHS. or adult daycare in the New York City Associate Director for Science (ADS) to disaster area (survivors). ACTION: Denial of petition for addition of conduct a review of the scientific All references to the Administrator of a health condition. literature to determine if the available the WTC Health Program scientific information has the potential SUMMARY: On April 6, 2015, the (Administrator) in this notice mean the to provide a basis for a decision on Administrator of the World Trade Director of the National Institute for whether to add the condition to the List. Center (WTC) Health Program received Occupational Safety and Health The literature review includes a petition (Petition 007) to add certain (NIOSH) or his or her designee. published, peer-reviewed direct autoimmune diseases, including Pursuant to § 3312(a)(6)(B) of the PHS observational and/or epidemiological rheumatoid arthritis and connective Act, interested parties may petition the studies about the health condition tissues diseases, to the List of WTC- Administrator to add a health condition among 9/11-exposed populations. The Related Health Conditions (List). Upon to the List in 42 CFR 88.1. Within 60 studies are reviewed for their relevance, reviewing the scientific and medical calendar days after receipt of a petition quantity, and quality to provide a basis literature, including information to add a condition to the List, the for deciding whether to propose adding provided by the petitioner, the Administrator must take one of the the health condition to the List. Where Administrator has determined that the following four actions described in the available evidence has the potential available evidence does not have the § 3312(a)(6)(B) and 42 CFR 88.17: (i) to provide a basis for a decision, the potential to provide a basis for a Request a recommendation of the STAC; ADS further assesses the scientific and decision on whether to add certain (ii) publish a proposed rule in the medical evidence to determine whether autoimmune diseases to the List. The Federal Register to add such health a causal relationship between 9/11 Administrator finds that insufficient condition; (iii) publish in the Federal exposures and the health condition is evidence exists to request a Register the Administrator’s supported. A health condition may be recommendation of the WTC Health determination not to publish such a added to the List if published, peer- Program Scientific/Technical Advisory proposed rule and the basis for such reviewed direct observational or Committee (STAC), to publish a determination; or (iv) publish in the epidemiologic studies provide proposed rule, or to publish a Federal Register a determination that determination not to publish a proposed insufficient evidence exists to take 2 See Petition 007. WTC Health Program: Petitions rule. action under (i) through (iii) above. Received. http://www.cdc.gov/wtc/received.html. 3 Webber M.P., Moir W., Zeig-Owens R., Glaser DATES: The Administrator of the WTC B. Petition 007 M.S., Jaber N., Hall C., Berman J., Qayyum B., Health Program is denying this petition Loupasakis K., Kelly K., and Prezant D.J. [2015]. for the addition of a health condition as On April 6, 2015, the Administrator Nested case-control study of selected systemic of June 8, 2015. received a petition to add ‘‘autoimmune autoimmune diseases in World Trade Center rescue/recovery workers. Journal of Arthritis & FOR FURTHER INFORMATION CONTACT: diseases, such as Rheumatoid Arthritis’’ Rheumatology 67(5):1369–1376. Rachel Weiss, Program Analyst, 1090 4 ‘‘Policy and Procedures for Adding Non-Cancer Tusculum Avenue, MS: C–46, 1 Title XXXIII of the PHS Act is codified at 42 Conditions to the List of WTC-Related Health U.S.C. 300mm to 300mm–61. Those portions of the Conditions,’’ John Howard, MD, Administrator of Cincinnati, OH 45226; telephone (855) Zadroga Act found in Titles II and III of Public Law the WTC Health Program, October 21, 2014. 818–1629 (this is a toll-free number); 111–347 do not pertain to the WTC Health Program http://www.cdc.gov/wtc/pdfs/WTCHP_PP_Adding_ email [email protected]. and are codified elsewhere. NonCancers_21_Oct_2014.pdf.

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substantial support 5 for a causal Other than the Webber study, the For the reasons discussed above, the relationship between 9/11 exposures literature search yielded no relevant request made in Petition 007 to add and the health condition in 9/11- epidemiologic studies, and no direct certain autoimmune diseases to the List exposed populations. If the evidence observational studies.9 In accordance of WTC-Related Health Conditions, assessment provides only modest with the methodology described above, including: Systemic lupus support 6 for a causal relationship the ADS assessed Webber et al. for erythematosus, antiphospholipid between 9/11 exposures and the health quality and found significant syndrome, systemic sclerosis, condition, the Administrator may then limitations. Those limitations include inflammatory myositis, Sjo¨gren’s evaluate additional published, peer- low statistical power (due to the small syndrome, rheumatoid arthritis, reviewed epidemiologic studies, number of cases); lack of information spondyloarthritis, granulomatosis with conducted among non-9/11-exposed about other key confounders (e.g., polyangiitis (Wegener’s), and populations, evaluating associations family history of autoimmune diseases, eosinophilic granulomatosis with between the health condition of interest history of viral infections or vaccination polyangiitis (Churg-Strauss), is denied. and 9/11 agents.7 If that additional preceding diagnosis of the autoimmune The Administrator is aware that assessment establishes substantial disease, use of pharmaceutical agents another study of autoimmune diseases support for a causal relationship and non-WTC-related exposures, both among World Trade Center enrollees is between a 9/11 agent or agents and the work-related and recreational); and being conducted by the World Trade health condition, the health condition potential for measurement error of Center Health Registry; however, results may be added to the List. chronic exposure (i.e., because a month from this study are not yet available in In accordance with § 3312(a)(6)(B) of of 9/11-related exposures was the scientific literature. The the PHS Act, 42 CFR 88.17, and the represented by at least 1 day spent at the Administrator will monitor the methodology for the addition of non- WTC site, the duration variable did not scientific literature for publication of cancer health conditions to the List, the differentiate between those with one the results of this study and any other Administrator reviewed the evidence day and those with many days of studies that address autoimmune presented in Petition 007. Although the exposure in a given month; however, diseases among World Trade Center petitioner specifically requested the this measurement approach was non- exposed populations. addition of certain autoimmune diseases differential between the cases and controls). Finally, participants were Dated: June 1, 2015. such as rheumatoid arthritis and John Howard, connective tissue diseases, the from the Fire Department of New York cohort only and predominantly a white Administrator, World Trade Center Health Administrator determined that the Program and Director, National Institute for scope of the petition properly includes male population which raises concern for generalizability to other 9/11- Occupational Safety and Health, Centers for all of the autoimmune diseases Disease Control and Prevention, Department identified in Webber et al. Accordingly, exposed groups, including female of Health and Human Services. the ADS conducted a systematic responders and survivors. Thus, the ADS concluded that the available [FR Doc. 2015–13914 Filed 6–5–15; 8:45 am] literature search of the published BILLING CODE 4163–18P scientific and medical literature for information did not have the potential evidence of a causal relationship to form the basis for a decision on between 9/11 exposures and the whether to propose adding the following conditions to the List of WTC- DEPARTMENT OF HOMELAND autoimmune disorders described in SECURITY Webber et al.8 Those autoimmune Related Health Conditions: Systemic disorders include: Systemic lupus lupus erythematosus, antiphospholipid syndrome, systemic sclerosis, Federal Emergency Management erythematosus, antiphospholipid Agency syndrome, systemic sclerosis, inflammatory myositis, Sjo¨gren’s syndrome, rheumatoid arthritis, inflammatory myositis, Sjo¨gren’s 44 CFR Part 67 syndrome, rheumatoid arthritis, spondyloarthritis, granulomatosis with spondyloarthritis, granulomatosis with polyangiitis (Wegener’s), or eosinophilic [Docket ID FEMA–2015–0001; Internal granulomatosis with polyangiitis Agency Docket Nos. FEMA–B–7759, FEMA– polyangiitis (Wegener’s), and (Churg-Strauss). B–1138 and FEMA–B–1208] eosinophilic granulomatosis with The findings described above led the polyangiitis (Churg-Strauss). Administrator to determine that Proposed Flood Elevation insufficient evidence exists to take Determinations for Lafayette Parish, 5 The substantial evidence standard is met when further action, including either Louisiana, and Incorporated Areas the Program assesses all of the available, relevant proposing the addition of the information and determines with high confidence AGENCY: Federal Emergency that the evidence supports its findings regarding a autoimmune diseases identified above Management Agency, DHS. causal association between the 9/11 exposure(s) and to the List (pursuant to PHS Act, the health condition. § 3312(a)(6)(B)(ii) and 42 CFR ACTION: Proposed rule; withdrawal. 6 The modest evidence standard is met when the Program assesses all of the available, relevant 88.17(a)(2)(ii)) or publishing a SUMMARY: The Federal Emergency information and determines with moderate determination not to publish a proposed Management Agency (FEMA) is confidence that the evidence supports its findings rule in the Federal Register (pursuant to regarding a causal association between the 9/11 withdrawing its proposed rule PHS Act, § 3312(a)(6)(B)(iii) and 42 CFR concerning proposed flood elevation exposure(s) and the health condition. 88.17(a)(2)(iii)). The Administrator has 7 9/11 agents are chemical, physical, biological, or determinations for Lafayette Parish, other agents or hazards reported in a published, also determined that requesting a Louisiana, and Incorporated Areas. peer-reviewed exposure assessment study of recommendation from the STAC DATES: responders or survivors who were present in the (pursuant to PHS Act, § 3312(a)(6)(B)(i) This withdrawal is effective on New York City disaster area, or at the Pentagon site, and 42 CFR 88.17(a)(2)(i)) is June 8, 2015. or in Shanksville, Pennsylvania site as those ADDRESSES: You may submit comments, locations are defined in 42 CFR 88.1. unwarranted. 8 Databases searched include: PubMed, Health & identified by Docket Nos. FEMA–B– Safety Science Abstracts, Toxicology Abstracts, 9 Only epidemiologic studies of 9/11-exposed 7759, FEMA–B–1138 and FEMA–B– Toxline, Scopus, and Embase. populations were considered to be relevant. 1208, to Luis Rodriguez, Chief,

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Engineering Management Branch, DEPARTMENT OF HOMELAND determinations of Base (1% annual- Federal Insurance and Mitigation SECURITY chance) Flood Elevations (BFEs) and Administration, Federal Emergency modified BFEs for communities Management Agency, 500 C Street SW., Federal Emergency Management participating in the National Flood Washington, DC 20472, (202) 646–4064, Agency Insurance Program (NFIP), in or (email) Luis.Rodriguez3@ accordance with section 110 of the fema.dhs.gov. 44 CFR Part 67 Flood Disaster Protection Act of 1973, [Docket No. FEMA–2015–0001; Internal 42 U.S.C. 4104, and 44 CFR 67.4(a). FOR FURTHER INFORMATION CONTACT: Luis Agency Docket No. FEMA–B–1145] These proposed BFEs and modified Rodriguez, Chief, Engineering BFEs, together with the floodplain Management Branch, Federal Insurance Proposed Flood Elevation management criteria required by 44 CFR and Mitigation Administration, Federal Determinations 60.3, are minimum requirements. They Emergency Management Agency, 500 C should not be construed to mean that AGENCY: Federal Emergency the community must change any Street SW., Washington, DC 20472, Management Agency, DHS. (202) 646–4064, or (email) existing ordinances that are more ACTION: Proposed rule; correction. [email protected]. stringent in their floodplain management requirements. The SUMMARY: On October 7, 2010, and June SUPPLEMENTARY INFORMATION: On community may at any time enact November 7, 2012, FEMA published a 13, 2014, FEMA published in the Federal Register a proposed rule and a stricter requirements of its own or proposed rulemaking at 77 FR 66785– pursuant to policies established by other 66788, proposing flood elevation proposed rule correction, respectively, that contained erroneous information. Federal, State, or regional entities. determinations along one or more This notice provides corrections to the These proposed elevations are used to flooding sources in Lafayette Parish, table as amended by the proposed rule meet the floodplain management Louisiana. FEMA is withdrawing the correction, to be used in lieu of the requirements of the NFIP and also are proposed rulemaking because FEMA information published at 75 FR 62062– used to calculate the appropriate flood has or will be issuing a Revised 62063 and 79 FR 33878–33879. The insurance premium rates for new Preliminary Flood Insurance Rate Map, table provided here represents the buildings built after these elevations are and if necessary a Flood Insurance flooding sources, location of referenced made final, and for the contents in those Study report, featuring updated flood elevations, effective and modified buildings. hazard information. A Notice of elevations, and communities affected for In the proposed rule published at 75 Proposed Flood Hazard Determinations Clay County, Arkansas, and FR 62062–62063, in the October 7, 2010, will be published in the Federal Incorporated Areas. Specifically, it issue of the Federal Register, FEMA Register and in the affected addresses the following flooding published a table under the authority of community’s local newspaper following sources: Cypress Creek Ditch and Sugar 44 CFR 67.4. That table was amended by issuance of the Revised Preliminary Creek and Tributary 2. the proposed rule correction published at 79 FR 33878–33879, in the June 13, Flood Insurance Rate Map. DATES: Comments are to be submitted 2014, issue of the Federal Register. In Authority: 42 U.S.C. 4104; 44 CFR 67.4. on or before September 8, 2015. this document, FEMA is publishing a ADDRESSES: You may submit comments, Dated: May 22, 2015. table containing the accurate identified by Docket No. FEMA–B– Roy E. Wright, information, to address previous 1145, to Luis Rodriguez, Chief, inaccuracies. The information provided Deputy Associate Administrator for Engineering Management Branch, below should be used in lieu of that Mitigation, Department of Homeland Federal Insurance and Mitigation previously published. Security, Federal Emergency Management Administration, Federal Emergency Agency. Management Agency, 500 C Street SW., Correction [FR Doc. 2015–13878 Filed 6–5–15; 8:45 am] Washington, DC 20472, (202) 646–4064 This proposed rule provides BILLING CODE 9110–12–P or (email) Luis.Rodriguez3@ corrections to the table as amended by fema.dhs.gov. the proposed rule correction, to be used FOR FURTHER INFORMATION CONTACT: Luis in lieu of the information previously Rodriguez, Chief, Engineering published. Correct the Clay County, Management Branch, Federal Insurance Arkansas table as follows. and Mitigation Administration, Federal (Catalog of Federal Domestic Assistance No. Emergency Management Agency, 500 C 97.022, ‘‘Flood Insurance.’’) Street SW., Washington, DC 20472, Dated: May 21, 2015. (202) 646–4064 or (email) Roy E. Wright, [email protected]. Deputy Associate Administrator for SUPPLEMENTARY INFORMATION: The Mitigation, Department of Homeland Federal Emergency Management Agency Security, Federal Emergency Management (FEMA) publishes proposed Agency.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation * * ground Communities affected ∧ Elevation in meters (MSL) Effective Modified

Clay County, Arkansas, and Incorporated Areas

Cypress Creek Ditch ...... Approximately 150 feet east of Southwest 11th Street None +281 City of Corning. to approximately 400 feet east of Southwest 11th Street. Approximately 120 feet south of Lucien Avenue to ap- None +281 proximately 580 feet north of Lucien Avenue. Cypress Creek Ditch ...... Approximately 100 feet north of Bryan Avenue to ap- None +281 City of Corning. proximately 160 feet south of Bryan Street. Approximately 430 feet west of Southwest 6th Street None +281 to approximately 600 feet west of Southwest 6th Street. Sugar Creek...... Approximately 1,255 feet downstream of Pfeiffer None +282 Unincorporated areas of Street. Clay County. Approximately 0.57 mile upstream of the confluence None +317 with Club Drain. Tributary 2 ...... Approximately 1,350 feet upstream of West Jackson None +329 Unincorporated areas of Street. Clay County. National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. * * BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emer- gency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES City of Corning Maps are available for inspection at City Hall, 304 Southwest 2nd Street, Corning, AR 72422. Unincorporated Areas of Clay County Maps are available for inspection at the Clay County Courthouse, 168 East Main Street, Piggott, AR 72454.

[FR Doc. 2015–13863 Filed 6–5–15; 8:45 am] DATES: This withdrawal is effective on Louisiana, and Incorporated Areas. BILLING CODE 9110–12–P June 8, 2015. FEMA is withdrawing the proposed ADDRESSES: You may submit comments, rulemaking because FEMA has or will identified by Docket No. FEMA–B– be issuing a Revised Preliminary Flood DEPARTMENT OF HOMELAND 1017, to Luis Rodriguez, Chief, Insurance Rate Map, and if necessary a SECURITY Engineering Management Branch, Flood Insurance Study report, featuring Federal Emergency Management Federal Insurance and Mitigation updated flood hazard information. A Agency Administration, Federal Emergency Notice of Proposed Flood Hazard Management Agency, 500 C Street SW., Determinations will be published in the 44 CFR Part 67 Washington, DC 20472, (202) 646–4064, Federal Register and in the affected or (email) Luis.Rodriguez3@ community’s local newspaper following [Docket ID FEMA–2014–0002; Internal fema.dhs.gov. issuance of the Revised Preliminary Agency Docket No. FEMA–B–1017] FOR FURTHER INFORMATION CONTACT: Luis Flood Insurance Rate Map. Proposed Flood Elevation Rodriguez, Chief, Engineering Authority: 42 U.S.C. 4104; 44 CFR 67.4. Determinations for St. Mary Parish, Management Branch, Federal Insurance Dated: May 21, 2015. Louisiana, and Incorporated Areas and Mitigation Administration, Federal Emergency Management Agency, 500 C Roy E. Wright, AGENCY: Federal Emergency Street SW., Washington, DC 20472, Deputy Associate Administrator for Management Agency, DHS. (202) 646–4064, or (email) Mitigation, Department of Homeland ACTION: Proposed rule; withdrawal. [email protected]. Security, Federal Emergency Management Agency. SUMMARY: The Federal Emergency SUPPLEMENTARY INFORMATION: On [FR Doc. 2015–13864 Filed 6–5–15; 8:45 am] Management Agency (FEMA) is November 10, 2008, FEMA published a withdrawing its proposed rule proposed rulemaking at 73 FR 66578, BILLING CODE 9110–12–P concerning proposed flood elevation proposing flood elevation determinations for St. Mary Parish, determinations along one or more Louisiana, and Incorporated Areas. flooding sources in St. Mary Parish,

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DEPARTMENT OF HOMELAND Mary Parish, Louisiana, and DATES: This withdrawal is effective on SECURITY Incorporated Areas. FEMA is June 8, 2015. withdrawing the proposed rulemaking ADDRESSES: You may submit comments, Federal Emergency Management because FEMA has or will be issuing a identified by Docket No. FEMA–B– Agency Revised Preliminary Flood Insurance 1220, to Luis Rodriguez, Chief, Rate Map, and if necessary a Flood Engineering Management Branch, 44 CFR Part 67 Insurance Study report, featuring Federal Insurance and Mitigation [Docket ID FEMA–2014–0002; Internal updated flood hazard information. A Administration, Federal Emergency Agency Docket No. FEMA–B–1000] Notice of Proposed Flood Hazard Management Agency, 500 C Street SW., Determinations will be published in the Washington, DC 20472, (202) 646–4064, Proposed Flood Elevation Federal Register and in the affected or (email) Luis.Rodriguez3@ Determinations for St. Mary Parish, community’s local newspaper following fema.dhs.gov. Louisiana, and Incorporated Areas issuance of the Revised Preliminary Flood Insurance Rate Map. FOR FURTHER INFORMATION CONTACT: Luis AGENCY: Federal Emergency Rodriguez, Chief, Engineering Management Agency, DHS. Authority: 42 U.S.C. 4104; 44 CFR 67.4. Management Branch, Federal Insurance ACTION: Proposed rule; withdrawal. Dated: May 21, 2015. and Mitigation Administration, Federal Roy E. Wright, Emergency Management Agency, 500 C SUMMARY: The Federal Emergency Deputy Associate Administrator for Street SW., Washington, DC 20472, Management Agency (FEMA) is Mitigation, Department of Homeland (202) 646–4064, or (email) withdrawing its proposed rule Security, Federal Emergency Management [email protected]. concerning proposed flood elevation Agency. SUPPLEMENTARY INFORMATION: On determinations for St. Mary Parish, [FR Doc. 2015–13865 Filed 6–5–15; 8:45 am] September 28, 2011, FEMA published a Louisiana, and Incorporated Areas. BILLING CODE 9110–12–P proposed rulemaking at 76 FR 59962, DATES: This withdrawal is effective on proposing flood elevation June 8, 2015. determinations along one or more DEPARTMENT OF HOMELAND ADDRESSES: You may submit comments, flooding sources in St. Mary Parish, SECURITY identified by Docket No. FEMA–B– Louisiana, and Incorporated Areas. 1000, to Luis Rodriguez, Chief, Federal Emergency Management FEMA is withdrawing the proposed Engineering Management Branch, Agency rulemaking because FEMA has or will Federal Insurance and Mitigation be issuing a Revised Preliminary Flood Administration, Federal Emergency 44 CFR Part 67 Insurance Rate Map, and if necessary a Management Agency, 500 C Street SW., Flood Insurance Study report, featuring updated flood hazard information. A Washington, DC 20472, (202) 646–4064, [Docket ID FEMA–2014–0002; Internal or (email) Luis.Rodriguez3@ Agency Docket No. FEMA–B–1220] Notice of Proposed Flood Hazard fema.dhs.gov. Determinations will be published in the Federal Register and in the affected FOR FURTHER INFORMATION CONTACT: Luis Proposed Flood Elevation community’s local newspaper following Rodriguez, Chief, Engineering Determinations for St. Mary Parish, issuance of the Revised Preliminary Management Branch, Federal Insurance Louisiana, and Incorporated Areas Flood Insurance Rate Map. and Mitigation Administration, Federal AGENCY: Federal Emergency Emergency Management Agency, 500 C Management Agency, DHS. Authority: 42 U.S.C. 4104; 44 CFR 67.4. Street SW., Washington, DC 20472, ACTION: Proposed rule; withdrawal. Dated: May 21, 2015. (202) 646–4064, or (email) Roy E. Wright, [email protected]. SUMMARY: The Federal Emergency Deputy Associate Administrator for SUPPLEMENTARY INFORMATION: On August Management Agency (FEMA) is Mitigation, Department of Homeland 18, 2008, FEMA published a proposed withdrawing its proposed rule Security, Federal Emergency Management rulemaking at 73 FR 48181, proposing concerning proposed flood elevation Agency. flood elevation determinations along determinations for St. Mary Parish, [FR Doc. 2015–13867 Filed 6–5–15; 8:45 am] one or more flooding sources in St. Louisiana, and Incorporated Areas. BILLING CODE 9110–12–P

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Notices Federal Register Vol. 80, No. 109

Monday, June 8, 2015

This section of the FEDERAL REGISTER via email at [email protected]; or, The Committee is established consistent contains documents other than rules or Joni Lubke, RAC Coordinator, by phone with the Federal Advisory Committee proposed rules that are applicable to the at 406–363–7182 or via email at Act of 1972. Additional information public. Notices of hearings and investigations, [email protected]. concerning the Committee, including committee meetings, agency decisions and Individuals who use meeting summary/minutes, can be rulings, delegations of authority, filing of telecommunication devices for the deaf petitions and applications and agency found by visiting the Committee’s Web statements of organization and functions are (TDD) may call the Federal Information site at: http://www.fs.usda.gov/goto/ examples of documents appearing in this Relay Service (FIRS) at 1–800–877–8339 ltbmu/LTFAC. The summary/minutes of section. between 8:00 a.m. and 8:00 p.m., the meeting will be posted within 21 Eastern Standard Time, Monday days of the meeting. through Friday. DATES: The meeting will be held on DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: The Monday, June 22, 2015 at 9:00 a.m. purpose of the meeting is: All meetings are subject to Forest Service 1. To approve Project Proposals for cancellation. For updated status of the 2015 funding. Ravalli Resource Advisory Committee meeting prior to attendance, please The meeting is open to the public. contact the person listed under FOR AGENCY: Forest Service, USDA. The agenda will include time for people FURTHER INFORMATION CONTACT. to make oral statements of three minutes ACTION: Notice of meeting. or less. Individuals wishing to make an ADDRESSES: The meeting will be held at the Forest Service, Lake Tahoe Basin SUMMARY: The Ravalli Resource oral statement should request in writing Management Unit, The Emerald Room, Advisory Committee (RAC) will meet in by June 19, 2015, to be scheduled on the 35 College Drive, South Lake Tahoe, Hamilton, Montana. The committee is agenda. Anyone who would like to California. Written comments may be authorized under the Secure Rural bring related matters to the attention of submitted as described under Schools and Community Self- the committee may file written Determination Act (the Act) and statements with the committee staff SUPPLEMENTARY INFORMATION. All operates in compliance with the Federal before or after the meeting. Written comments, including names and Advisory Committee Act. The purpose comments and requests for time for oral addresses, when provided, are placed in of the committee is to improve comments must be sent to Joni Lubke, the record and are available for public collaborative relationships and to Executive Assistant, 1801 N. 1st, inspection and copying. The public may provide advice and recommendations to Hamilton, Montana 59840 or by email to inspect comments received at the Forest the Forest Service concerning projects [email protected], or via facsimile to Service, 35 College Drive, South Lake and funding consistent with Title II of 406–363–7159. Tahoe, California. Please call ahead at the Act. Additional RAC information, Meeting Accommodations: If you are (530) 543–2627 to facilitate entry into including the meeting agenda and the a person requiring reasonable the building. meeting summary/minutes can be found accommodation, please make requests FOR FURTHER INFORMATION CONTACT: at the following Web site: http:// in advance for sign language Lynn Wright, Lake Tahoe Basin www.fs.usda.gov/main/bitterroot/ interpreting, assistive listening devices Management Unit, Forest Service, 35 workingtogether/advisorycommittees. or other reasonable accommodation for College Drive, South Lake Tahoe, CA DATES: The meeting will be held June access to the facility or proceedings by 96150, or by phone at (530) 543–2627, 23, 2015, at 6:30 p.m. contacting the person listed in the or by email at [email protected]. All RAC meetings are subject to section titled FOR FURTHER INFORMATION Individuals who use telecommunication cancellation. For status of meeting prior CONTACT. All reasonable devices for the deaf (TDD) may call the to attendance, please contact the person accommodation requests are managed Federal Information Relay Service listed under FOR FURTHER INFORMATION on a case by case basis. (FIRS) at 1–800–877–8339 between 8:00 CONTACT. a.m. and 8:00 p.m., Eastern Standard Julie K. King, Time, Monday through Friday. ADDRESSES: The meeting will be held at Forest Supervisor. the Bitteroot National Forest (NF) SUPPLEMENTARY INFORMATION: The [FR Doc. 2015–13931 Filed 6–5–15; 8:45 am] purpose of the meeting is to provide: Supervisor’s Office, 1801 North 1st BILLING CODE 3411–15P Street, Hamilton, Montana. (1) Overview of committee history Written comments may be submitted (2) Review of committee charter and as described under SUPPLEMENTARY DEPARTMENT OF AGRICULTURE ground rules INFORMATION. All comments, including (3) Current status of Lake Tahoe names and addresses when provided, Forest Service Restoration Act and Southern Nevada are placed in the record and are Public Lands Management Act available for public inspection and Lake Tahoe Basin Federal Advisory (4) Environmental Improvement Plan copying. The public may inspect Committee review (5) Committee’s future comments received at the Bitteroot NF AGENCY: Forest Service, USDA Supervisor’s Office. Please call ahead to implementation strategy discussion ACTION: Notice of meeting. facilitate entry into the building. The meeting is open to the public. FOR FURTHER INFORMATION CONTACT: SUMMARY: The Lake Tahoe Basin Federal Anyone who would like to bring related Ryan Domsalla, Designated Federal Advisory Committee (Committee) will matters to the attention of the Officer, by phone at 406–821–3269 or meet in South Lake Tahoe, California. Committee may file written statements

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with the Committee staff before the Chairperson, or in the absence of a COMMISSION ON CIVIL RIGHTS meeting. The agenda will include time Chairperson, a member designated by for people to make oral statements of the Board, to schedule a minimum of Notice of Public Meeting of the Florida three minutes or less. Individuals four public meetings per year in Advisory Committee for a Meeting To wishing to make an oral statement Washington, DC. The CSB is accepting Discuss Potential Project Topics should request in writing by June 11, comments on the proposed rule until AGENCY: U.S. Commission on Civil 2015 to be scheduled on the agenda. June 12, 2015. The agenda may also Rights. Written comments and time requests for include Board discussion and vote(s) on ACTION: Announcement of meeting. oral comments must be sent to Lynn motions related to Board governance Wright, Forest Service, Lake Tahoe when there is a vacancy in the SUMMARY: Notice is hereby given, Basin Management Unit, 35 College Chairperson position. pursuant to the provisions of the rules Drive, South Lake Tahoe, California and regulations of the U.S. Commission 96150, or by email at hwright02@ Additional Information on Civil Rights (Commission) and the fs.fed.us, or via facsimile to (530) 543– The meeting is free and open to the Federal Advisory Committee Act that 2937. the Florida Advisory Committee Meeting Accommodations: If you are public. If you require a translator or (Committee) will hold a meeting on a person requiring reasonable interpreter, please notify the individual Tuesday, June 23, 2015, at 12:00 p.m. accommodation, please make requests listed below as the ‘‘Contact Person for in advance for sign language EST for the purpose of updating new Further Information,’’ at least three members on the human trafficking interpreting, assistive listening devices business days prior to the meeting. or other reasonable accommodation for subcommittee preparatory work and to If you are unable to attend the access to the facility or proceedings by discuss potential projects moving contacting the person listed in the meeting in person, you may participate forward. Members of the public can listen to section titled FOR FURTHER INFORMATION via phone. Please dial the phone the discussion. This meeting is available CONTACT. All reasonable number five minutes prior to the start of accommodation requests are managed the conference call and provide the to the public through the following toll- on a case by case basis. confirmation number. The phone free call-in number: 1–888–539–3612, number is: 1–877–691–2551 (U.S. Toll conference ID: 8058593. Any interested Dated: June 1, 2015. Free), or 1–630–691–2747 (U.S. Toll), member of the public may call this Jeff Marsolais, with confirmation number: 39853839. number and listen to the meeting. An Forest Supervisor. open comment period will be provided [FR Doc. 2015–13933 Filed 6–5–15; 8:45 am] The CSB is an independent federal to allow members of the public to make agency charged with investigating BILLING CODE 3411–15–P a statement at the end of the meeting. accidents and hazards that result, or The conference call operator will ask may result, in the catastrophic release of callers to identify themselves, the CHEMICAL SAFETY AND HAZARD extremely hazardous substances. The organization they are affiliated with (if INVESTIGATION BOARD agency’s Board Members are appointed any), and an email address prior to by the President and confirmed by the placing callers into the conference Sunshine Act Meeting Senate. CSB investigations look into all room. Callers can expect to incur aspects of chemical accidents and charges for calls they initiate over TIME AND DATE: June 18, 2015, 9:30 hazards, including physical causes such wireless lines, and the Commission will a.m.–1:00 p.m. EDT. as equipment failure as well as not refund any incurred charges. Callers PLACE: U.S. Chemical Safety Board, inadequacies in regulations, industry will incur no charge for calls they 2175 K St. NW., 4th Floor Conference standards, and safety management initiate over land-line connections to Room, Washington, DC 20037. systems. the toll-free telephone number. Persons STATUS: Open to the public. with hearing impairments may also MATTERS TO BE CONSIDERED: The Public Comment follow the proceedings by first calling Chemical Safety and Hazard The time provided for public the Federal Relay Service at 1–800–977– Investigation Board (CSB) will convene statements will depend upon the 8339 and providing the Service with the a public meeting on June 18, 2015, number of people who wish to speak. conference call number and conference starting at 9:30 a.m. at the CSB’s Speakers should assume that their ID number. headquarters, located at 2175 K St. NW., presentations will be limited to five Members of the public are also 4th Floor Conference Room, entitled to submit written comments; minutes or less, but commenters may Washington, DC 20037. The meeting the comments must be received in the submit written statements for the will focus on the Proposed Rule to regional office by July 23, 2015. Written record. amend 40 CFR 1600—Organization and comments may be mailed to the Functions of the Chemical Safety and Contact Person for Further Information Southern Regional Office, U.S. Hazard Investigation Board. This Commission on Civil Rights, 61 Forsyth proposed rule (80 FR 27276 (May 13, Hillary J. Cohen, Communications Street, Suite 16T126, Atlanta, GA 30303. 2015)), which was considered and Manager, [email protected] or (202) They may also be faxed to the approved during the CSB’s May 6, 2015, 446–8094. Further information about Commission at (404) 562–7005, or public meeting, adds a requirement to this public meeting can be found on the emailed to Regional Director, Jeffrey the CSB’s internal administrative rules CSB Web site at: www.csb.gov. Hinton at [email protected]. Persons for the Chairperson to add notation Dated: June 3, 2015. who desire additional information may votes that have been calendared for contact the Southern Regional Office at Mark Griffon, public discussion to the agenda of a (404) 562–7000. public meeting within 90 days of the Board Member. Records and documents discussed calendared notation vote. The proposed [FR Doc. 2015–14058 Filed 6–4–15; 4:15 pm] during the meeting will be available for rule also adds a requirement for the BILLING CODE 6350–01–P public viewing prior to and after the

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meeting at http://facadatabase.gov/ Friday, June 26, 2015, at 1:30 p.m. CST Agenda committee/meetings.aspx?cid=242 and for the purpose of discussing the Welcome and Introductions clicking on the ‘‘Meeting Details’’ and potential speakers and logistics for a Vicki Limas, Chair ‘‘Documents’’ links. Records generated September meeting on the school to Discussion of Potential Agenda for from this meeting may also be inspected prison pipeline. The Committee meeting on School to Prison and reproduced at the Southern approved a project proposal on the topic Pipeline in Oklahoma Regional Office, as they become at its March 27, 2015, meeting. Oklahoma Advisory Committee available, both before and after the Members of the public can listen to Planning Next Steps meeting. Persons interested in the work the discussion. This meeting is available Open Comment of this Committee are directed to the to the public through the following toll- Adjournment Commission’s Web site, http:// free call-in number: 888–505–4368, DATES: www.usccr.gov, or may contact the The meeting will be held on conference ID: 2862160. Any interested Friday, June 26, 2015, at 1:30 p.m. Southern Regional Office at the above member of the public may call this email or street address. PUBLIC CALL INFORMATION: number and listen to the meeting. An Dial: 888–505–4368. Agenda open comment period will be provided Conference ID: 2862160. to allow members of the public to make Call to Order FOR FURTHER INFORMATION CONTACT: a statement at the end of the meeting. David Mussatt, DFO, at 312–353–8311 Dr. Elena Flom, Chair & Jeffrey Hinton, The conference call operator will ask or [email protected]. Regional Director, SRO callers to identify themselves, the Introduction of members to the organization they are affiliated with (if Dated: June 3, 2015. committee any), and an email address prior to David Mussatt, Training requirements: Ethics training placing callers into the conference Chief, Regional Programs Unit. and Financial Disclosure form room. Callers can expect to incur [FR Doc. 2015–13895 Filed 6–5–15; 8:45 am] Status Report of subcommittee: Human charges for calls they initiate over BILLING CODE 6335–01–P Trafficking (Introduction of subject wireless lines, and the Commission will proposed to new members) not refund any incurred charges. Callers Committee consideration of proposals of will incur no charge for calls they DEPARTMENT OF COMMERCE subcommittee. initiate over land-line connections to New Business—Nomination of Vice the toll-free telephone number. Persons International Trade Administration Chairman: Dr. Elena Flom, Chair with hearing impairments may also Open Comment [A–421–811] follow the proceedings by first calling Adjourn the Federal Relay Service at 1–800–977– Purified Carboxymethylcellulose From DATES: The meeting will be held on 8339 and providing the Service with the the Netherlands: Preliminary Results Tuesday, June 23, 2015 at 12:00 p.m. conference call number and conference of Antidumping Duty Administrative EST. ID number. Review; 2013–2014 PUBLIC CALL INFORMATION: Member of the public are also entitled Dial: 888–539–3612 AGENCY: Enforcement and Compliance, to submit written comments; the Conference ID: 8058593 International Trade Administration, comments must be received in the FOR FURTHER INFORMATION CONTACT: Department of Commerce. Jeff regional office by July 26, 2015. Written Hinton, DFO, at 404–562–7006 or comments may be mailed to the SUMMARY: The Department of Commerce [email protected]. Regional Programs Unit, U.S. (the Department) is conducting an Dated: June 3, 2015. Commission on Civil Rights, 55 W. administrative review of the David Mussatt, Monroe St., Suite 410, Chicago, IL antidumping duty order on purified Chief, Regional Programs Unit. 60615. They may also be faxed to the carboxymethylcellulose (purified CMC) from the Netherlands. The period of [FR Doc. 2015–13938 Filed 6–5–15; 8:45 am] Commission at (312) 353–8324, or review (POR) is July 1, 2013, through BILLING CODE 6335–01–P emailed to Administrative Assistant, Carolyn Allen at [email protected]. June 30, 2014. The review covers one Persons who desire additional producer/exporter of the subject COMMISSION ON CIVIL RIGHTS information may contact the Regional merchandise, Akzo Nobel Functional Programs Unit at (312) 353–8311. Chemicals, B.V. (Akzo Nobel). Notice of Public Meeting of the We preliminarily determine that sales Records and documents discussed of subject merchandise by Akzo Nobel Oklahoma Advisory Committee for a during the meeting will be available for Meeting To Discuss Potential Panelists were not made at less than normal value public viewing prior to and after the during the POR. Interested parties are and Logistics for September Meeting meeting at http://facadatabase.gov/ Regarding the School to Prison invited to comment on these committee/meetings.aspx?cid=269 and preliminary results. Pipeline in Oklahoma clicking on the ‘‘Meeting Details’’ and DATES: Effective Date: June 8, 2015. AGENCY: U.S. Commission on Civil ‘‘Documents’’ links. Records generated Rights. from this meeting may also be inspected FOR FURTHER INFORMATION CONTACT: John Drury or Angelica Townsend, AD/CVD ACTION: Announcement of meeting. and reproduced at the Regional Programs Unit, as they become Operations, Office VI, Enforcement and SUMMARY: Notice is hereby given, available, both before and after the Compliance, International Trade pursuant to the provisions of the rules meeting. Persons interested in the work Administration, U.S. Department of and regulations of the U.S. Commission of this Committee are directed to the Commerce, 14th Street and Constitution on Civil Rights (Commission) and the Commission’s Web site, http:// Avenue NW., Washington, DC 20230; Federal Advisory Committee Act that www.usccr.gov, or may contact the telephone: (202) 482–0195 or (202) 482– the Oklahoma Advisory Committee Regional Programs Unit at the above 3019, respectively. (Committee) will hold a meeting on email or street address. SUPPLEMENTARY INFORMATION:

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Scope of the Order Weighted- Requests should contain: (1) The party’s The merchandise covered by the order Manufacturer/exporter average name, address, and telephone number; margin (2) the number of participants; and (3) is all purified CMC. The merchandise (percent) subject to the order is currently a list of issues to be discussed. Issues classified in the Harmonized Tariff Akzo Nobel Functional Chemi- raised in the hearing will be limited to Schedule of the United States at cals B.V.1 ...... 0.00 those raised in the respective case subheading 3912.31.00. This tariff briefs. Parties will be notified of the classification is provided for Disclosure and Public Comment time and location of the hearing. convenience and Customs purposes; The Department intends to publish The Department intends to disclose to the final results of this administrative however, the written description of the interested parties to the proceeding any scope of the order is dispositive. A full review, including the results of its calculations performed in connection analysis of issues addressed in any case description of the scope of the order is with these preliminary results of review contained in the memorandum from or rebuttal brief, no later than 120 days within five days after the date of after publication of the preliminary Christian Marsh, Deputy Assistant publication of this notice.2 Interested results, unless extended.12 Secretary for Antidumping and parties may submit case briefs to the Countervailing Duty Operations, to Paul Department in response to these Assessment Rates Piquado, Assistant Secretary for preliminary results no later than 30 days Upon completion of this Enforcement and Compliance, titled after the publication of these administrative review, the Department 3 ‘‘Decision Memorandum for Preliminary preliminary results. Rebuttal briefs, the shall determine, and U.S. Customs and Results of Antidumping Duty content of which is limited to the issues Border Protection (CBP) shall assess, Administrative Review: Purified raised in the case briefs, must be filed antidumping duties on all appropriate Carboxymethylcellulose from the within five days from the deadline date 13 4 entries. If Akzo Nobel’s weighted- Netherlands; 2013–2014’’ (Preliminary for the submission of case briefs. average dumping margin is not zero or Decision Memorandum), which is Parties who submit arguments in this de minimis in the final results of this issued concurrent with, and hereby proceeding are requested to submit with review, we will calculate importer- adopted by, this notice. each argument: (1) A statement of the specific assessment rates on the basis of The Preliminary Decision issue; (2) a brief summary of the 5 the ratio of the total amount of Memorandum is a public document and argument; and (3) a table of authorities. antidumping duties calculated for an Executive summaries should be limited is on file electronically via Enforcement importer’s examined sales and the total to five pages total, including footnotes. and Compliance’s Antidumping and entered value of such sales in Case and rebuttal briefs should be filed Countervailing Duty Centralized accordance with 19 CFR 351.212(b)(1). using ACCESS.6 In order to be properly Electronic Service System (ACCESS). If Akzo Nobel’s weighted-average filed, ACCESS must successfully receive Access to ACCESS is available to dumping margin continues to be zero or an electronically-filed document in its registered users at http:// de minimis in the final results of review, entirety by 5 p.m. Eastern Time. Case access.trade.gov and is available to all we will instruct CBP not to assess duties and rebuttal briefs must be served on parties in the Central Records Unit, on any of its entries in accordance with interested parties.7 Room 7046 of the main Department of the Final Modification for Reviews, i.e., Commerce building. In addition, a Within 30 days of the date of { } publication of this notice, interested ‘‘ w here the weighted-average margin complete version of the Preliminary of dumping for the exporter is Decision Memorandum can be accessed parties may request a public hearing on arguments raised in the case and determined to be zero or de minimis, no directly on the Internet at http:// 14 rebuttal briefs.8 Unless the Department antidumping duties will be assessed.’’ enforcement.trade.gov/frn/index.html. The final results of this review shall be A list of topics discussed in the specifies otherwise, the hearing, if requested, will be held two days after the basis for the assessment of Preliminary Decision Memorandum is antidumping duties on entries of attached as an Appendix to this notice. the date for submission of rebuttal 9 merchandise covered by the final results The signed Preliminary Decision briefs. Written argument and hearing requests should be electronically of this review and for future deposits of Memorandum and the electronic estimated duties, where applicable. versions of the Preliminary Decision submitted to the Department via 10 We intend to issue liquidation Memorandum are identical in content. ACCESS. The Department’s electronic records system, ACCESS, must instructions to CBP 15 days after Methodology successfully receive an electronically- publication of the final results of this review. The Department has conducted this filed document in its entirety by 5:00 review in accordance with section p.m. Eastern Time within 30 days after Cash Deposit Requirements the date of publication of this notice.11 751(a)(2) of the Tariff Act of 1930, as The following cash deposit amended (the Act). Constructed export requirements will be effective upon price (CEP) is calculated in accordance 1 For this administrative review, the Department preliminarily determines that Akzo Nobel and publication of the final results of this with section 772 of the Act. Normal ANC–AG should be treated as a single entity, based administrative review for all shipments value is calculated in accordance with on affiliation and intertwined relations. See the of the subject merchandise entered, or section 773 of the Act. For a full Preliminary Analysis Memorandum at 2–7. withdrawn from warehouse, for description of the methodology 2 See 19 CFR 351.224(b). 3 See 19 CFR 351.309(c)(1)(ii). underlying our conclusions, see the 12 4 See 19 CFR 351.309(d)(1) and (2). See section 751(a)(3)(A) of the Act; 19 CFR Preliminary Decision Memorandum. 351.213(h). 5 See 19 CFR 351.309(c)(2) and (d)(2). 13 See 19 CFR 351.212(b)(1). 6 See generally 19 CFR 351.303. Preliminary Results of Review 14 See Antidumping Proceedings: Calculation of 7 See 19 CFR 351.303(f). the Weighted-Average Dumping Margin and We preliminarily determine that, for 8 See 19 CFR 351.310(c). Assessment Rate in Certain Antidumping the period July 1, 2013, through June 30, 9 See 19 CFR 351.310(d)(1). Proceedings: Final Modification, 77 FR 8101, 8102 2014, the following weighted-average 10 See generally 19 CFR 351.303. (February 14, 2012) (Final Modification for dumping margin exists: 11 See 19 CFR 351.310(c). Reviews).

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consumption on or after the publication B. Product Comparisons 2918.14.0000, 2918.15.1000, date of the final results of this C. Date of Sale 2918.15.5000, and 3824.90.9290 of the administrative review, as provided by D. Constructed Export Price Harmonized Tariff System of the United section 751(a)(2)(C) of the Act: (1) The E. Normal Value States (HTSUS). Although the HTSUS 1. Home Market Viability as Comparison cash deposit rate for Akzo Nobel will be Market subheadings are provided for that established in the final results of 2. Level of Trade convenience and customs purposes, the this administrative review (except, if the 3. Cost of Production written description of merchandise rate is zero or de minimis, no cash a. Calculation of Cost of Production subject to the scope is dispositive.2 deposit will be required); (2) for b. Test of Comparison Market Sales Prices previously reviewed or investigated c. Results of the Cost of Production Test Methodology companies not listed above, the cash 4. Calculation of Normal Value Based on The Department is conducting this deposit rate will continue to be the Comparison Market Prices review in accordance with section company-specific rate published for the 6. Currency Conversion 7. Recommendation 751(a)(1)(B) and (2) of the Tariff Act of most recent period; (3) if the exporter is 1930, as amended (the Act). Constructed not a firm covered in this review, a prior [FR Doc. 2015–13952 Filed 6–5–15; 8:45 am] export price is calculated in accordance review, or in the less-than-fair-value BILLING CODE 3510–DS–P with section 772 of the Act. NV is investigation but the manufacturer is, calculated in accordance with section the cash deposit rate will be the rate DEPARTMENT OF COMMERCE 773 of the Act. For a full description of established for the most recent period the methodology underlying our for the manufacturer of the International Trade Administration conclusions, see the Preliminary merchandise; and (4) the cash deposit Decision Memorandum, which is hereby rate for all other manufacturers or [A–122–853] adopted by this notice. The Preliminary exporters will continue to be the all- Decision Memorandum is a public Citric Acid and Certain Citrate Salts others rate of 14.57 percent, which is document and is on file electronically From Canada: Preliminary Results of the all-others rate established in the via Enforcement and Compliance’s Antidumping Duty Administrative investigation.15 These cash deposit Antidumping and Countervailing Duty Review; 2013–2014 requirements, when imposed, shall Centralized Electronic Service System remain in effect until further notice. AGENCY: Enforcement and Compliance, (ACCESS). ACCESS is available to Notification to Importers International Trade Administration, registered users at http:// Department of Commerce. access.trade.gov, and to all parties in the This notice also serves as a reminder SUMMARY: The Department of Commerce Central Records Unit, Room 7046 of the to importers of their responsibility (the Department) is conducting an main Department of Commerce under 19 CFR 351.402(f)(2) to file a administrative review of the building. In addition, a complete certificate regarding the reimbursement antidumping duty order on citric acid version of the Preliminary Decision of antidumping duties prior to and certain citrate salts (citric acid) from Memorandum can be accessed at liquidation of the relevant entries Canada.1 The period of review (POR) is http://enforcement.trade.gov/frn/. The during this review period. Failure to May 1, 2013, through April 30, 2014. signed Preliminary Decision comply with this requirement could The review covers one producer/ Memorandum and the electronic result in the Department’s presumption exporter of the subject merchandise, version of the Preliminary Decision that reimbursement of antidumping Jungbunzlauer Canada Inc. (JBL Memorandum are identical in content. duties occurred and the subsequent Canada). We preliminarily determine A list of the topics discussed in the assessment of double antidumping that sales of subject merchandise by JBL Preliminary Decision Memorandum is duties. attached as an Appendix to this notice. We are issuing and publishing this Canada have not been made at prices notice in accordance with sections below normal value (NV). We invite Preliminary Results of the Review 751(a)(1) and 777(i)(1) of the Act and 19 interested parties to comment on these As a result of this review, the CFR 351.213(h)(1). preliminary results. DATES: Effective Date: June 8, 2015. Department preliminarily determines Dated: May 29, 2015. FOR FURTHER INFORMATION CONTACT: that a weighted-average dumping Ronald K. Lorentzen, Rebecca Trainor or Katherine Johnson, margin of 0.00 percent exists for JBL Acting Assistant Secretary for Enforcement AD/CVD Operations, Office II, Canada for the period May 1, 2013, and Compliance. Enforcement and Compliance, through April 30, 2014. Appendix I International Trade Administration, Disclosure and Public Comment U.S. Department of Commerce, 14th List of Topics Discussed in the Preliminary We intend to disclose to interested Decision Memorandum Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) parties the calculations performed in 1. Summary connection with these preliminary 2. Background 482–4007 or (202) 482–4929, 3. Affiliation and Treatment as a Single respectively. results within five days of the date of Entity SUPPLEMENTARY INFORMATION: 4. Scope of the Order 2 A full description of the scope of the order is 5. Discussion of the Methodology Scope of the Order contained in the memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for A. Comparisons to Normal Value The merchandise covered by this 1. Determination of Comparison Method Enforcement and Compliance, from Christian 2. Results of the Differential Pricing order is citric acid and certain citrate Marsh, Deputy Assistant Secretary for Antidumping salts from Canada. The product is and Countervailing Duty Operations, ‘‘Decision Analysis Memorandum for Preliminary Results of currently classified under subheadings Antidumping Duty Administrative Review: Citric 15 See Notice of Antidumping Duty Orders: Acid and Certain Citrate Salts from Canada’’ Purified Carboxymethylcellulose from Finland, 1 See Initiation of Antidumping and (Preliminary Decision Memorandum), dated Mexico, the Netherlands and Sweden, 70 FR 39734, Countervailing Duty Administrative Reviews, 79 FR concurrently with these results and hereby adopted 39735 (July 11, 2005). 36462 (June 27, 2014) (Initiation Notice). by this notice.

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publication of this notice in accordance the ratio of the total amount of of the merchandise; and (4) the cash with 19 CFR 351.224(b). antidumping duties calculated for the deposit rate for all other manufacturers Interested parties may submit case examined sales to the total entered or exporters will continue to be 23.21 briefs not later than 30 days after the value of the examined sales to that percent, the all-others rate established date of publication of this notice.3 importer. We will instruct CBP to assess in the less-than-fair-value Rebuttal briefs, limited to issues raised antidumping duties on all appropriate investigation.10 These requirements, in the case briefs, may be filed not later entries covered by this review when the when imposed, shall remain in effect than five days after the date for filing importer-specific assessment rate until further notice. case briefs.4 Pursuant to 19 CFR calculated in the final results of this 351.309(c)(2) and (d)(2), parties who review is above de minimis. Where Notification to Importers submit case briefs or rebuttal briefs in either the respondent’s weighted- this proceeding are encouraged to average dumping margin is zero or de This notice also serves as a submit with each argument: (1) A minimis, or the importer-specific preliminary reminder to importers of statement of the issue; (2) a brief assessment rate is zero or de minimis, their responsibility under 19 CFR summary of the argument; and (3) a we will instruct CBP to liquidate the 351.402(f)(2) to file a certificate table of authorities. appropriate entries without regard to regarding the reimbursement of Pursuant to 19 CFR 351.310(c), antidumping duties.8 antidumping duties prior to liquidation interested parties who wish to request a The Department clarified its of the relevant entries during this hearing, or to participate if one is ‘‘automatic assessment’’ regulation on review period. Failure to comply with requested, must submit a written May 6, 2003. This clarification will this requirement could result in the request to the Assistant Secretary for apply to entries of subject merchandise Secretary’s presumption that Enforcement and Compliance, U.S. during the POR produced by JBL reimbursement of antidumping duties Department of Commerce, filed Canada for which it did not know its occurred and the subsequent assessment electronically via ACCESS. An merchandise was destined for the of double antidumping duties. electronically filed document must be United States. In such instances, we will We are issuing and publishing these instruct CBP to liquidate unreviewed received successfully in its entirety by results in accordance with sections ACCESS by 5:00 p.m. Eastern Standard entries at the all-others rate if there is no 751(a)(1) and 777(i)(1) of the Act and 19 Time, within 30 days after the date of rate for the intermediate company(ies) CFR 351.221(b)(4). publication of this notice.5 Requests involved in the transaction.9 should contain: (1) The party’s name, We intend to issue instructions to Dated: June 1, 2015. address, and telephone number; (2) the CBP 41 days after the date of Ronald K. Lorentzen, number of participants; and (3) a list of publication of the final results of this Acting Assistant Secretary for Enforcement issues to be discussed. If a request for review. and Compliance. a hearing is made, the Department Cash Deposit Requirements intends to hold the hearing at the U.S. Appendix—List of Topics Discussed in Department of Commerce, 14th Street The following deposit requirements the Preliminary Decision Memorandum and Constitution Avenue NW., will be effective for all shipments of the subject merchandise entered, or I. Summary Washington, DC 20230, at a time and II. Background withdrawn from warehouse, for date to be determined. Issues raised in III. Scope of the Order consumption on or after the publication the hearing will be limited to those IV. Discussion of the Methodology date of the final results of this raised in the respective case and A. Fair Value Comparisons administrative review, as provided by rebuttal briefs. Parties should confirm 1. Determination of Comparison Method by telephone the date, time, and section 751(a)(2)(C) of the Act: (1) The 2. Results of the Differential Pricing location of the hearing two days before cash deposit rate for JBL Canada will be Analysis the scheduled date. the rate established in the final results B. Product Comparisons The Department intends to issue the of this review, except if the rate is de C. Constructed Export Price final results of this administrative minimis within the meaning of 19 CFR D. Normal Value review, including the results of its 351.106(c)(1) (i.e., less than 0.50 1. Home Market Viability and Selection of analysis of issues raised in any written percent), in which case the cash deposit Comparison Market briefs, not later than 120 days after the rate will be zero; (2) for previously 2. Level of Trade (LOT) date of publication of this notice, unless reviewed or investigated companies not E. Cost of Production (COP) Analysis the deadline is extended.6 participating in this review, the cash 1. Calculation of COP deposit rate will continue to be the 2. Test of Comparison Market Sales Prices Assessment Rates company-specific rate published for the 3. Results of the COP Test Upon completion of the most recent period; (3) if the exporter is F. Calculation of NV Based on Comparison administrative review, the Department not a firm covered in this review, a prior Market Prices shall determine, and U.S. Customs and review, or the original investigation, but G. Duty Absorption Border Protection (CBP) shall assess, the manufacturer is, the cash deposit H. Currency Conversion antidumping duties on all appropriate rate will be the rate established for the V. Recommendation entries covered by this review.7 most recent period for the manufacturer [FR Doc. 2015–13970 Filed 6–5–15; 8:45 am] We calculated importer-specific ad BILLING CODE 3510–DS–P valorem duty assessment rates based on 8 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty 3 See 19 CFR 351.309(c). Proceedings; Final Modification, 77 FR 8101, 8103 4 See 19 CFR 351.309(d). (February 14, 2012); see also 19 CFR 351.106(c)(2). 10 5 See 19 CFR 351.310(c). 9 For a full discussion of this clarification, see See Citric Acid and Certain Citrate Salts from 6 See section 751(a)(3)(A) of the Act and 19 CFR Antidumping and Countervailing Duty Proceedings: Canada and the People’s Republic of China: 351.213(h). Assessment of Antidumping Duties, 68 FR 23954 Antidumping Duty Orders, 74 FR 25703 (May 29, 7 See 19 CFR 351.212(b)(1). (May 6, 2003). 2009).

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DEPARTMENT OF COMMERCE the Preliminary Results and, at the Compliance Web site at http:// request of interested parties, held a enforcement.trade.gov/frn/index.html. International Trade Administration hearing on April 15, 2015. We extended Final Determination of No Shipments [A–570–900] the due date for the final results of review to June 2, 2015.2 We conducted We preliminarily found that Qingdao Diamond Sawblades and Parts Thereof this administrative review in Shinhan Diamond Industrial Co., Ltd. From the People’s Republic of China; accordance with section 751 of the (Qingdao Shinhan), which has been Final Results of Antidumping Duty Tariff Act of 1930, as amended (the Act). eligible for a separate rate in previous Administrative Review; 2012–2013 segments of the proceeding and is Scope of the Order subject to this review, did not have any AGENCY: Enforcement and Compliance, The merchandise subject to the order reviewable entries of subject International Trade Administration, is diamond sawblades. The diamond merchandise during the POR.4 After the Department of Commerce. sawblades subject to the order are Preliminary Results, we received no SUMMARY: On December 4, 2014, the currently classifiable under subheadings comments or additional information Department of Commerce (the 8202 to 8206 of the Harmonized Tariff with respect to Qingdao Shinhan. Department) published the preliminary Schedule of the United States (HTSUS), Therefore, for the final results, we results of the administrative review of and may also enter under 6804.21.00. continue to find that Qingdao Shinhan the antidumping duty order on diamond The HTSUS subheadings are provided did not have any reviewable entries of sawblades and parts thereof (diamond for convenience and customs purposes. subject merchandise during the POR. sawblades) from the People’s Republic A full description of the scope of the Consistent with our ‘‘automatic of China (the PRC). The period of review order is contained in the Issues and assessment’’ clarification, we will issue (POR) is November 1, 2012, through Decision Memorandum.3 The written appropriate instructions to CBP based October 31, 2013. For the final results, description is dispositive. on our final results.5 we continue to find that certain companies covered by this review made Analysis of Comments Received Changes Since the Preliminary Results sales of subject merchandise at less than All issues raised in the case and Based on our analysis of comments normal value. rebuttal briefs by parties to this received, we made revisions that have DATES: Effective Date: June 8, 2015. administrative review are addressed in changed the results for certain FOR FURTHER INFORMATION CONTACT: the Issues and Decision Memorandum. companies, including the valuation of Michael Romani or Yang Jin Chun, AD/ A list of the issues raised is attached to certain factors of production and the CVD Operations, Office I, Enforcement this notice as an appendix. The Issues PRC-wide rate. Additionally, we made and Compliance, International Trade and Decision Memorandum is a public calculation programming changes for Administration, U.S. Department of document and is on file electronically the final results. For further details on Commerce, 14th Street and Constitution via Enforcement and Compliance’s the changes we made for these final Avenue NW., Washington, DC 20230; Antidumping and Countervailing Duty results, see the company-specific telephone: (202) 482–0198 or (202) 482– Centralized Electronic Service System analysis memoranda, the Issues and 5760, respectively. (ACCESS). Access to ACCESS is Decision Memorandum, and the final SUPPLEMENTARY INFORMATION: available to registered users at http:// surrogate value memorandum, dated access.trade.gov. The Issues and concurrently with this notice. Background Decision Memorandum is also available Final Results of the Review On December 4, 2014, the Department to all parties in the Central Records published the preliminary results of the Unit, room 7046 of the main Department As a result of this administrative administrative review of the of Commerce building. In addition, a review, we determine that the following antidumping duty order on diamond complete version of the Issues and weighted-average dumping margins sawblades from the PRC.1 We received Decision Memorandum can be accessed exist for the period November 1, 2012, case and rebuttal briefs with respect to directly on the Enforcement and through October 31, 2013:

6 Margin Company (percent)

Bosun Tools Co., Ltd ...... 1.51 Chengdu Huifeng Diamond Tools Co., Ltd ...... 2.34 Danyang City Ou Di Ma Tools Co., Ltd ...... 2.34 Danyang Huachang Diamond Tools Manufacturing Co., Ltd ...... 2.34 Danyang NYCL Tools Manufacturing Co., Ltd ...... 2.34 Danyang Tsunda Diamond Tools Co., Ltd ...... 2.34 Danyang Weiwang Tools Manufacturing Co., Ltd ...... 2.34

1 See Diamond Sawblades and Parts Thereof Parts Thereof from the People’s Republic of China: 4 See Preliminary Results and the accompanying From the People’s Republic of China: Preliminary Second Extension of Deadline for Final Results of Preliminary Decision Memorandum at 5. Results of Antidumping Duty Administrative Antidumping Duty Administrative Review’’ dated 5 See Non-Market Economy Antidumping Review; 2012–2013, 79 FR 71980 (December 4, May 5, 2015. Proceedings: Assessment of Antidumping Duties, 76 2014) (Preliminary Results), and the accompanying 3 See the memorandum from Deputy Assistant Preliminary Decision Memorandum. FR 65694 (October 4, 2011) (Assessment Practice Secretary Christian Marsh to Acting Assistant 2 See the memorandum to Associate Deputy Refinement); see also the ‘‘Assessment’’ section of Secretary Ronald K. Lorentzen entitled ‘‘Issues and Assistant Secretary Gary Taverman entitled this notice, below. ‘‘Diamond Sawblades and Parts Thereof from the Decision Memorandum for the Administrative 6 During this segment of the proceeding, we People’s Republic of China: Extension of Deadline Review of the Antidumping Duty Order on identified certain name variations for several Diamond Sawblades and Parts Thereof from the for Final Results of Antidumping Duty companies. See Preliminary Results, 79 FR at People’s Republic of China’’ dated June 2, 2015, Administrative Review’’ dated April 1, 2015, and 71981, n.9, n.10, and n.11, and the accompanying the memorandum to Deputy Assistant Secretary (Issues and Decision Memorandum) and hereby Preliminary Decision Memorandum at 7–8. Christian Marsh entitled ‘‘Diamond Sawblades and adopted by this notice, at 4–5.

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6 Margin Company (percent)

Guilin Tebon Superhard Material Co., Ltd ...... 2.34 Hangzhou Deer King Industrial and Trading Co., Ltd ...... 2.34 Hangzhou Kingburg Import & Export Co., Ltd ...... 2.34 Huzhou Gu’s Import & Export Co., Ltd ...... 2.34 Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd ...... 2.34 Jiangsu Inter-China Group Corporation ...... 2.34 Jiangsu Youhe Tool Manufacturer Co., Ltd ...... 2.34 Pujiang Talent Diamond Tools Co., Ltd ...... 2.34 Qingdao Hyosung Diamond Tools Co., Ltd ...... 2.34 Qingyuan Shangtai Diamond Tools Co., Ltd ...... 2.34 Quanzhou Zhongzhi Diamond Tool Co. Ltd ...... 2.34 Rizhao Hein Saw Co., Ltd ...... 2.34 Saint-Gobain Abrasives (Shanghai) Co., Ltd ...... 2.34 Shanghai Jingquan Ind. Trade Co., Ltd ...... 2.34 Shanghai Starcraft Tools Company Limited ...... 2.34 Weihai Xiangguang Mechanical Industrial Co., Ltd ...... 3.35 Wuhan Wanbang Laser Diamond Tools Co...... 2.34 Xiamen ZL Diamond Technology Co., Ltd ...... 2.34 Zhejiang Wanli Tools Group Co., Ltd ...... 2.34 PRC-Wide Entity 7 ...... 82.05

Assessment examined sales of subject merchandise Pursuant to a refinement to the Pursuant to section 751(a)(2)(A) of the to the total sales quantity of those same Department’s assessment practice in 9 12 Act and 19 CFR 351.212(b), the sales. For customers or importers of NME cases, for entries that were not Department shall determine, and U.S. Bosun Tools Co., Ltd., and Weihai for reported in the U.S. sales databases Customs and Border Protection (CBP) which we received entered-value submitted by companies individually shall assess, antidumping duties on all information, we have calculated examined during this review, the appropriate entries covered by this customer/importer-specific Department will instruct CBP to review.8 For customers or importers of antidumping duty assessment rates liquidate such entries at the PRC-wide Weihai Xiangguang Mechanical based on customer-/importer-specific ad rate. In addition, for Qingdao Shinhan, Industrial Co., Ltd. (Weihai) for which valorem rates in accordance with 19 the exporter that we determined had no we do not have entered values, we CFR 351.212(b)(1). reviewable entries of the subject calculated customer-/importer-specific For all non-selected respondents that merchandise in this review period, any antidumping duty assessment amounts received a separate rate, we will instruct suspended entries that entered under CBP to apply an antidumping duty that exporter’s case number (i.e., at that based on the ratio of the total amount of 10 dumping duties calculated for the assessment rate of 2.34 percent to all exporter’s rate) will be liquidated at the entries of subject merchandise that PRC-wide rate. 7 The PRC-wide entity includes the following entered the United States during the We intend to issue assessment companies: ATM Single Entity, Central Iron and POR. For all other companies, except as instructions to CBP 15 days after the Steel Research Institute Group, China Iron and Steel described in Comment 2 of the Issues date of publication of the final results of Research Institute Group, Danyang Aurui Hardware and Decision Memorandum, we will review. Products Co., Ltd., Danyang Dida Diamond Tools instruct CBP to apply the antidumping Manufacturing Co., Ltd., Electrolux Construction Cash Deposit Requirements Products (Xiamen) Co. Ltd., Fujian Quanzhou duty assessment rate of the PRC-wide Wanlong Stone Co., Ltd., Hebei Jikai Industrial entity, 82.05 percent, to all entries of The following cash deposit Group Co., Ltd., Huachang Diamond Tools subject merchandise exported by these requirements will be effective upon Manufacturing Co., Ltd., Hua Da Superabrasive 11 publication of these final results of Tools Technology Co., Ltd., Jiangsu Fengyu Tools companies. Co., Ltd., Jiangyin Likn Industry Co., Ltd., Protech review for all shipments of the subject Diamond Tools, Quanzhou Shuangyang Diamond 9 Id. merchandise from the PRC entered, or Tools Co., Ltd., Quanzhou Zongzhi Diamond Tool 10 See Issues and Decision Memorandum at 5–6. withdrawn from warehouse, for Co. Ltd., Shanghai Deda Industry & Trading Co., 11 Effective March 22, 2013, a date which falls consumption on or after the publication Ltd., Shanghai Robtol Tool Manufacturing Co., Ltd., within the period of this administrative review, the Shijiazhuang Global New Century Tools Co., Ltd., Department partially revoked the antidumping duty date as provided by section 751(a)(2)(C) Sichuan Huili Tools Co., Task Tools & Abrasives, order with respect to the entries of diamond of the Act: (1) For subject merchandise Wanli Tools Group, Wuxi Lianhua Superhard sawblades from the PRC produced and exported by exported by the companies listed above Material Tools Co., Ltd., Zhejiang Tea Import & three members of the ATM Single Entity: ATM, that have separate rates, the cash Export Co., Ltd., Zhejiang Wanda Import and Export BGY, and HXF. See Certain Frozen Warmwater Co., Zhejiang Wanda Tools Group Corp., and Shrimp From the People’s Republic of China and deposit rate will be the rate established Zhejiang Wanli Super-hard Materials Co., Ltd. ATM Diamond Sawblades and Parts Thereof From the in these final results of review for each Single Entity includes Advanced Technology & People’s Republic of China: Notice of exporter as listed above; (2) for Materials Co., Ltd. (ATM), Beijing Gang Yan Implementation of Determinations Under Section previously investigated or reviewed PRC Diamond Products Co. (BGY), Yichang HXF 129 of the Uruguay Round Agreements Act and Circular Saw Industrial Co., Ltd. (currently HXF Partial Revocation of the Antidumping Duty Orders, Saw Co., Ltd.) (HXF), Cliff (Tianjin) International 78 FR 18958, 18959 n.10, 18960 (March 28, 2013) conclusive court decision in Advanced Technology Ltd (Cliff), and AT&M International Trading Co., (Section 129 Partial Revocation). In connection & Materials Co., Ltd. et al. v. United States, Court Ltd. Cliff also used the company name Cliff with a temporary restraining order and subsequent No. 2014–1154 (Fed. Cir. Oct. 24, 2014). International Ltd. See 3rd Review Prelim, 78 FR at injunction issued by the U.S. Court of International Accordingly, we intend to liquidate the entries of 77099, n.4, and the accompanying Preliminary Trade in Court No. 09–00511, the Department had subject merchandise exported by the ATM Single Decision Memorandum at 5, n.24, unchanged in 3rd suspended entries of subject merchandise exported Entity as explained in the Issues and Decision Review Final for HXF’s name change and Cliff’s use by the ATM Single Entity. See Section 129 Partial Memorandum at Comment 2. of another company name. Revocation, 78 FR 18958, 18960 n.20. This 12 For a full discussion of this practice, see 8 See 19 CFR 351.212(b)(1). injunction has dissolved as a result of the final and Assessment Practice Refinement.

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and non-PRC exporters not listed above Dated: June 2, 2015. under the Harmonized Tariff Schedule that received a separate rate in a prior Ronald K. Lorentzen, of the United States (HTSUS) item segment of this proceeding, the cash Acting Assistant Secretary for Enforcement numbers 2918.14.0000, 2918.15.1000, deposit rate will continue to be the and Compliance. 2918.15.5000, 3824.90.9290, and 3824.90.9290. Although the HTSUS exporter-specific rate; (3) for all PRC Appendix exporters of subject merchandise that numbers are provided for convenience have not been found to be entitled to a Summary and customs purposes, the written Background separate rate, the cash deposit rate will product description remains dispositive. Company Abbreviations A full description of the scope of the be that for the PRC-wide entity, except Other Abbreviations order is contained in the memorandum as described in Comment 2 of the Issues Diamond Sawblades Administrative 13 from Christian Marsh, Deputy Assistant and Decision Memorandum; (4) for all Determinations and Results Secretary for Antidumping and non-PRC exporters of subject Scope of the Order Surrogate Country Countervailing Duty Operations to merchandise which have not received Ronald K Lorentzen, Acting Assistant their own rate, the cash deposit rate will Separate Rates Discussion of the Issues Secretary for Enforcement and be the rate applicable to the PRC Separate Rate Compliance, ‘‘Decision Memorandum exporter that supplied that non-PRC Untimely Filed Separate Rate Applications for the Preliminary Results of the exporter. These deposit requirements Value-Added Tax Countervailing Duty Administrative shall remain in effect until further Differential Pricing Review: Citric Acid and Certain Citrate notice. Surrogate Values Salts; 2013’’ (Preliminary Decision Request To Apply Adverse Facts Available Memorandum), dated concurrently Notification to Importers Recommendation with, and hereby adopted by, this [FR Doc. 2015–13942 Filed 6–5–15; 8:45 am] This notice serves as a final reminder notice. to importers of their responsibility BILLING CODE 3510–DS–P The Preliminary Decision Memorandum is a public document and under 19 CFR 351.402(f)(2) to file a is on file electronically via Enforcement certificate regarding the reimbursement DEPARTMENT OF COMMERCE and Compliance’s Antidumping and of antidumping duties prior to Countervailing Duty Centralized liquidation of the relevant entries International Trade Administration Electronic Service System (ACCESS). during this review period. Failure to [C–570–938] ACCESS is available to registered users comply with this requirement could at http://access.trade.gov and in the result in the Secretary’s presumption Citric Acid and Certain Citrate Salts: Central Records Unit, Room 7046 of the that reimbursement of the antidumping Preliminary Results of Countervailing main Department of Commerce duties occurred and the subsequent Duty Administrative Review; 2013 building. In addition, a complete assessment of double antidumping version of the Preliminary Decision AGENCY: Enforcement and Compliance, duties. Memorandum can be accessed directly International Trade Administration, on the internet at http://www.trade.gov/ Department of Commerce. Administrative Protective Orders enforcement/. The signed Preliminary SUMMARY: The Department of Commerce This notice also serves as the only Decision Memorandum and the (the Department) is conducting an electronic version of the Preliminary reminder to parties subject to administrative review of the administrative protective order (APO) of Decision Memorandum are identical in countervailing duty (CVD) order on content. their responsibility concerning the citric acid and certain citrate salts from return or destruction of proprietary the People’s Republic of China (PRC) for Methodology information disclosed under APO in the period of review (POR) covering The Department conducted this accordance with 19 CFR 351.305(a)(3). January 1, 2013, through December 31, review in accordance with section Timely written notification of the return 2013. These preliminary results cover 751(a)(1)(A) of the Tariff Act of 1930, as or destruction of APO materials or Laiwu Taihe Biochemistry Co. Ltd. amended (the Act). For each of the conversion to judicial protective order is (Taihe). We preliminarily determine subsidy programs found hereby requested. Failure to comply that Taihe received countervailable countervailable, we preliminarily with the regulations and terms of an subsidies during the POR. Interested determine that there is a subsidy (i.e., a APO is a sanctionable violation. parties are invited to comment on these financial contribution from an authority preliminary results. These final results of review are that gives rise to a benefit to the DATES: Effective Date: June 8, 2015. recipient) and that the subsidy is issued and published in accordance 1 FOR FURTHER INFORMATION CONTACT: specific. with sections 751(a)(1) and 777(i) of the In making these findings, we relied, in Act. Elizabeth Eastwood or Shannon Morrison, AD/CVD Operations, Office II, part, on facts otherwise available. Enforcement and Compliance, Because the Government of the PRC did not act to the best of its ability to 13 Consistent with partial revocation of the order International Trade Administration, in Section 129 Partial Revocation and the U.S. Department of Commerce, 14th respond to the Department’s requests for dissolution of injunction pursuant to which Street and Constitution Avenue NW., information, we used an adverse incoming entries of subject merchandise from the Washington, DC 20230; telephone (202) inference in selecting from among the 2 ATM Single Entity remained suspended from 482–3874 or (202) 482–6274, facts otherwise available. For further liquidation, no cash deposits for estimated respectively. information, see ‘‘Use of Facts antidumping duties will be required for ATM, BGY, and HXF. See Section 129 Partial Revocation, 78 FR Scope of the Order 1 See sections 771(5)(B) and (D) of the Act at 18959 n.10 and 18960 (‘‘Accordingly, the regarding financial contribution; section 771(5)(E) Department will instruct CBP . . . to discontinue The merchandise subject to the order of the Act regarding benefit; and section 771(5A) of the collection of cash deposits for estimated is citric acid and certain citrate salts. the Act regarding specificity. antidumping duties for {ATM, BGY, and HXF}’’). The product is currently classified 2 See sections 776(a) and (b) of the Act.

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Otherwise Available and Adverse should contain: (1) The party’s name, 7. Conclusion Inferences’’ in the Preliminary Decision address, and telephone number: (2) the [FR Doc. 2015–13949 Filed 6–5–15; 8:45 am] Memorandum. number of participants; and (3) a list of BILLING CODE 3510–DS–P Finally, as discussed in the the issues to be discussed. Issues raised Preliminary Decision Memorandum in the hearing will be limited to those under ‘‘Programs for Which Additional raised in the respective case briefs. If a DEPARTMENT OF COMMERCE Information is Required,’’ we require request for a hearing is made, we will additional information to allow us to inform parties of the scheduled date for International Trade Administration analyze whether the following programs the hearing, which will be held at the [A–570–967] are countervailable: ‘‘Environmental U.S. Department of Commerce, 14th Tax Offset’’ and ‘‘National Support Street and Constitution Avenue NW., Aluminum Extrusions From the Fund for 2011 Energy Saving Project, Washington, DC 20230, at a time and People’s Republic of China: Circulation Economy and Resource location to be determined.9 Parties Preliminary Results of Antidumping Conservation Project and Pollution should confirm by telephone the date, Duty Administrative Review; 2013– Abatement Project.’’ time, and location of the hearing. 2014 For a full description of the Unless the deadline is extended AGENCY: methodology underlying the pursuant to section 751(a)(3)(A) of the Enforcement and Compliance, International Trade Administration, Department’s conclusions, see the Act, the Department will issue the final Department of Commerce. Preliminary Decision Memorandum. results of this administrative review, SUMMARY: The Department of Commerce Preliminary Results of the Review including the results of its analysis of issues raised in any written briefs, not (the Department) is conducting an As a result of this review, we later than 120 days after the date of administrative review of the preliminarily determine a net publication of this notice, pursuant to antidumping duty order on aluminum countervailable subsidy rate of 33.31 section 751(a)(3)(A) of the Act. extrusions from the People’s Republic of percent ad valorem for Taihe, for the China (PRC).1 The period of review period January 1, 2013, through Assessment Rates (POR) is May 1, 2013 through April 30, December 31, 2013. Upon issuance of the final results, the 2014. These preliminary results cover Disclosure and Public Comment Department shall determine, and U.S. 39 companies for which an Customs and Border Protection (CBP) administrative review was initiated and The Department will disclose to 2 shall assess, countervailing duties on all not rescinded. The Department parties to this proceeding the appropriate entries covered by this selected the following companies as calculations performed in reaching the review. We intend to issue instructions mandatory respondents: Guangzhou preliminary results within five days of to CBP 15 days after publication of the Jangho Curtain Wall System Engineering the date of publication of these final results of this review. Co., Ltd. and Jangho Curtain Wall Hong preliminary results.3 Pursuant to 19 CFR Kong Ltd. (collectively, Jangho), Union 351.309(c), interested parties may Cash Deposit Instructions Industry (Asia) Co., Ltd. (Union), and submit case briefs to the Department no The Department also intends to Guang Ya Aluminium Industries Co., later than 30 days after the day on instruct CBP to collect cash deposits of Ltd., Foshan Guangcheng Aluminium which these preliminary results are Co., Ltd., Kong Ah International 4 estimated countervailing duties in the published in the Federal Register. amount shown above. For all non- Company Limited, and Guang Ya Rebuttal briefs, limited to issues raised reviewed firms, we will instruct CBP to Aluminium Industries (Hong Kong) Ltd. in the case briefs, may be filed not later collect cash deposits of estimated (collectively, Guang Ya Group); than five days after the date for filing Guangdong Zhongya Aluminium 5 countervailing duties at the most recent case briefs. Parties who submit case company-specific or all-others rate Company Limited, Zhongya Shaped briefs or rebuttal briefs in this applicable to the company. These cash Aluminium (HK) Holding Limited, and proceeding are encouraged to submit deposit requirements, when imposed, Karlton Aluminum Company Ltd. with each argument: (1) A statement of shall remain in effect until further (collectively, Zhongya); and Xinya the issue; (2) a brief summary of the Aluminum & Stainless Steel Product 6 notice. argument; and (3) a table of authorities. This administrative review and notice Co., Ltd. (Xinya) (collectively, Guang Ya Case and rebuttal briefs should be filed Group/Zhongya/Xinya).3 The 7 are in accordance with sections using ACCESS. 751(a)(1) and 777(i)(1) of the Act and 19 Interested parties who wish to request 1 CFR 351.213. The Department initiated this review on June a hearing, or to participate if one is 27, 2014. See Initiation of Antidumping and requested, must submit a written Dated: June 1, 2015. Countervailing Duty Administrative Reviews, 79 FR request to the Assistant Secretary for Ronald K Lorentzen, 36462 (June 27, 2014) (Initiation Notice). 2 This administrative review initially covered 155 Enforcement and Compliance, filed Acting Assistant Secretary for Enforcement companies. See Initiation Notice. However, on electronically via ACCESS. An and Compliance. January 29, 2015, the Department rescinded this electronically-filed document must be review with respect to 116 companies. See Appendix received successfully in its entirety by Aluminum Extrusions From the People’s Republic the Department’s electronic records List of Topics Discussed in the Preliminary of China: Partial Rescission of Antidumping Duty Decision Memorandum Administrative Review, 80 FR 4868 (January 29, system, ACCESS, by 5 p.m. Eastern 2015). Time within 30 days after the date of 1. Summary 3 In prior segments of this proceeding the publication of this notice.8 Requests 2. Background Department found that the Guang Ya Group, 3. Scope of the Order Zhongya, and Xinya were affiliated with each other and should be treated as a single entity. See, e.g., 3 See 19 CFR 351.224(b). 4. Use of Facts Otherwise Available and Aluminum Extrusions From the People’s Republic 4 Adverse Inferences See 19 CFR 351.309(c)(1)(ii). of China: Final Results of Antidumping Duty 5 5. Subsidies Valuation Information See 19 CFR 351.309(d). Administrative Review and Rescission, in Part, 6 See 19 CFR 351.309(c)(2) and (d)(2). 6. Analysis of Programs 2010/12, 79 FR 96 (January 2, 2014) (2010–2012 7 See 19 CFR 351.303. Final Results) and Aluminum Extrusions From the 8 See 19 CFR 351.310(c). 9 See 19 CFR 351.310. Continued

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Department preliminarily finds that Schedule of the United States (HTSUS): aluminum alloy. Petitioner (Aluminum Union did not make sales of subject 7610.10.00, 7610.90.00, 7615.10.30, Extrusions Fair Trade Committee) merchandise at less than normal value. 7615.10.71, 7615.10.91, 7615.19.10, advocates that the Department impose a In addition, the Department 7615.19.30, 7615.19.50, 7615.19.70, certification requirement related to preliminarily determines that Jangho 7615.19.90, 7615.20.00, 7616.99.10, these products, which the Department is and Guang Ya Group/Zhongya/Xinya 7616.99.50, 8479.89.98, 8479.90.94, considering in the context of these failed to cooperate by not acting to the 8513.90.20, 9403.10.00, 9403.20.00, scope proceedings. Parties that wish to best of their abilities to fully comply 7604.21.00.00, 7604.29.10.00, file comments on this potential with the Department’s requests for 7604.29.30.10, 7604.29.30.50, certification requirement must do so on information, warranting the application 7604.29.50.30, 7604.29.50.60, the record of these scope proceedings.6 of facts otherwise available with adverse 7608.20.00.30, 7608.20.00.90, The final scope rulings, including our inferences, pursuant to sections 776(a) 8302.10.30.00, 8302.10.60.30, decision with respect to the certification and 776(b) of the Tariff Act of 1930, as 8302.10.60.60, 8302.10.60.90, issue, are currently due July 7, 2015. 8302.20.00.00, 8302.30.30.10, amended (the Act). We also Separate Rates preliminarily determine that one 8302.30.30.60, 8302.41.30.00, company, Xin Wei Aluminum Company 8302.41.60.15, 8302.41.60.45, In the Initiation Notice, we informed Limited (Xin Wei), had no shipments. If 8302.41.60.50, 8302.41.60.80, parties of the opportunity to request a these preliminary results are adopted in 8302.42.30.10, 8302.42.30.15, separate rate.7 In proceedings involving the final results of this review, we will 8302.42.30.65, 8302.49.60.35, non-market economy (NME) countries, instruct U.S. Customs and Border 8302.49.60.45, 8302.49.60.55, the Department begins with a rebuttable Protection (CBP) to assess antidumping 8302.49.60.85, 8302.50.00.00, presumption that all companies within duties on all appropriate entries. 8302.60.90.00, 8305.10.00.50, the NME country are subject to Interested parties are invited to 8306.30.00.00, 8418.99.80.05, government control and, thus, should be comment on these preliminary results. 8418.99.80.50, 8418.99.80.60, assigned a single weighted-average dumping margin. It is the Department’s DATES: Effective Date: June 8, 2015. 8419.90.10.00, 8422.90.06.40, 8479.90.85.00, 8486.90.00.00, policy to assign all exporters of FOR FURTHER INFORMATION CONTACT: 8487.90.00.80, 8503.00.95.20, merchandise subject to an Deborah Scott, Mark Flessner or Robert 8515.90.20.00, 8516.90.50.00, administrative review involving an James, AD/CVD Operations, Office VI, 8516.90.80.50, 8708.80.65.90, NME country this single rate unless an Enforcement and Compliance, 9401.90.50.81, 9403.90.10.40, exporter can demonstrate that it is International Trade Administration, 9403.90.10.50, 9403.90.10.85, sufficiently independent so as to be Department of Commerce, 1401 9403.90.25.40, 9403.90.25.80, entitled to a separate rate. Companies Constitution Avenue NW., Washington, 9403.90.40.05, 9403.90.40.10, that wanted to be considered for a DC 20230; telephone: (202) 482–2657, 9403.90.40.60, 9403.90.50.05, separate rate in this review were (202) 482–6312 or (202) 482–0649, 9403.90.50.10, 9403.90.50.80, required to timely file a separate-rate respectively. 9403.90.60.05, 9403.90.60.10, application or a separate-rate SUPPLEMENTARY INFORMATION: 9403.90.60.80, 9403.90.70.05, certification to demonstrate their 9403.90.70.10, 9403.90.70.80, Scope of the Order eligibility for a separate rate. Separate- 9403.90.80.10, 9403.90.80.15, rate applications and separate-rate The merchandise covered by the 9403.90.80.20, 9403.90.80.30, certifications were due to the Order 4 is aluminum extrusions which 9403.90.80.41, 9403.90.80.51, Department within 60 calendar days of are shapes and forms, produced by an 9403.90.80.61, 9506.51.40.00, the publication of the Initiation Notice. extrusion process, made from aluminum 9506.51.60.00, 9506.59.40.40, In this review, 14 companies for alloys having metallic elements 9506.70.20.90, 9506.91.00.10, which a review was requested and corresponding to the alloy series 9506.91.00.20, 9506.91.00.30, which remain under review did not designations published by The 9506.99.05.10, 9506.99.05.20, submit separate-rate information to Aluminum Association commencing 9506.99.05.30, 9506.99.15.00, rebut the presumption that they are with the numbers 1, 3, and 6 (or 9506.99.20.00, 9506.99.25.80, subject to government control.8 These proprietary equivalents or other 9506.99.28.00, 9506.99.55.00, certifying body equivalents).5 9506.99.60.80, 9507.30.20.00, 6 See Letter from Trending Imports LLC to the Imports of the subject merchandise 9507.30.40.00, 9507.30.60.00, Department, ‘‘Aluminum Extrusions from the are provided for under the following 9507.90.60.00, and 9603.90.80.50. People’s Republic of China: Trending Imports LLC Request for Scope Ruling Concerning 5050 Alloy categories of the Harmonized Tariff The subject merchandise entered as Extrusions,’’ dated December 12, 2013, and Letter parts of other aluminum products may from Kota International, LTD to the Department, People’s Republic of China: Final Results of be classifiable under the following ‘‘Antidumping Duty and Countervailing Duty Antidumping Duty Administrative Review; 2012– additional Chapter 76 subheadings: Orders on Aluminum Extrusions from the People’s 2013, 79 FR 78784 (December 31, 2014) (2012–2013 7610.10, 7610.90, 7615.19, 7615.20, and Republic of China: Scope Ruling Request,’’ dated Final Results). October 21, 2013. 4 See Aluminum Extrusions from the People’s 7616.99 as well as under other HTSUS 7 See Initiation Notice, 79 FR at 36463–36464. Republic of China: Antidumping Duty Order, 76 FR chapters. In addition, fin evaporator 8 One company, Zhaoqing New Zhongya 30650 (May 26, 2011) (Order). coils may be classifiable under HTSUS Aluminum Co., Ltd. (New Zhongya), was 5 See Memorandum from Christian Marsh, Deputy numbers: 8418.99.80.50 and determined to have been succeeded by Guangdong Assistant Secretary for Antidumping and 8418.99.80.60. While HTSUS Zhongya Aluminum Company Limited (Guangdong Countervailing Duty Operations to Ronald K. Zhongya) in a changed circumstances review. See Lorentzen, Acting Assistant Secretary for subheadings are provided for Aluminum Extrusions From the People’s Republic Enforcement and Compliance, ‘‘Decision convenience and customs purposes, the of China: Final Results of Changed Circumstances Memorandum for Preliminary Results of written description of the scope of this Review, 77 FR 54900 (September 6, 2012). Thus, Antidumping Duty Administrative Review: Order is dispositive. despite the fact that a review was initiated of New Aluminum Extrusions from the People’s Republic Zhongya, it is not being included among these 14 of China; 2013–2014,’’ dated concurrently with this The Department is conducting two companies because its successor in interest, notice (Preliminary Decision Memorandum) for a scope inquiries concerning aluminum Guangdong Zhongya, is part of the Guang Ya complete description of the scope of the Order. extrusions made from 5 series Group/Zhongya/Xinya single entity.

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companies are: Aluminicaste Fundicion others rate in an investigation, for Department requested that CBP conduct de Mexico; China Zhongwang Holdings, guidance when calculating the rate for a query on potential shipments made by Ltd.; Classic & Contemporary Inc.; separate-rate respondents which we did Xin Wei during the POR; CBP provided Dongguan Golden Tiger; Dongguan not examine individually in an no evidence that contradicted Xin Wei’s Golden Tiger Hardware Industrial Co., administrative review. Section claim of no shipments. Based on Xin Ltd.; Gold Mountain International 735(c)(5)(A) of the Act notes a Wei’s no-shipment certification and our Development, Ltd.; Golden Dragon preference that we are not to calculate analysis of the CBP information, we Precise Copper Tube Group, Inc.; an all-others rate using rates for preliminarily determine that Xin Wei Metaltek Metal Industry Co., Ltd.; Nidec individually-examined respondents had no shipments during the POR. In Sankyo Singapore Pte. Ltd.; Press Metal which are zero, de minimis, or based addition, consistent with our practice in International Ltd.; tenKsolar, Inc.; entirely on facts available. Section NME cases, the Department is not Tianjin Jinmao Import & Export Corp., 735(c)(5)(B) of the Act provides that, rescinding this review, in part, but Ltd.; WTI Building Products, Ltd.; and where all rates are zero, de minimis, or intends to complete the review with Zahoqing China Square Industry based entirely on facts available, the respect to Xin Wei and issue Limited/Zhaoqing China Square Department may use ‘‘any reasonable appropriate instructions to CBP based Industry Limited. As further discussed method’’ for assigning a rate to non- on the final results of the review.13 in the Preliminarily Decision examined respondents. Memorandum, we preliminarily For these preliminary results, the Application of Adverse Facts Available determine that these entities have not rates we determined for the mandatory Pursuant to sections 776(a)(2)(B), (C), demonstrated that they operate free respondents were either zero, de and (D) of the Act, the Department from government control and thus are minimis, or based on entirely on facts preliminarily finds that the use of facts not eligible for a separate rate. available. Therefore, we preliminarily otherwise available is warranted with One additional company under determine that the application of the respect to Jangho because Jangho failed review, Shenyang Yuanda Aluminium rate from the investigation in this to provide information in the form and Industry Engineering Co., Ltd. (Yuanda), proceeding to the non-examined manner requested by the Department, submitted a separate-rate application, separate-rate companies is consistent and therefore significantly impeded the 9 but, as further discussed in the with precedent and the most proceeding.14 Furthermore, for the Preliminary Decision Memorandum, we appropriate method to determine the information which Jangho did provide, 10 preliminarily determine not to grant this separate rate in the instant review. a large amount of that information company a separate rate because its Pursuant to this method, we are would not be verifiable.15 We also find separate-rate application did not contain preliminarily assigning the margin of that the use of facts otherwise available evidence of a suspended entry of subject 32.79 percent, the most recent margin is warranted with respect to Guang Ya merchandise during the POR. calculated for the non-examined Group/Zhongya/Xinya in accordance In addition to Union, 11 companies 11 separate-rate respondents, to the non- with sections 776(a)(2)(A) and (C) of the still under review submitted separate- examined separate-rate respondents in Act, because Guang Ya Group/Zhongya/ rate applications or separate-rate the instant review. Xinya withheld information that was certifications and responses to requested and, by not providing supplemental questionnaires which Preliminary Determination of No requested information, significantly provide sufficient information to Shipments impeded the proceeding. preliminarily determine that they are One company remaining under entitled to a separate rate. These eleven review, Xin Wei, timely submitted a Further, pursuant to section 776(b) of companies are: Allied Maker Limited; certification indicating that it had no the Act, the Department preliminarily Changzhou Changzheng Evaporator Co., sales, shipments, or entries of subject determines that both Jangho and Guang Ltd.; Dongguan Aoda Aluminum Co., merchandise during the POR.12 Ya Group/Zhongya/Xinya failed to Ltd.; Justhere Co., Ltd.; Kam Kiu Consistent with our practice, the cooperate by not acting to the best of Aluminium Products Sdn Bhd; Kromet their abilities to comply with the International Inc. (Kromet); Metaltek 9 See, e.g., Certain Frozen Warmwater Shrimp Department’s requests for information, Group Co., Ltd.; Permasteelisa South From the People’s Republic of China: Preliminary and, thus, an adverse inference is Results and Preliminary Partial Rescission of Fifth warranted. China Factory; Permasteelisa Hong Kong Antidumping Duty Administrative Review, 76 FR Ltd.; Taishan City Kam Kiu Aluminium 8338, 8342 (February 14, 2011), unchanged in Because the Department preliminarily Extrusion Co., Ltd.; and tenKsolar Administrative Review of Certain Frozen determines that Jangho and Guang Ya (Shanghai) Co., Ltd. A full discussion of Warmwater Shrimp From the People’s Republic of Group/Zhongya/Xinya failed to China: Final Results and Partial Rescission of cooperate by not acting to the best of the basis for granting these companies a Antidumping Duty Administrative Review, 76 FR separate rate can be found in the 51940 (August 19, 2011); see also Administrative their abilities to comply with requests Preliminary Decision Memorandum. Review of Certain Frozen Warmwater Shrimp From for information, we have determined the People’s Republic of China: Final Results and that they are not eligible for a separate Rate for Non-Examined Companies Partial Rescission of Antidumping Duty rate.16 Regarding Jangho, the Which Are Eligible for a Separate Rate Administrative Review, 75 FR 49460, 49463 (August 13, 2010). The statute and the Department’s 10 This is also consistent with the Department’s 13 See Non-Market Economy Antidumping regulations do not address the determination in prior segments of this proceeding. Proceedings: Assessment of Antidumping Duties, 76 establishment of the rate applied to See 2010–2012 Final Results, 79 FR at 99 and 2012– FR 65694, 65695 (October 24, 2011). 14 individual respondents not selected for 2013 Final Results, 79 FR at 78786. See Memorandum to Abdelali Elouaradia, 11 This margin is from the less-than-fair-value ‘‘2013–2014 Preliminary Results of the individual examination when the investigation. See Aluminum Extrusions From the Antidumping Duty Administrative Review of Department limits its examination in an People’s Republic of China: Final Determination of Aluminum Extrusions from the People’s Republic administrative review pursuant to Sales at Less Than Fair Value, 76 FR 18524, 18530 of China; Application of Adverse Facts Available section 777A(c)(2) of the Act. Generally, (April 4, 2011). for Jangho,’’ dated June 1, 2015 (Jangho AFA 12 See Letter from Xin Wei to the Department, Memorandum); see also Preliminary Decision the Department looks to section ‘‘Aluminum Extrusions from the People’s Republic Memorandum. 735(c)(5) of the Act, which provides of China: Certification of No Sales, Shipments, or 15 Id. instructions for calculating the all- Entries,’’ dated August 26, 2014. 16 See section 776(b) of the Act.

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Department preliminarily finds that wide entity in this review, the entity is Memorandum and the electronic Jangho’s original questionnaire and not under review and the entity’s rate version of the Preliminary Decision supplemental questionnaire responses from the previous administrative review Memorandum are identical in content. were grossly deficient, and therefore the (i.e., 33.28 percent) is not subject to Adjustments for Countervailable record does not contain the information change.19 Subsidies necessary to make a separate rate Methodology determination.17 Guang Ya Group/ Because no mandatory respondent Zhongya/Xinya, on the other hand, The Department is conducting this established eligibility for an adjustment failed to provide a response to the review in accordance with section under section 777A(f) of the Act for Department’s questionnaire at all. As 751(a)(1)(B) of the Act. We calculated countervailable domestic subsidies, the such, separate rates are not warranted export prices in accordance with section Department, for these preliminary for Jangho or Guang Ya Group/Zhonya/ 772 of the Act. Because the PRC is an results, did not make an adjustment Xinya. NME country within the meaning of pursuant to section 777A(f) of the Act section 771(18) of the Act, the PRC-Wide Entity for countervailable domestic subsidies Department calculated normal value in for Union or the separate-rate As the Department preliminarily accordance with section 773(c) of the recipients.20 determines, based on AFA, that Jangho Act. and Guang Ya Group/Zhongya/Xinya For a full description of the Pursuant to section 772(c)(1)(C) of the are not eligible for a separate rate, we methodology underlying our Act, the Department made an determine that both companies are part preliminary results, see the Preliminary adjustment for countervailable export Decision Memorandum, dated subsidies. For Union, we made an of the PRC-wide entity. 21 In addition, 14 companies still subject concurrently with these results and adjustment to its reported U.S. price. to these preliminary results are not hereby adopted by this notice. A list of For the companies eligible for a separate eligible for separate-rate status because the topics included in the Preliminary rate, because all of these companies they did not submit separate-rate Decision Memorandum is included as participated in the second applications or certifications, and one an appendix to this notice. The countervailing duty administrative 22 company still under review, Yuanda, Preliminary Decision Memorandum is a review, an adjustment has been made submitted a separate-rate application public document and is on file based on the countervailable export that did not demonstrate eligibility for electronically via Enforcement and subsidy found for the non-selected a separate rate. As a result, the Compliance’s Antidumping and companies in the final results of the Department preliminarily finds these 15 Countervailing Duty Centralized second countervailing duty companies are also part of the PRC-wide Electronic Service System (ACCESS). administrative review (or its own 23 entity. ACCESS is available to registered users calculated rate, in the case of Kromet). The Department’s change in policy at http://access.trade.gov and to all For the PRC-wide entity, since the regarding conditional review of the parties in the Central Records Unit, entity is not currently under review, its PRC-wide entity applies to this Room 7046 of the main Department of rate is not subject to change.24 18 administrative review. Under this Commerce building. In addition, parties Preliminary Results of Review policy, the PRC-wide entity will not be can obtain a complete version of the under review unless a party specifically Preliminary Decision Memorandum on The Department preliminarily requests, or the Department self- the Internet at http:// determines that the following weighted- initiates, a review of the entity. Because enforcement.trade.gov/frn/index.html. average dumping margins exist for the no party requested a review of the PRC- The signed Preliminary Decision POR:

Margin Weighted- adjusted for average liquidation Exporter dumping and cash margin deposit (percent) purposes (percent)

Allied Maker Limited ...... 32.79 32.51 Changzhou Changzheng Evaporator Co., Ltd ...... 32.79 32.51 Dongguan Aoda Aluminum Co., Ltd ...... 32.79 32.51 Justhere Co., Ltd ...... 32.79 32.51 Kam Kiu Aluminium Products Sdn Bhd 25 ...... 32.79 32.51 Kromet International Inc ...... 32.79 32.44 Metaltek Group Co., Ltd ...... 32.79 32.51 Permasteelisa Hong Kong Ltd 26 ...... 32.79 32.51 tenKsolar (Shanghai) Co., Ltd ...... 32.79 32.51 Union Industry (Asia) Co., Ltd ...... 0.00 0.00

17 See Jangho AFA Memorandum. 21 See Memorandum from Mark Flessner to the Duty Administrative Review; 2012, 79 FR 78788, 18 See Antidumping Proceedings: Announcement File, ‘‘2013–2014 Administrative Review of the 78789–90 (December 31, 2014). of Change in Department Practice for Respondent Antidumping Duty Order on Aluminum Extrusions 23 See Preliminary Decision Memorandum. Selection in Antidumping Duty Proceedings and from the People’s Republic of China: Analysis of the 24 See 2012–2013 Final Results, 79 FR at 78787. Conditional Review of the Nonmarket Economy Preliminary Results Margin Calculation for Union As the rate for the PRC-wide entity is not subject Entity in NME Antidumping Duty Proceedings, 78 Industry (Asia) Co., Ltd.,’’ dated June 1, 2015. to change in the instant review, the margin from the FR 65963, 65970 (November 4, 2013). 2012–2013 Final Results that we are applying to the 22 See Aluminum Extrusions From the People’s 19 See 2012–2013 Final Results, 79 FR at 78787. PRC-wide entity in the instant review is net of Republic of China: Final Results of Countervailing 20 See Preliminary Decision Memorandum. countervailable domestic and export subsidies.

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Additionally, the Department five days after the case briefs are filed.29 margin is zero or de minimis, or an preliminarily determines that the Parties who submit arguments are importer- (or customer-) specific following companies are part of the requested to submit with the argument assessment rate is zero or de minimis, PRC-wide entity: Jangho (which (a) a statement of the issue, (b) a brief the Department will instruct CBP to includes Guangzhou Jangho Curtain summary of the argument, and (c) a liquidate the appropriate entries Wall System Engineering Co., Ltd. and table of authorities.30 Parties submitting without regard to antidumping duties. Jangho Curtain Wall Hong Kong Ltd.); briefs should do so pursuant to the We intend to instruct CBP to liquidate Guang Ya Group/Zhongya/Xinya (which Department’s electronic filing entries containing subject merchandise includes Guang Ya Aluminium requirements. exported by the PRC-wide entity at the Industries Co., Ltd.; Foshan Guangcheng Any interested party may request a PRC-wide rate. Aluminium Co., Ltd.; Kong Ah hearing within 30 days of publication of For entries that were not reported in International Company Limited; Guang this notice.31 Hearing requests should the U.S. sales database submitted by an Ya Aluminium Industries (Hong Kong) contain the following information: (1) exporter individually examined during Ltd.; Guangdong Zhongya Aluminium The party’s name, address, and this review, the Department will Company Limited; Zhongya Shaped telephone number; (2) the number of instruct CBP to liquidate such entries at Aluminium (HK) Holding Limited; participants; and (3) a list of the issues the PRC-wide rate. Additionally, if the Karlton Aluminum Company Ltd.; and to be discussed. Oral presentations will Department determines that an exporter Xinya Aluminum & Stainless Steel be limited to issues raised in the case under review had no shipments of the Product Co., Ltd.); Aluminicaste and rebuttal briefs. If a request for a subject merchandise, any suspended Fundicion de Mexico; China hearing is made, parties will be notified entries that entered under that Zhongwang Holdings, Ltd.; Classic & of the time and date for the hearing to exporter’s case number will be Contemporary Inc.; Dongguan Golden be held at the U.S. Department of liquidated at the PRC-wide rate.34 Tiger; Dongguan Golden Tiger Hardware Commerce, 14th Street and Constitution The final results of this review shall Industrial Co., Ltd.; Gold Mountain Avenue NW., Washington, DC 20230.32 be the basis for the assessment of International Development, Ltd.; Golden Unless extended, the Department antidumping duties on entries of Dragon Precise Copper Tube Group, intends to issue the final results of this merchandise covered by the final results Inc.; Metaltek Metal Industry Co., Ltd.; administrative review, which will of this review and for future deposits of Nidec Sankyo Singapore Pte. Ltd.; Press include the results of our analysis of all estimated duties, where applicable. Metal International Ltd.; Shenyang issues raised in the case briefs, within Cash Deposit Requirements Yuanda Aluminium Industry 120 days of publication of these Engineering Co., Ltd.; tenKsolar, Inc.; preliminary results in the Federal The following cash deposit Tianjin Jinmao Import & Export Corp., Register, pursuant to section requirements for estimated antidumping Ltd.; WTI Building Products, Ltd.; and 751(a)(3)(A) of the Act. duties, when imposed, will apply to all Zahoqing China Square Industry shipments of subject merchandise from Limited/Zhaoqing China Square Assessment Rates the PRC entered, or withdrawn from Industry Limited. The rate previously Upon issuance of the final results of warehouse, for consumption on or after established for the PRC-wide entity in this review, the Department will the publication of the final results of the previous administrative review is determine, and CBP shall assess, this administrative review, as provided 33.28 percent.27 antidumping duties on all appropriate by section 751(a)(2)(C) of the Act: (1) If entries covered by this review.33 The the companies preliminarily determined Disclosure and Public Comment Department intends to issue assessment to be eligible for a separate rate receive The Department intends to disclose to instructions to CBP 15 days after a separate rate in the final results of this the parties the calculations performed publication of the final results of this administrative review, their cash for these preliminary results within five review. deposit rate will be equal to the days of the date of publication of this For each individually examined weighted-average dumping margin notice in accordance with 19 CFR respondent whose weighted-average established in the final results of this 351.224(b). Interested parties may dumping margin is above de minimis review, as adjusted for domestic and submit case briefs no later than 30 days (i.e., 0.50 percent) in the final results of export subsidies (except, if that rate is after the date of publication of these this review, the Department will de minimis, then the cash deposit rate preliminary results of review.28 Rebuttal calculate importer-specific ad valorem will be zero); (2) for any previously briefs, limited to issues raised in the duty assessment rates based on the ratio investigated or reviewed PRC and non- case briefs, may be filed no later than of the total amount of dumping PRC exporters that are not under review calculated for the importer’s examined in this segment of the proceeding but 25 Although the Department initiated a review for sales to the total entered value of those that received a separate rate in the most both Taishan City Kam Kiu Aluminium Extrusion same sales, in accordance with 19 CFR Co., Ltd. and Kam Kiu Aluminium Products Sdn recently completed segment of this Bhd, it is apparent from the company’s separate-rate 351.212(b)(1). We will instruct CBP to proceeding, the cash deposit rate will application that Kam Kiu Aluminium Products Sdn assess antidumping duties on all continue to be the exporter-specific rate Bhd is the exporter and Taishan City Kam Kiu appropriate entries covered by this published for the most recently Aluminium Extrusion Co., Ltd. is a producer only; review where an importer- (or customer- thus, Kam Kiu Aluminium Products Sdn Bhd is the completed segment of this proceeding; appropriate party to grant the separate rate status. ) specific assessment rate calculated in (3) for all PRC exporters of subject 26 Although the Department initiated a review for the final results of this review is above merchandise that have not been found Permasteelisa South China Factory and de minimis. Where either the to be entitled to a separate rate, the cash Permasteelisa Hong Kong Ltd., it is apparent from respondent’s weighted-average dumping deposit rate will be that for the PRC- the company’s separate-rate application that 35 Permasteelisa Hong Kong Ltd. is the exporter and wide entity, which is 33.18 percent; Permasteelisa South China Factory is a producer 29 See 19 CFR 351.309(d)(1)–(2). only; thus, Permasteelisa Hong Kong Ltd. is the 30 See 19 CFR 351.309(c)(2) and (d)(2). 34 See Non-Market Economy Antidumping appropriate party to grant the separate rate status. 31 See 19 CFR 351.310(c). Proceedings: Assessment of Antidumping Duties, 76 27 See 2012–2013 Final Results, 79 FR at 78787. 32 See 19 CFR 351.310(d). FR 65694 (October 24, 2011). 28 See 19 CFR 351.309(c)(1)(ii). 33 See 19 CFR 351.212(b)(1). 35 See 2012–2013 Final Results, 79 FR at 78787.

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and (4) for all non-PRC exporters of 26. Recommendation February 23, 2015, Dezhou Kaihang subject merchandise which have not [FR Doc. 2015–13967 Filed 6–5–15; 8:45 am] submitted its case brief.5 On March 19, received their own rate, the cash deposit BILLING CODE 3510–DS–P 2015, petitioner Monterey Mushrooms rate will be the rate applicable to the submitted a rebuttal brief.6 PRC exporter that supplied that non- Scope of the Order PRC exporter. DEPARTMENT OF COMMERCE These cash deposit requirements, The products covered by this when imposed, shall remain in effect International Trade Administration antidumping order are certain preserved mushrooms, whether imported whole, until further notice. [A–570–851] sliced, diced, or as stems and pieces. Notification to Importers Certain Preserved Mushrooms From The merchandise subject to this order is This notice also serves as a the People’s Republic of China: Final classifiable under subheadings: preliminary reminder to importers of Results of Antidumping Duty New 2003.10.0127, 2003.10.0131, their responsibility under 19 CFR Shipper Review; 2013–2014 2003.10.0137, 2003.10.0143, 351.402(f)(2) to file a certificate 2003.10.0147, 2003.10.0153, and regarding the reimbursement of AGENCY: Enforcement and Compliance, 0711.51.0000 of the Harmonized Tariff antidumping duties prior to liquidation International Trade Administration, Schedule of the United States (HTSUS). of the relevant entries during this Department of Commerce. Although the HTSUS subheadings are review period. Failure to comply with DATES: Effective Date: June 8, 2015. provided for convenience and customs purposes, the written description of the this requirement could result in the SUMMARY: The Department of Commerce scope of this order is dispositive.7 Department’s presumption that (the Department) published the reimbursement of antidumping duties Preliminary Results of the 2013/2014 Analysis of Comments Received occurred and the subsequent assessment new shipper review on January 22, All issues raised in the case and of double antidumping duties. 1 2015. This review covers one company, rebuttal briefs by parties in this review Notification to Interested Parties Dezhou Kaihang Agricultural Science are addressed in the Issues and Decision We are issuing and publishing notice Technology Co., Ltd. (Dezhou Kaihang). Memorandum. A list of the issues which of these preliminary results in We gave interested parties an parties raised is attached to this notice accordance with sections 751(a)(1) and opportunity to comment on the as an appendix. The Issues and Decision 777(i)(1) of the Act and 19 CFR Preliminary Results. Based upon our Memorandum is a public document and 351.221(b)(4). analysis of the comments received, we is on file in the Central Records Unit made changes to the margin calculations (CRU), Room 7046 of the main Dated: June 1, 2015. for these final results. As a result of Department of Commerce building, as Ronald K. Lorentzen, these changes, we find that Dezhou well as electronically via Enforcement Acting Assistant Secretary for Enforcement Kaihang did not make sales of subject and Compliance’s Antidumping and and Compliance. merchandise at less than normal value. Countervailing Duty Centralized Appendix The period of review (POR) is February Electronic Service System (ACCESS). 1, 2013 through February 28, 2014.2 ACCESS is available to registered users List of Topics Discussed in the Preliminary Decision Memorandum FOR FURTHER INFORMATION CONTACT: at https://access.trade.gov and in the Michael J. Heaney or Robert James, CRU. In addition, a complete version of 1. Summary 2. Background AD/CVD Operations, Office VI, the Issues and Decision Memorandum 3. Respondent Selection Enforcement and Compliance, can be accessed directly on the internet 4. Scope of the Order International Trade Administration, at http://enforcement.trade.gov/frn/ 5. Affiliation and Collapsing U.S. Department of Commerce, 14th index.html. The signed Issues and 6. Preliminary Determination of No Street and Constitution Avenue NW., Decision Memorandum and electronic Shipments Washington, DC 20230; telephone: (202) versions of the Issues and Decision 7. Non-Market Economy Country 482–4475 or (202) 482–0649, Memorandum are identical in content. 8. Separate Rates respectively. 9. Separate-Rate Recipients Changes Since the Preliminary Results 10. Rate for Separate-Rate Recipients SUPPLEMENTARY INFORMATION: Based on our review of the comments 11. The PRC-Wide Entity 12. Application of Facts Available and Use of Background received from interested parties regarding our Preliminary Results, and Adverse Inference The Department published the 13. Surrogate Country and Surrogate Value for the reasons explained in the Issues Preliminary Results on January 22, and Decision Memorandum, we have Data 3 14. Surrogate Country 2015. On March 13, 2015, the revised the margin calculation for 15. Economic Comparability Department extended the deadline for 4 16. Significant Producers of Identical or issuing the final results by 60 days. On of China: Extension of Deadline for Final Results of Comparable Merchandise Antidumping Duty New Shipper Review: 2013– 17. Data Availability 1 See Certain Preserved Mushrooms From the 2014. 18. Date of Sale People’s Republic of China: Preliminary Results of 5 See February 23, 2015 letter from Dezhou 19. Comparisons to Normal Value Antidumping Duty New Shipper Review; 2013/ Kaihang to Secretary of Commerce Re: Certain A. Determination of Comparison Method 2014, 80 FR 3216 (January 22, 2015) (Preliminary Preserved Mushrooms from the People’s Republic B. Results of the Differential Pricing Results). of China; Submission of Case Brief. 2 Analysis As noted in the Preliminary Results, the 6 See March 19, 2015 letter from Monterey Department extended the review period for this 20. Export Price Mushrooms to Secretary of Commerce from new shipper review to capture the entry associated Monterey Mushrooms. 21. Value-Added Tax with the sale made by Dezhou Kaihang during the 7 For a complete description of the scope of the 22. Normal Value POR. See 19 CFR 351.214(f)(2)(ii). order, see ‘‘Certain Preserved Mushrooms from the 23. Factor Valuations 3 See Preliminary Results. People’s Republic of China: Issues and Decision 24. Adjustments for Countervailable 4 See Memorandum dated March 13, 2015 from Memorandum for the Final Results in the 2013/ Subsidies Michael J. Heaney to Christian Marsh Re: Certain 2014 New Shipper Review’’ dated June 1, 2015 25. Currency Conversion Preserved Mushrooms from the People’s Republic (Issues and Decision Memorandum).

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Dezhou Kaihang. The analysis Final Results of Review through February 28, 2014 and for the memorandum for Dezhou Kaihang following exporter/producer contains further explanation of the The weighted average dumping combination is as follows: margin calculations utilized in the final margin for the final results of this results.8 review for the period February 1, 2013

Weighted- average Exporter Producer dumping margin (percent)

Dezhou Kaihang Agricultural Science Technology Co., Ltd ...... Shandong Fengyu Edible Fungus Co., Ltd ...... 0.00

Disclosure for subject merchandise exported by Dated: June 1, 2015. The Department intends to disclose Dezhou Kaihang but not produced by Ronald K. Lorentzen, calculations performed for these final Shandong Fengyu Edible Fungus Co., Acting Assistant Secretary for Enforcement results to the parties within five days of Ltd., the cash deposit rate will be that and Compliance. for the PRC-wide entity (i.e., 308.33 the date of publication of this notice, in List of Topics Discussed in the percent); and (3) for subject accordance with 19 CFR 351.224(b). Accompanying Issues and Decision merchandise produced by Shandong Memorandum Assessment Rates Fengyu Edible Fungus Co., Ltd. but not Pursuant to section 751(a)(2)(C) of the exported by Dezhou Kaihang, the cash Summary Tariff Act of 1930 as amended (the Act) deposit rate will be the rate applicable Background to that exporter. These cash deposit Scope of the Order and 19 CFR 351.212(b), the Department Discussion Of Issues will determine, and CBP shall assess, requirements, when imposed, shall Comment 1 Metal Cans antidumping duties on all appropriate remain in effect until further notice. Comment 2 Coal entries of subject merchandise covered Notification to Importers Comment 3 Labor Cost by this review. The Department intends Comment 4 Surrogate Financial Ratios to issue assessment instructions to CBP This notice serves as a final reminder Recommendation 15 days after the date of publication of to importers of their responsibility [FR Doc. 2015–13979 Filed 6–5–15; 8:45 am] these final results of review. under 19 CFR 351.402(f)(2) to file a BILLING CODE 3510–DS–P For assessment purposes, because certificate regarding the reimbursement Dezhou Kaihang’s margin is zero, we of antidumping duties prior to will instruct CBP to liquidate the entry liquidation of the relevant entries DEPARTMENT OF COMMERCE covered in this new shipper review during this POR. Failure to comply with without regard to antidumping duties. this requirement could result in the International Trade Administration Department’s presumption that On October 24, 2011, the Department [A–570–937] announced a refinement to its reimbursement of antidumping duties assessment practice in non-market occurred and the subsequent assessment Citric Acid and Certain Citrate Salts economy cases. 9 Pursuant to this of double antidumping duties. From the People’s Republic of China: refinement in practice, for entries that Notification Regarding Administrative Preliminary Results of Antidumping were not reported in the U.S. sales Protective Order Duty Administrative Review; 2013– databases submitted by Dezhou Kaihang 2014 during this review, the Department will This notice also serves as the only instruct CBP to liquidate at the PRC- reminder to parties subject to AGENCY: Enforcement and Compliance, wide rate. administrative protective order (APO) of International Trade Administration, their responsibility concerning the Department of Commerce. Cash Deposit Requirements return or destruction of proprietary SUMMARY: The Department of Commerce The following cash deposit information disclosed under APO in (‘‘the Department’’) is conducting the requirements will be effective upon accordance with 19 CFR 351.305(a)(3), fifth administrative review (‘‘AR’’) of the publication of the final results of this which continues to govern business antidumping duty order on citric acid new shipper review for shipments of the proprietary information in this segment and certain citrate salts (‘‘citric acid’’) subject merchandise from the PRC of the proceeding. Timely written from the People’s Republic of China entered, or withdrawn from warehouse, notification of the return or destruction (‘‘PRC’’). The review covers three for consumption on or after the of APO materials, or conversion to companies, RZBC Co., Ltd., RZBC publication date, as provided by section judicial protective order, is hereby Import & Export Co., Ltd., and RZBC 751(a)(2)(C) of the Act: (1) For subject requested. Failure to comply with the (Juxian) Co., Ltd. (collectively, ‘‘RZBC’’), merchandise produced by Shandong regulations and terms of an APO is a Laiwu Taihe Biochemistry Co., Ltd. Fengyu Edible Fungus Co., Ltd. and sanctionable violation. (‘‘Taihe’’), and Yixing Union exported by Dezhou Kaihang, no cash We are issuing and publishing these Biochemical Ltd. (‘‘Yixing Union’’). The deposit rate will be required since the results and this notice in accordance period of review (‘‘POR’’) for the AR is rate established in the Final Results of with sections 751(a)(2)(B) and 777(i) of May 1, 2013, through April 30, 2014. Review section of this notice is zero; (2) the Act. We preliminarily determine that Yixing

8 See Memorandum to the File from Michael J. Shipper Review of the Antidumping Duty Order on 9 See Non-Market Economy Antidumping Heaney ‘‘Analysis of Data Submitted by Dezhou Certain Preserved Mushrooms from the People’s Proceedings: Assessment of Antidumping Duties, 76 Kaihang Agricultural Science Technology Co., Ltd Republic of China (PRC)’’ dated June 1, 2015 FR 65694 (October 24, 2011). (Dezhou Kaihang) in the Final Results of New (Dezhou Kaihang Final Analysis Memorandum).

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Union did not have any reviewable transactions, we preliminarily A list of the topics discussed in the transactions during the POR. For RZBC determine that Yixing Union did not Preliminary Decision Memorandum, is and Taihe, because of outstanding have any reviewable transactions during attached as the Appendix to this notice. issues pertaining to the selection of the the POR. Preliminary Results of Review surrogate country, we have In addition, consistent with our preliminarily assigned to each its cash practice, the Department is not The following weighted-average deposit rate currently in effect. rescinding this review, in part, but dumping margins exist for the period DATES: Effective Date: June 8, 2015. intends to complete the review with May 1, 2013, through April 30, 2014. FOR FURTHER INFORMATION CONTACT: respect to Yixing Union for which it has Krisha Hill or Maisha Cryor, AD/CVD preliminarily found no shipments and Weighted- Operations, Office IV, Enforcement and issue appropriate instructions to CBP average based on the final results of the review. Exporter dumping Compliance, International Trade margin Administration, Department of Methodology (percent) 4 Commerce, 14th Street and Constitution The Department is conducting this Avenue NW., Washington, DC 20230; RZBC Imp. & Exp. Co., Ltd. 0.00 review in accordance with section telephone: (202) 482–4037 or (202) 482– Laiwu Taihe Biochemistry 751(a)(1)(A) of the Tariff Act of 1930, as 5831, respectively. Co., Ltd ...... 3.08 amended (‘‘the Act’’). The Department SUPPLEMENTARY INFORMATION: normally calculates export prices in Public Comment Scope of the Order accordance with section 772 of the Act, and because the PRC is a non-market We request that interested parties The merchandise covered by this economy within the meaning of section submit surrogate country and surrogate order is citric acid and certain citrate 771(18) of the Act, the Department value data from a country or countries salts from the PRC. The product is normally calculates normal value in identified in the Surrogate Country currently classified under subheadings 5 accordance with section 773(c) of the Memo by close of business on June 15, 2918.14.0000, 2918.15.1000, Act. However, we are unable to 2015. Rebuttal comments and rebuttal 2918.15.5000, and 3824.90.9290 of the determine normal value in accordance surrogate value data will be due by close Harmonized Tariff System of the United with section 773(c) for these of business on June 22, 2015. In the States (HTSUS). Although the HTSUS Preliminary Results because parties did event that no interested party provides subheadings are provided for not submit appropriate surrogate value surrogate country and surrogate value convenience and customs purposes, the data in accordance with our normal data within this time period, then the written description of merchandise requirements, and we did not have Department will conduct its own subject to the scope is dispositive. For sufficient time to obtain and analyze research in an effort to obtain such data. a full description of the scope of the additional data prior to the Preliminary We intend to issue post-preliminary order, see Preliminary Decision Results. Accordingly, we are applying results after we receive and analyze the Memorandum.1 neutral facts available under section surrogate country and surrogate value Preliminary Determination of No 776(a) of the Act and preliminarily data submitted after the preliminary Shipments assigning RZBC and Taihe their current results. We will provide interested Yixing Union reported it made no cash deposit rates. As indicated below parties an opportunity to comment on shipments of subject merchandise to the and in the Preliminary Decision such post-preliminary results. United States during the POR.2 On Memorandum, we intend to seek All submissions, with limited November 20, 2014, the Department additional data following the exceptions, must be filed electronically placed information from a U.S. Customs Preliminary Results and intend to select using ACCESS. An electronically filed and Border Protection (‘‘CBP’’) data an appropriate surrogate country based document must be received successfully query related to potential POR entries of on the results of further inquiry and in its entirety by 5 p.m. Eastern Time subject merchandise from Yixing analysis. (‘‘ET’’) on the due date. Documents Union.3 Based on Yixing Union’s no For a full description of the excepted from the electronic submission shipments certification, and because methodology underlying our requirements must be filed manually CBP had no findings of reviewable conclusions, see the Preliminary (i.e., in paper form) with the Decision Memorandum, which is hereby APO/Dockets Unit in Room 18022 and 1 See ‘‘Decision Memorandum for Preliminary adopted by this notice. The Preliminary stamped with the date and time of Results of Antidumping Duty Administrative Decision Memorandum is a public receipt by 5 p.m. ET on the due date.6 Review: Citric Acid and Certain Citrate Salts from document and is on file electronically the People’s Republic of China’’ from Christian via Enforcement and Compliance’s Marsh, Deputy Assistant Secretary, Antidumping 4 See Citric Acid and Certain Citrate Salts From and Countervailing Duty Operations, to Ronald K. Antidumping and Countervailing Duty the People’s Republic of China: Final Results of Lorentzen, Acting Assistant Secretary for Centralized Electronic Service System Antidumping Duty Administrative Review; 2012– Enforcement and Compliance, issued concurrently (‘‘ACCESS’’). ACCESS is available to 2013, 79 FR 65182 (November 3, 2014) (Taihe); see with this notice (‘‘Preliminary Decision registered users at http:// also Citric Acid and Certain Citrate Salts From the Memorandum’’), for a complete description of the People’s Republic of China; Final Results of Scope of the Order. access.trade.gov and in the Central Antidumping Duty Administrative Review; 2011– 2 See Letter from Yixing Union to the Department, Records Unit, Room 7046 of the main 2012, 79 FR 101 (January 2, 2014) (RZBC). regarding ‘‘Yixing-Union Biochemical Co., Ltd. Department of Commerce building. In 5 See Letter from the Department to All Interested Statement of No Shipments during the POR: addition, a complete version of the Parties, regarding ‘‘2013–2014 Administrative Antidumping Administrative Review of Citric Acid Review of the Antidumping Duty Order on Citric and Certain Citrate Salts from the People’s Republic Preliminary Decision Memorandum can Acid and Certain Citrate Salts from the People’s of China,’’ dated July 8, 2014. be accessed directly at http:// Republic of China: Request for Surrogate Country 3 See Memorandum to the File Regarding www.trade.gov/enforcement/. The and Surrogate Value Comments and Information,’’ ‘‘Release of U.S. Customs and Border Protection signed Preliminary Decision dated January 9, 2015 (‘‘Surrogate Country Memo’’). Information Relating to No Shipment Claims Made 6 See Antidumping and Countervailing Duty in the 2013–2014 Administrative Review of Citric Memorandum and the electronic Proceedings: Electronic Filing Procedures; Acid and Certain Citrate Salts from the People’s versions of the Preliminary Decision Administrative Protective Order Procedures, 76 FR Republic of China,’’ dated November 20, 2014. Memorandum are identical in content. 39263 (July 6, 2011).

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The Department will issue the final merchandise from the PRC entered, or DEPARTMENT OF COMMERCE results of this AR, which will include withdrawn from warehouse, for the results of its analysis of issues raised consumption on or after the publication International Trade Administration in any briefs received, within 120 days date, as provided by section 751(a)(2)(C) [A–570–851] of publication of these preliminary of the Act: (1) For the companies listed results, pursuant to section 751(a)(3)(A) above that have a separate rate, the cash Certain Preserved Mushrooms From of the Act, unless that time is extended. deposit rate will be that rate established the People’s Republic of China: Final in the final results of these reviews Assessment Rates Results of Antidumping Duty (except, if the rate is zero or de minimis, Administrative Review; 2013–2014; and Upon issuing the final results of this then a zero cash deposit will be Partial Rescission of Review review, the Department will determine, required); (2) for previously investigated and CBP shall assess, antidumping or reviewed PRC and non-PRC exporters AGENCY: Enforcement and Compliance, duties on all appropriate entries.7 The listed above that received a separate rate International Trade Administration, Department intends to issue assessment in a prior segment of this proceeding, Department of Commerce. instructions to CBP 15 days after the the cash deposit rate will continue to be DATES: Effective Date: June 8, 2015. publication date of the final results of the existing exporter-specific rate; (3) for SUMMARY: The Department of Commerce this review. all PRC exporters of subject (the Department) published the For each individually examined merchandise that have not been found Preliminary Results of the 2013/2014 respondent in this review whose to be entitled to a separate rate, the cash administrative review on December 3, weighted-average dumping margin is deposit rate will be the rate for the PRC- 2014.1 We gave interested parties an above de minimis (i.e., 0.5 percent) in wide entity; and (4) for all non-PRC opportunity to comment on the the final results of this review, the exporters of subject merchandise which Preliminary Results. Based upon our Department will calculate importer- have not received their own rate, the analysis of the comments received, we specific assessment rates on the basis of cash deposit rate will be the rate made changes to the margin calculations the ratio of the total amount of dumping applicable to the PRC exporter that for these final results. The final calculated for the importer’s examined supplied that non-PRC exporter. dumping margins are listed below in the sales to the total entered value of those These deposit requirements, when ‘‘Final Results of Review’’ section of this sales, in accordance with 19 CFR imposed, shall remain in effect until notice. The period of review (POR) is 351.212(b)(1).8 Where an importer- (or further notice. February 1, 2013 through January 31, customer-) specific ad valorem rate is 2014. The review covers two mandatory Notification to Importers greater than de minimis, the Department respondents, Zhangzhou Gangchang will instruct CBP to collect the This notice also serves as a Canned Foods Co., Ltd. (Gangchang) appropriate duties at the time of preliminary reminder to importers of and Linyi City Kangfa Foodstuff liquidation.9 Where either a their responsibility under 19 CFR Drinkable Co., Ltd. (Kangfa). respondent’s weighted average dumping 351.402(f)(2) to file a certificate FOR FURTHER INFORMATION CONTACT: margin is zero or de minimis, or an regarding the reimbursement of Michael J. Heaney or Robert James, AD/ importer- (or customer-) specific ad antidumping duties prior to liquidation CVD Operations, Office VI, Enforcement valorem dumping margin is zero or de of the relevant entries during this and Compliance, International Trade minimis, the Department will instruct review period. Failure to comply with Administration, U.S. Department of CBP to liquidate appropriate entries this requirement could result in the Commerce, 14th Street and Constitution without regard to antidumping duties.10 Department’s presumption that Avenue NW., Washington, DC 20230; For entries that were not reported in reimbursement of antidumping duties telephone: (202) 482–4475 or (202) 482– the U.S. sales database submitted by an occurred and the subsequent assessment 0649, respectively. of double antidumping duties. exporter individually examined during SUPPLEMENTARY INFORMATION: this review, the Department will We are issuing and publishing these instruct CBP to liquidate such entries at results in accordance with sections Background the PRC-wide rate. Additionally, if the 751(a)(1) and 777(i)(1) of the Act and 19 The Department published the Department determines that an exporter CFR 351.213. Preliminary Results on December 3, under review had no shipments of the Dated: June 1, 2015. 2014.2 On March 13, 2015, the subject merchandise, any suspended Ronald K. Lorentzen, Department extended the deadline for entries that entered under that Acting Assistant Secretary for Enforcement issuing the final results by 60 days, until exporter’s case number will be and Compliance. June 1, 2015.3 On January 9, 2015, liquidated at the PRC-wide rate. Gangchang and Kangfa submitted a joint Appendix 4 Cash Deposit Requirements case brief. On January 21, 2015, List of Topics Discussed in the Preliminary The following cash deposit Decision Memorandum 1 See Certain Preserved Mushrooms From the requirements will be effective upon Summary People’s Republic of China: Preliminary Results of publication of the final results of this Background Antidumping Duty Administrative Review; 2013/ 2014, 79 FR 71746 (December 3, 2014) (Preliminary review for shipments of the subject Scope of the Order Results). Discussion of the Methodology 2 See Preliminary Results. 7 See 19 CFR 351.212(b). Preliminary Determination of No 3 See Memorandum dated March 13, 2015 from 8 In these preliminary results, the Department Shipments Michael J. Heaney to Christian Marsh Re: Certain applied the assessment rate calculation method Non-Market Economy Country Status Preserved Mushrooms from the People’s Republic adopted in Antidumping Proceedings: Calculation Separate Rates of China: Extension of Deadline for Final Results of of the Weighted-Average Dumping Margin and Surrogate Country Antidumping Duty Administrative Review: 2013– Assessment Rate in Certain Antidumping Use of Facts Otherwise Available 2014. Proceedings: Final Modification, 77 FR 8101 Conclusion 4 See January 9, 2015 letter from Gangchang and (February 14, 2012). Kangfa to Secretary of Commerce Re: Certain 9 See 19 CFR 351.212(b)(1). [FR Doc. 2015–13953 Filed 6–5–15; 8:45 am] Preserved Mushrooms from the People’s Republic 10 See 19 CFR 351.212(b)(1). BILLING CODE 3510–DS–P Continued

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petitioner Monterey Mushrooms the margin calculations utilized in the requested a review of the PRC-wide submitted a rebuttal brief.5 final results.7 entity and the Department no longer Final Determination of No Shipments considers the PRC-wide entity as an Scope of the Order exporter conditionally subject to In the Preliminary Results, we The products covered by this administrative reviews, we did not determined that Xiamen International conduct a review of the PRC-wide entity antidumping order are certain preserved Trade & Industrial Co., Ltd. (XITIC) and mushrooms, whether imported whole, and the entity’s rate is not subject to Zhangzhou Hongda Import & Export change. Finally, we note that one of the sliced, diced, or as stems and pieces. Trading Co., Ltd. (Zhangzhou Hongda) The merchandise subject to this order is companies determined to be a part of did not have any reviewable entries the PRC-wide entity in our Preliminary classifiable under subheadings: during the POR because both XITIC and 2003.10.0127, 2003.10.0131, Results, Dezhou Kaihang Agricultural Zhangzhou Hongda submitted timely Science Technology Co., Ltd. (Dezhou 2003.10.0137, 2003.10.0143, certifications of no shipments, entries, Kaihang), is a respondent in a new 2003.10.0147, 2003.10.0153, and or sales of subject merchandise during shipper review covering the period 0711.51.0000 of the Harmonized Tariff the POR and we did not receive any February 1, 2013 through February 28, Schedule of the United States (HTSUS). information from U.S. Customs and 2014, the final results of which are Although the HTSUS subheadings are Border Protection (CBP) indicating there being issued concurrent with these final provided for convenience and customs were reviewable entries for XITIC or results. Because the new shipper review purposes, the written description of the Zhangzhou Hongda during the POR. 6 encompasses the entire POR of the scope of this order is dispositive. Consistent with the Department’s administrative review, Dezhou assessment practice in non-market Kaihang’s sole sale during the POR is Analysis of Comments Received economy cases, we stated in the covered by the new shipper review and, Preliminary Results that the Department All issues raised in the case and therefore there is no reviewable entry would not rescind the review in these rebuttal briefs by parties in this review subject to this administrative review.10 circumstances but, rather, would are addressed in the Issues and Decision Accordingly, we are rescinding this complete the review with respect to Memorandum. A list of the issues which administrative review with respect to XITIC and Zhangzhou Hongda and issue parties raised is attached to this notice Dezhou Kaihang. appropriate instructions to CBP based as an appendix. The Issues and Decision on the final results of the review.8 We For the companies subject to this Memorandum is a public document and did not receive any comments following review that established their eligibility is on file in the Central Records Unit our Preliminary Results with respect to for a separate rate, the weighted average (CRU), Room 7046 of the main this issue. As such, in these final dumping margins for the final results of Department of Commerce building, as results, we continue to determine that this review for the POR are as follows: well as electronically via Enforcement XITIC and Zhangzhou Hongda had no and Compliance’s Antidumping and reviewable entries of subject Fujian Tongfa Foods Group Co., Ltd., (12) Fuzhou Countervailing Duty Centralized merchandise during the POR. Sunshine Imp. & Exp. Co., Ltd., (13) Fujian Yuxing Electronic Service System (ACCESS). Fruits and Vegetables Foodstuffs Development Co., ACCESS is available to registered users Final Results of Review and Partial Ltd., (14) Fujian Zishan Group Co., Ltd., (15) Rescission of Review Golden Banyan Foodstuffs Co., Ltd., (16) Guangxi at https://access.trade.gov and in the Eastwing Trading Co., Ltd., (17) Guangxi Hengyong CRU. In addition, a complete version of In our Preliminary Results, we found Industrial & Commercial Dev. Ltd., (18) Guangxi the Issues and Decision Memorandum that 48 companies subject to this review Jisheng Foods, Inc., (19) Inter-Foods (Dongshan) did not establish their eligibility for a Co., Ltd., (20) Longhai Guangfa Food Co., Ltd., (21) can be accessed directly on the internet Longhai Jiasheng Food Co., Ltd., (22) Primera at http://enforcement.trade.gov/frn/ separate rate and that they were, thus, Harvest (Xiangfan) Co., Ltd., (23) Qingdao Canned index.html. The signed Issues and part of the PRC-wide entity. In these Foods Co., Ltd., (24) Shandong Fengyu Edible Decision Memorandum and electronic final results, we continue to determine Fungus Corporation Ltd., (25) Shandong Jiufa Edible Fungus Corporation, Ltd., (26) Shandong versions of the Issues and Decision that 47 of these companies are part of 9 Yinfeng Rare Fungus Corporation, Ltd., (27) Memorandum are identical in content. the PRC-wide entity. Because no party Synehon (Xiamen) Trading Co., Ltd., (28) Sun Wave Trading Co., Ltd., (29) Xiamen Carre Food Co., Ltd., Changes Since the Preliminary Results 7 See Memorandum to the File from Michael J. (30) Xiamen Choice Harvest Imp., (31) Xiamen Heaney ‘‘Analysis of Data Submitted by Zhangzhou Greenland Import & Export Co., Ltd., (32) Xiamen Based on our review of the comments Gangchang Canned Foods Co., Ltd. (Gangchang) in Gulong Import & Export Co., Ltd., (33) Xiamen received from interested parties the Final Results of Administrative Review of the Gulong Import Export Co. Ltd., (34) Xiamen Jiahua Antidumping Duty Order on Certain Preserved Import & Export Trading Co., Ltd., (35) Xiamen regarding our Preliminary Results, and Mushrooms from the People’s Republic of China Longhuai Import & Export Co., Ltd., (36) Xiamen for the reasons explained in the Issues (PRC)’’ dated June 2, 2015 at 2 (Gangchang Final Sungiven Import & Export Co., Ltd., (37) Xiamen and Decision Memorandum, we have Analysis Memorandum); see also Memorandum to Yubang Import Export Trading Co. Ltd., (38) revised the margin calculation for both the File from Michael J. Heaney ‘‘Analysis of Data Zhangzhou Golden Banyan Foodstuffs Industrial Submitted by Linyi City Kangfa Foodstuff Drinkable Co., Ltd., (39) Zhangzhou Lixing Imp. & Exp. Trade Gangchang and Kangfa. The respective Co., Ltd. in the Final Results of Administrative Co., Ltd., (40) Zhangzhou Long Mountain Foods analysis memoranda for Gangchang and Review of the Antidumping Duty Order on Certain Co., Ltd., (41) Zhangzhou Tan Co., Ltd., (42) Kangfa contain further explanation of Preserved Mushrooms from the People’s Republic Zhangzhou Tianbaolong Food Co., Ltd., (43) of China (PRC)’’ dated June 2, 2015 (Kangfa Final Zhangzhou Tongfa Foods Industry Co., Ltd., (44) Analysis Memorandum) at 2. Zhangzhou Yuxing Imp. & Exp. Trading Co., Ltd., of China; Submission of Respondents’ Case Brief 8 See Preliminary Results, 79 FR at 71747. (45) Zhangzhou Xiangcheng Rainbow & Greenland (Respondents Case Brief). 9 These 47 exporters are: (1)Ayecue (Liaocheng) Food Co., Ltd., (46) Zhejiang Iceman Food Co., Ltd., 5 See January 21, 2015 letter from Monterey Foodstuff Co., Ltd., (2) Blue Field (Sichuan) Food and (47) Zhejiang Iceman Group Co., Ltd. Mushrooms to Secretary of Commerce from Industrial Co., Ltd., (3) China National Cereals, Oils 10 See Certain Preserved Mushrooms From the Monterey Mushrooms (Petitioner’s Rebuttal Brief). & Foodstuffs Import & Export Corp., (4) China People’s Republic of China: Preliminary Results of 6 For a complete description of the scope of the Processed Food Import & Export Co., (5) Dalian J&N Antidumping Duty New Shipper Review; 2013/ order, see ‘‘Certain Preserved Mushrooms from the Foods Co., Ltd., (6) Dujiangyan Xingda Foodstuff 2014, 80 FR 3216 (January 22, 2015) and People’s Republic of China: Issues and Decision Co., Ltd., (7) Fujian Dongshan Changlong Trade Co., Accompanying Decision Memorandum at 1 Memorandum for the Final Results in the 2013/ Ltd., (8) Fujian Golden Banyan Foodstuffs (unchanged in final). We further note that Dezhou 2014 Administrative Review,’’ dated June 1, 2015 Industrial Co., Ltd., (9) Fujian Haishan Foods Co., Kaihang’s entry entered subsequent to the (Issues and Decision Memorandum) at 2. Ltd., (10) Fujian Pinghe Baofeng Canned Foods, (11) commencement of the AR. Id.

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Weighted Cash Deposit Requirements of APO materials, or conversion to Exporter average The following cash deposit judicial protective order, is hereby margin requested. Failure to comply with the (percent) requirements will be effective for all shipments of subject merchandise regulations and terms of an APO is a Linyi City Kangfa Foodstuff entered, or withdrawn from warehouse, sanctionable violation. Drinkable Co., Ltd...... 75.67 for consumption on or after the We are issuing and publishing these Zhangzhou Gangchang Canned publication date of the final results of results and this notice in accordance Foods Co., Ltd...... 99.71 this administrative review, as provided with sections 751(a)(1) and 777(i) of the by section 751(a)(2)(C) of the Act: (1) Act. Disclosure For the exporters listed above, the cash Dated: June 1, 2015. The Department will disclose deposit rate will be the rate established Ronald K. Lorentzen, calculations performed for these final in the final results of this review; (2) for Acting Assistant Secretary for Enforcement results to the parties within five days of previously investigated or reviewed PRC and Compliance. and non-PRC exporters which are not the date of publication of this notice, in List of Topics Discussed in the accordance with 19 CFR 351.224(b). under review in this segment of the proceeding but received a separate rate Accompanying Issues and Decision Assessment Rates in a previous segment, the cash deposit Memorandum Pursuant to section 751(a)(2)(C) of the rate will continue to be the exporter- Summary Tariff Act of 1930, as amended (the Act) specific rate published for the most Background and 19 CFR 351.212(b), the Department recently-completed period; (3) for all Scope of the Order PRC exporters of subject merchandise Discussion of Issues will determine, and CBP shall assess, Comment 1 Land Rent antidumping duties on all appropriate which have not been found to be entitled to a separate rate, the cash Comment 2 Well Water and Casing Soil entries of subject merchandise covered Comment 3 Labor Cost by this review. The Department intends deposit rate will be that for the PRC- 13 Comment 4 Glass Jars and Metal Caps to issue assessment instructions to CBP wide entity (i.e., 308.33 percent); and Comment 5 Compost Offset 15 days after the date of publication of (4) for all non-PRC exporters of subject Comment 6 Surrogate Financial Ratios these final results of review. merchandise which have not received Recommendation their own rate, the cash deposit rate will For assessment purposes, for both [FR Doc. 2015–13975 Filed 6–5–15; 8:45 am] be the rate applicable to the PRC Gangchang and Kangfa, we will instruct BILLING CODE 3510–DS–P CBP to liquidate based upon a per-unit, exporter(s) that supplied the non-PRC importer-specific, assessment rate. This exporter. These cash deposit per-unit assessment rate is based on the requirements, when imposed, shall DEPARTMENT OF COMMERCE ratio of the total amount of dumping remain in effect until further notice. calculated for the importer’s examined Notification to Importers National Oceanic and Atmospheric Administration sales to the total entered quantity of This notice serves as a final reminder 11 those same sales. For the 47 to importers of their responsibility RIN 0648–XD644 companies identified above as being under 19 CFR 351.402(f)(2) to file a Taking of Marine Mammals Incidental part of the PRC-wide entity, any entries certificate regarding the reimbursement to Specified Activities; Vashon Seismic will be assessed at the PRC-wide rate. of antidumping duties prior to Retrofit Project On October 24, 2011, the Department liquidation of the relevant entries announced a refinement to its during this POR. Failure to comply with AGENCY: National Marine Fisheries assessment practice in non-market this requirement could result in the Service (NMFS), National Oceanic and economy cases.12 Pursuant to this Department’s presumption that Atmospheric Administration (NOAA), refinement in practice, for entries that reimbursement of antidumping duties Commerce. were not reported in the U.S. sales occurred and the subsequent assessment ACTION: Notice; issuance of an incidental databases submitted by companies of double antidumping duties. individually examined during this take authorization. Notification Regarding Administrative review, the Department will instruct SUMMARY: In accordance with the Protective Order CBP to liquidate at the PRC-wide rate. Marine Mammal Protection Act In addition, if the Department This notice also serves as a reminder (MMPA) regulations, notification is determines that an exporter had no to parties subject to administrative hereby given that NMFS has issued an shipments of the subject merchandise, protective order (APO) of their Incidental Harassment Authorization any suspended entries that entered responsibility concerning the return or (IHA) to the Washington State under that exporter’s case number (i.e., destruction of proprietary information Department of Transportation (WSDOT) at that exporter’s rate) will be liquidated disclosed under APO in accordance to take, by harassment, small numbers at the PRC-wide rate. with 19 CFR 351.305(a)(3), which of nine species of marine mammals As noted above, the Department continues to govern business incidental to construction activities for determines that XITIC and Zhangzhou proprietary information in this segment Vashon Seismic Retrofit Project in Hongda did not have any reviewable of the proceeding. Timely written Vashon Island, Washington, between transactions during the POR. As a result, notification of the return or destruction August 1, 2015, and July 31, 2016. any suspended entries that entered DATES: Effective August 1, 2015, through under these exporters’ case numbers 13 In the Preliminary Results, we inadvertently July 31, 2016. will be liquidated at the PRC-wide rate. identified the rate applicable to the PRC-wide entity as 303.80 percent. We have corrected that error in ADDRESSES: Requests for information on these final results to reflect the correct rate of the incidental take authorization should 11 See 19 CFR 351.212(b)(1). 308.33 percent. See Certain Preserved Mushrooms 12 See Non-Market Economy Antidumping From the People’s Republic of China: Final Results be addressed to Jolie Harrison, Chief, Proceedings: Assessment of Antidumping Duties, 76 of Antidumping Duty Administrative Review; 2012– Permits and Conservation Division, FR 65694 (October 24, 2011). 2013, 79 FR 12150, 12152 (March 4, 2014). Office of Protected Resources, National

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Marine Fisheries Service, 1315 East- harassment of marine mammals. Within (Orcinus orca), gray whale (Eschrichtius West Highway, Silver Spring, MD 45 days of the close of the comment robustus), minke whale (Balaenoptera 20910. A copy of the application period, NMFS must either issue or deny acutorostrata), and humpback whale containing a list of the references used the authorization. (Megaptera novaeangliae). in this document, NMFS’ General information on the marine Summary of Request Environmental Assessment (EA), mammal species found in the vicinity of Finding of No Significant Impact On June 20, 2014, WSDOT submitted the project area in Washington waters (FONSI), and the IHA may be obtained a request to NOAA requesting an IHA can be found in Caretta et al. (2014), by writing to the address specified for the possible harassment of small which is available at the following URL: above or visiting the Internet at: numbers of nine marine mammal http://www.nmfs.noaa.gov/pr/sars/pdf/ http://www.nmfs.noaa.gov/pr/permits/ species incidental to construction po2013.pdf. Specific information incidental/. associated with the Vashon Seismic concerning these species in the vicinity Documents cited in this notice may be Retrofit Project at the Vashon Ferry of the action area is provided in the viewed, by appointment, during regular Terminal in Vashon Island, Washington Federal Register notice for the proposed business hours, at the aforementioned between August 1, 2015, and February IHA and in WSDOT’s IHA application. address. 15, 2016. On December 15, 2014, Therefore, it is not repeated here. WSDOT added a test pile drive and FOR FURTHER INFORMATION CONTACT: removal program to the Vashon Seismic Potential Effects of the Specified Shane Guan, Office of Protected Retrofit Project and submitted a revised Activity on Marine Mammals Resources, NMFS, (301) 427–8401. IHA application. The information The effects of underwater noise from SUPPLEMENTARY INFORMATION: provided here is based on WSDOT’s in-water pile removal and pile driving Background December 15, 2014, IHA application. associated with the Vashon Seismic Retrofit Project has the potential to Sections 101(a)(5)(A) and (D) of the Description of the Specified Activity result in behavioral harassment of MMPA (16 U.S.C. 1361 et seq.) direct A detailed description of the marine mammal species and stocks in the Secretary of Commerce to allow, WSDOT’s Vashon Seismic Retrofit the vicinity of the action area. The upon request, the incidental, but not Project is provided in the Federal Notice of Proposed IHA included a intentional, taking of small numbers of Register notice for the proposed IHA (79 discussion of the effects of marine mammals by U.S. citizens who FR 78821; December 31, 2014). Since anthropogenic noise on marine engage in a specified activity (other than that time, no changes have been made mammals, which is not repeated here. commercial fishing) within a specified to the proposed construction activities No instances of hearing threshold shifts, geographical region if certain findings at the Vashon Seismic Retrofit Project. injury, serious injury, or mortality are are made and either regulations are Therefore, a detailed description is not expected as a result of WSDOT’s issued or, if the taking is limited to provided here. Please refer to that activities given the strong likelihood harassment, a notice of a proposed Federal Register notice for the that marine mammals would avoid the authorization is provided to the public description of the specific activity. immediate vicinity of the pile driving for review. area. An authorization for incidental Comments and Responses takings shall be granted if NMFS finds A notice of NMFS’ proposal to issue Potential Effects on Marine Mammal that the taking will have a negligible an IHA to WSDOT was published in the Habitat impact on the species or stock(s), will Federal Register on December 31, 2014. The primary potential impacts to not have an unmitigable adverse impact That notice described, in detail, marine mammals and other marine on the availability of the species or WSDOT’s activity, the marine mammal species are associated with elevated stock(s) for subsistence uses (where species that may be affected by the sound levels, but the project may also relevant), and if the permissible activity, and the anticipated effects on result in additional effects to marine methods of taking and requirements marine mammals. During the 30-day mammal prey species and short-term pertaining to the mitigation, monitoring public comment period, NMFS received local water turbidity caused by in-water and reporting of such takings are set comments from the Marine Mammal construction due to pile removal and forth. NMFS has defined ‘‘negligible Commission (Commission). The pile driving. These potential effects are impact’’ in 50 CFR 216.103 as ‘‘. . . an Commission recommends NMFS issue discussed in detail in the Federal impact resulting from the specified the IHA to WSDOT, subject to inclusion Register notice for the proposed IHA activity that cannot be reasonably of the proposed mitigation and and are not repeated here. expected to, and is not reasonably likely monitoring measures described in the to, adversely affect the species or stock proposed IHA. NMFS agrees with the Mitigation Measures through effects on annual rates of Commission’s recommendation and In order to issue an incidental take recruitment or survival.’’ issued the IHA with mitigation and authorization under section 101(a)(5)(D) Section 101(a)(5)(D) of the MMPA monitoring measures described below. of the MMPA, NMFS must prescribe, established an expedited process by where applicable, the permissible which citizens of the U.S. can apply for Description of Marine Mammals in the methods of taking pursuant to such a one-year authorization to incidentally Area of the Specified Activity activity, and other means of effecting take small numbers of marine mammals The marine mammal species under the least practicable adverse impact on by harassment, provided that there is no NMFS jurisdiction most likely to occur such species or stock and its habitat, potential for serious injury or mortality in the construction area include Pacific paying particular attention to rookeries, to result from the activity. Section harbor seal (Phoca vitulina richardsi), mating grounds, and areas of similar 101(a)(5)(D) establishes a 45-day time California sea lion (Zalophus significance, and on the availability of limit for NMFS review of an application californianus), Steller sea lion such species or stock for taking for followed by a 30-day public notice and (Eumetopias jubatus), harbor porpoise certain subsistence uses. comment period on any proposed (Phocoena phocoena), Dall’s porpoise For WSDOT’s Vashon Seismic Retrofit authorizations for the incidental (Phocoenoides dalli), killer whale Project, NMFS is requiring WSDOT to

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implement the following mitigation injury (Level A harassment) and thus driving) and non-impulses noise sources measures to minimize the potential eliminate the need for an exclusion zone (vibratory pile driving and mechanic impacts to marine mammals in the for Level A harassment. dismantling), respectively. project vicinity as a result of the in- Time Restriction For the test pile program, because water construction activities. glacial till soils will be harder to drive Work would occur only during through, the assumed attenuation will Use of Noise Attenuation Devices daylight hours, when visual monitoring be 8–10 dB, the same bubble-curtain of marine mammals can be conducted. attenuation used in the current Noise attenuation systems (i.e., bubble In addition, all in-water construction consultation. Based on the 2009 Vashon curtains) will be used during all impact will be limited to the period between Test Pile, source levels for impact pile driving of steel piles to dampen the August 1, 2015, and February 15, 2016. acoustic pressure and reduce the impact driving of 30’’ piles are 210 dB (peak), on marine mammals. By reducing Establishment of Exclusion Zone and 181 dB (SEL), and 189 dB (rms) underwater sound pressure levels at the Level B Harassment Zones of Influence measured at 16 m (Pile P–8 source, bubble curtains would reduce Before the commencement of in-water Unmitigated) (WSDOT 2010). the area over which Level B harassment pile driving activities, WSDOT shall The exclusion zones for Level A would occur, thereby potentially establish Level B behavioral harassment harassment and ZOIs for Level B reducing the numbers of marine ZOIs where received underwater sound harassment are modeled based on in- mammals affected. In addition, the pressure levels (SPLs) are higher than water measurements during the WSF bubble curtain system would reduce 160 dB (rms) and 120 dB (rms) re 1 mPa Bainbridge Island Ferry Terminal and sound levels below the threshold for for impulse noise sources (impact pile presented in Table 1 below.

TABLE 1—MODELED MAXIMUM LEVEL A AND LEVEL B HARASSMENT ZONES FOR VARIOUS PILE DRIVING ACTIVITIES

Distance to Distance to Distance to Distance to ZOI size Pile driving methods 190 dB * 180 dB 160 dB 121 ** dB ZOI No. 2 (m) (m) (m) (m) (km )

Vibratory pile driving/removal (24-in steel pile) ...... NA NA NA 5,500 ZOI–1 ...... 44 km2 Vibratory pile driving/removal (13-in timber pile) ...... NA NA NA 2,000 ZOI–2 ...... 5.6 km2 Vibratory pile removal (30-in steel pile) ...... NA NA NA 21,500 ZOI–3 ...... 151 km2 Test impact pile driving (assume 8 dB reduction w/attenu- 4.0 19 402 NA ZOI–4...... 0.4 km2 ation devices). Impact driving (24-in steel pile) ...... 3.0 12 251 NA ZOI–5 ...... 0.07 km2 Impact pile driving (13-in timber) ...... NA NA 46 NA ZOI–6 ...... 1,769 m2 * SPLs are dB re 1 μPa rms. ** Since the median ambient noise level at the Project area is 121 dB re 1 μPa (rms), this level will be used as the threshold for vibratory pile driving and removal.

Soft Start zone. In-water construction activities marine mammals are sighted within the shall be suspended until the marine vicinity of the project area and are A ‘‘soft-start’’ technique is intended to mammal is sighted moving away from approaching the Level B harassment allow marine mammals to vacate the the exclusion zone, or if the animal is zone during in-water construction area before the pile driver reaches full not sighted for 30 minutes after the activities. power. Whenever there has been shutdown. downtime of 30 minutes or more In addition, WSDOT shall implement Mitigation Conclusions without pile driving, the contractor will shutdown measures if southern resident Based on our evaluation of the initiate the driving with ramp-up killer whales are sighted within the prescribed mitigation measures, NMFS procedures described below. vicinity of the project area and are has determined the measures provide Soft start for vibratory hammers approaching the Level B harassment the means of effecting the least requires contractors to initiate hammer zone (zone of influence, or ZOI) during practicable impact on marine mammal noise for 15 seconds at reduced energy in-water construction activities. species or stocks and their habitat, followed by a 1-minute waiting period. If a killer whale approaches the ZOI paying particular attention to rookeries, The procedure will be repeated two during pile driving or removal, and it is mating grounds, and areas of similar additional times. Soft start for impact unknown whether it is a Southern significance. hammers requires contractors to provide Resident killer whale or a transient an initial set of three strikes from the killer whale, it shall be assumed to be Monitoring and Reporting impact hammer at 40 percent energy, a Southern Resident killer whale and Monitoring Measures followed by a 1-minute waiting period, WSDOT shall implement the shutdown then two subsequent three-strike sets. measure. Any ITA issued under section Each day, WSDOT will use the soft-start If a Southern Resident killer whale or 101(a)(5)(D) of the MMPA is required to technique at the beginning of pile an unidentified killer whale enters the prescribe, where applicable, driving or removal, or if pile driving or ZOI undetected, in-water pile driving or ‘‘requirements pertaining to the removal has ceased for more than one pile removal shall be suspended until monitoring and reporting of such hour. the whale exits the ZOI to avoid further taking’’. The MMPA implementing level B harassment. regulations at 50 CFR 216.104 (a)(13) Shutdown Measures Further, WSDOT shall implement state that requests for ITAs must include WSDOT shall implement shutdown shutdown measures if the number of the suggested means of accomplishing measures if a marine mammal is sighted any allotted marine mammal takes the necessary monitoring and reporting approaching the Level A exclusion reaches the limit under the IHA, if such that will result in increased knowledge

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of the species and of the level of taking collected by the Orca Network using (e.g., ship-strike, gear interaction, and/or or impacts on populations of marine hydrophone systems to maximize entanglement), WSDOT shall mammals that are expected to be marine mammal detection in the project immediately cease all operations and present in the action area. vicinity. immediately report the incident to the WSDOT shall employee NMFS- Data collection during marine Permits and Conservation Division, approved protected species observers mammal monitoring will consist of a Office of Protected Resources, NMFS, (PSOs) to conduct marine mammal count of all marine mammals by and the West Coast Regional Stranding monitoring for its Vashon Seismic species, a description of behavior (if Coordinators. The report must include Retrofit Project. The PSOs will observe possible), location, direction of the following information: and collect data on marine mammals in movement, type of construction that is (i) Time, date, and location (latitude/ and around the project area for 30 occurring, time that pile replacement longitude) of the incident; minutes before, during, and for 30 work begins and ends, any acoustic or (ii) Description of the incident; minutes after all pile removal and pile visual disturbance, and time of the (iii) Status of all sound source use in installation work. If a PSO observes a observation. Environmental conditions the 24 hours preceding the incident; marine mammal within a ZOI that such as weather, visibility, temperature, (iv) Environmental conditions (e.g., appears to be disturbed by the work tide level, current, and sea state would wind speed and direction, Beaufort sea activity, the PSO will notify the work also be recorded. state, cloud cover, visibility, and water crew to initiate shutdown measures. NMFS has determined that the depth); Monitoring of marine mammals monitoring measures described above (v) Description of marine mammal around the construction site shall be are adequate, particularly as they relate observations in the 24 hours preceding conducted using high-quality binoculars to assessing the level of taking or the incident; (e.g., Zeiss, 10 × 42 power). Due to the impacts to affected species. The land- (vi) Species identification or different sizes of ZOIs from different based PSOs are expected to be description of the animal(s) involved; pile driving/removal methods and pile positioned in a location that will (vii) The fate of the animal(s); and sizes, ZOIs corresponding to a specific maximize their abilities to detect marine (viii) Photographs or video footage of pile driving/removal methods listed in mammals and will also utilize the animal (if equipment is available). Activities shall not resume until Table 1 will be monitored according to binoculars to improve detection rates. NMFS is able to review the the following monitoring protocols at Reporting Measures circumstances of the prohibited take. different locations. • The required monitoring distances WSF will provide NMFS with a draft NMFS shall work with WSDOT to will be determined by using a range monitoring report within 90 days of the determine what is necessary to finder or hand-held global positioning conclusion of the proposed construction minimize the likelihood of further system device. work, or within 90 days after the prohibited take and ensure MMPA • ZOI–1 will be monitored by one expiration of this IHA, whichever comes compliance. WSDOT may not resume land-based biologist at the terminal first. This report will detail the their activities until notified by NMFS work site, and one boat with a pilot and monitoring protocol, summarize the via letter, email, or telephone. a biologist that will travel through the data recorded during monitoring, and (B) In the event that WSDOT monitoring area. estimate the number of marine discovers an injured or dead marine • ZOI–2 will be monitored by one mammals that may have been harassed. mammal, and the lead PSO determines land-based biologist at the terminal If comments are received from the that the cause of the injury or death is work site, and one boat with a pilot and NMFS West Coast Regional unknown and the death is relatively a biologist that will travel through the Administrator or NMFS Office of recent (i.e., in less than a moderate state monitoring area. Protected Resources on the draft report, of decomposition as described in the • ZOI–3 will be monitored by five a final report will be submitted to NMFS next paragraph), WSDOT will land-based biologists, and one boat with within 30 days thereafter. If no immediately report the incident to the a pilot and a biologist that will travel comments are received from NMFS, the Permits and Conservation Division, through the monitoring area. draft report will be considered to be the Office of Protected Resources, NMFS, • ZOI–4 will be monitored by one final report. and the West Coast Regional Stranding land-based biologist at the terminal Coordinators. The report must include Notification of Injured or Dead Marine work site, and one boat with a pilot and the same information identified above. Mammals a biologist that will travel through the Activities may continue while NMFS monitoring area. In addition to the reporting measures reviews the circumstances of the • ZOI–5 will be monitored by one listed above, NMFS will require that incident. NMFS will work with WSDOT land-based biologist at the terminal WSDOT notify NMFS’ Office of to determine whether modifications in work site, and one boat with a pilot and Protected Resources and NMFS’ the activities are appropriate. a biologist that will travel through the Stranding Network of sighting an (C) In the event that WSDOT monitoring area. injured or dead marine mammal in the discovers an injured or dead marine • ZOI–6 will be monitored by two vicinity of marine operations. mammal, and the lead PSO determines land-based biologists from the terminal Depending on the circumstance of the that the injury or death is not associated work site. incident, WSDOT shall take one of the with or related to the activities The geographic location of each ZOI following reporting protocols when an authorized in the IHA (e.g., previously is provided in maps of WSDOT’s marine injured or dead marine mammal is wounded animal, carcass with moderate mammal monitoring plan. discovered in the vicinity of the action to advanced decomposition, or WSDOT will contact the Orca area. scavenger damage), WSDOT shall report Network and/or Center for Whale (A) In the unanticipated event that the the incident to the Permits and Research to find out the location of the construction activities clearly cause the Conservation Division, Office of nearest marine mammal sightings. In take of a marine mammal in a manner Protected Resources, NMFS, and the addition, WSDOT will utilize marine prohibited by this Authorization, such West Coast Regional Stranding mammal occurrence information as an injury, serious injury or mortality Coordinators, within 24 hours of the

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discovery. WSDOT shall provide Estimated Take by Incidental Currently, NMFS uses 120 dB re 1 mPa photographs or video footage (if Harassment and 160 dB re 1 mPa at the received available) or other documentation of the levels for the onset of Level B stranded animal sighting to NMFS and As discussed above, in-water pile harassment from non-impulse (vibratory the Marine Mammal Stranding Network. removal and pile driving (vibratory and pile driving and removal) and impulse WSDOT can continue its operations impact) generate loud noises that could sources (impact pile driving) under such a case. potentially harass marine mammals in underwater, respectively. Table 2 the vicinity of WSDOT’s Vashon summarizes the current NMFS marine Seismic Retrofit Project. mammal take criteria.

TABLE 2—CURRENT ACOUSTIC EXPOSURE CRITERIA FOR NON-EXPLOSIVE SOUND UNDERWATER

Criterion Criterion definition Threshold

Level A Harassment (Injury) ...... Permanent Threshold Shift (PTS) (Any level above that which is 180 dB re 1 μPa (cetaceans). known to cause TTS). 190 dB re 1 μPa (pinnipeds). root mean square (rms). Level B Harassment ...... Behavioral Disruption (for impulse noises) ...... 160 dB re 1 μPa (rms). Level B Harassment ...... Behavioral Disruption (for non-impulse noise) ...... 120 dB re 1 μPa (rms).

As explained above, ZOIs will be m/62 ft) will be used to set the 30-inch the construction window. Typically, established that encompass the areas steel test pile exclusion zone. potential take is estimated by where received underwater sound In-water measurements for impact multiplying the area of the ZOI by the pressure levels exceed the applicable driving of 13-inch timber piling are not local animal density. This provides an thresholds for Level B harassment. available. Impact driving of 12-inch estimate of the number of animals that There will not be a zone for Level A timber piling generated 170 dB RMS might occupy the ZOI at any given harassment in this case, because the (WSF 2014). The source level for 13- moment. However, there are no density bubble curtain system will keep all inch timber piles shall be assumed to be estimates for any Puget Sound the same as 12-inch timber piles. A underwater noise below the threshold population of marine mammals. As a for Level A harassment. bubble curtain will not be used during result, the take requests were estimated impact driving of timber piles. Sound Levels From Proposed Using practical spreading model to using local marine mammal data sets Construction Activity calculate sound propagation loss, Table (e.g., Orca Network, state and federal As mentioned earlier, the project 2 provides the estimated maximum agencies), opinions from state and includes impact driving and proofing of distances for a variety of harassment federal agencies, and observations from 24-inch hollow steel piling, impact zones. Navy biologists. driving of 13-inch timber piling, and As explained above, exclusion zones Based on the estimates, approximately impact driving of 30-inch steel test and ZOIs will be established that 1,919 Pacific harbor seals, 1,919 piles. encompass the areas where received California sea lions, 644 Steller sea Based on in-water measurements underwater SPLs exceed the applicable lions, 438 harbor porpoises, 146 Dall’s during the WSF Bainbridge Island Ferry thresholds for Level A and Level B porpoises, 54 killer whales (50 transient, Terminal, impact pile driving of a 24- harassment, respectively. 4 Southern Resident killer whales), 71 inch steel pile generated 170 dB RMS Incidental take for each species is (overall average), with the highest estimated by determining the likelihood gray whales, 36 humpback whales, and measured at 189 dB RMS measured at of a marine mammal being present 36 minke whales could be exposed to 10 meters (Laughlin 2005). A bubble within a ZOI during pile removal and received sound levels that could result curtain will be used to attenuate steel pile driving. Expected marine mammal in takes from the proposed Vashon pile impact driving noise. presence is determined by past Seismic Retrofit Project. A summary of For the test pile program, the more observations and general abundance the estimated takes is presented in Table conservative cetacean injury zone (19 near the Vashon Ferry Terminal during 3.

TABLE 3—ESTIMATED NUMBERS OF MARINE MAMMALS THAT MAY BE EXPOSED TO RECEIVED PILE REMOVAL LEVELS ABOVE 121 dB re 1 μPa (RMS)

Estimated Species marine mammal Abundance Percentage takes

Pacific harbor seal ...... 1,919 14,612 13 California sea lion ...... 1,919 296,750 0.7 Steller sea lion ...... 644 63,160 1 .0 Harbor porpoise ...... 438 10,682 4.0 Dall’s porpoise * ...... 146 42,000 0.3 Killer whale, transient ...... 50 521 9.6 Killer whale, Southern Resident ...... 4 85 4.7 Gray whale ...... 71 19,126 0 .4 Humpback whale ...... 36 1,918 1.9 Minke whale ...... 36 478 7 .5 * The Federal Register notice for the proposed IHA erroneously stated that the estimated takes for Dall’s porpoise to be 136 individuals. It is corrected in this document as 146 individuals. The results of the analysis and the percentage of the take by its population remain the same.

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Analysis and Determinations the type and dimension of the pile. populations of these species that could These low-intensity, localized, and be affected by Level B behavioral Negligible Impact short-term noise exposures may cause harassment, respectively (see Table 2 Negligible impact is ‘‘an impact brief startle reactions or short-term above), which are small percentages resulting from the specified activity that behavioral modification by the animals. relative to the total populations of the cannot be reasonably expected to, and is These reactions and behavioral changes affected species or stocks. not reasonably likely to, adversely affect are expected to subside quickly when Based on the analysis contained the species or stock through effects on the exposures cease. Moreover, the herein of the likely effects of the annual rates of recruitment or survival’’ proposed mitigation and monitoring specified activity on marine mammals (50 CFR 216.103). A negligible impact measures are expected to reduce and their habitat, and taking into finding is based on the lack of likely potential exposures and behavioral consideration the implementation of the adverse effects on annual rates of modifications even further. mitigation and monitoring measures, recruitment or survival (i.e., population- Additionally, no important feeding and/ which are expected to reduce the level effects). An estimate of the number or reproductive areas for marine number of marine mammals potentially of Level B harassment takes, alone, is mammals are known to be near the affected by the proposed action, NMFS not enough information on which to proposed action area. Therefore, the finds that small numbers of marine base an impact determination. In take resulting from the proposed Vashon mammals will be taken relative to the addition to considering estimates of the Seismic Retrofit Project is not populations of the affected species or number of marine mammals that might reasonably expected to, and is not stocks. be ‘‘taken’’ through behavioral reasonably likely to, adversely affect the harassment, NMFS must consider other Impact on Availability of Affected marine mammal species or stocks Species for Taking for Subsistence Uses factors, such as the likely nature of any through effects on annual rates of responses (their intensity, duration, recruitment or survival. There are no subsistence uses of etc.), the context of any responses The project also is not expected to marine mammals in the proposed (critical reproductive time or location, have significant adverse effects on project area; and, thus, no subsistence migration, etc.), as well as the number affected marine mammals’ habitat, as uses impacted by this action. Therefore, and nature of estimated Level A analyzed in detail in the ‘‘Anticipated NMFS has determined that the total harassment takes, the number of Effects on Marine Mammal Habitat’’ taking of affected species or stocks estimated mortalities, and effects on section. The project activities would not would not have an unmitigable adverse habitat. modify existing marine mammal habitat. impact on the availability of such WSDOT’s Vashon Seismic Retrofit The activities may cause some fish to species or stocks for taking for Project would involve pile removal and leave the area of disturbance, thus subsistence purposes. pile driving activities. Elevated temporarily impacting marine Endangered Species Act (ESA) underwater noises are expected to be mammals’ foraging opportunities in a generated as a result of these activities; limited portion of the foraging range; The humpback whale and Southern however, these noises are expected to but, because of the short duration of the Resident stock of killer whale are the result in no mortality or Level A activities and the relatively small area of only marine mammal species currently harassment and limited, if any, Level B the habitat that may be affected, the listed under the ESA that could occur in harassment of marine mammals. impacts to marine mammal habitat are the vicinity of WSDOT’s Vashon WSDOT would use noise attenuation not expected to cause significant or Seismic Retrofit Project. Under section 7 devices (i.e., bubble curtains) during the long-term negative consequences. of the ESA, the Federal Transit impact pile driving of steel piles, thus Based on the analysis contained Administration (FTA) and WSDOT have eliminating the potential for injury herein of the likely effects of the consulted with NMFS West Coast (including PTS) and TTS from impact specified activity on marine mammals Regional Office (WCRO) on the driving. For vibratory pile removal and and their habitat, and taking into proposed WSDOT Vashon Seismic pile driving and impact pile driving of consideration the implementation of the Retrofit Project. WCRO issued a timber piles, noise levels are not proposed monitoring and mitigation Biological Opinion in May 2015, which expected to reach the level that may measures, NMFS finds that the total concludes that the proposed Vashon cause TTS, injury (including PTS), or marine mammal take from WSDOT’s Seismic Retrofit Project may affect, but mortality to marine mammals. Vashon Seismic Retrofit Project will is not likely to adversely affect the listed Therefore, NMFS does not expect that have a negligible impact on the affected marine mammal species and stocks. any animals would experience Level A marine mammal species or stocks. The issuance of an IHA to WSDOT harassment (including injury or PTS) or constitutes an agency action that Level B harassment in the form of TTS Small Number authorizes an activity that may affect from being exposed to in-water pile Based on analyses provided above, it ESA-listed species and, therefore, is removal and pile driving associated is estimated that approximately 1,919 subject to section 7 of the ESA. As the with WSDOT’s construction project. harbor seals, 1,919 California sea lions, effects of the activities on listed marine In addition, WSDOT’s activities are 644 Steller sea lions, 438 harbor mammals were analyzed during a localized and of short duration. The porpoises, 136 Dall’s porpoises, 50 formal consultation between the FTA entire project area is limited to transient killer whales, 4 Southern and NMFS, and as the underlying action WSDOT’s Vashon ferry terminal in Resident killer whales, 71 gray whales, has not changed from that considered in Vashon Island. The entire project would 36 humpback whales, and 36 minke the consultation, the discussion of involve the removal of 106 existing whales could be exposed to received effects that are contained in the timber piles and installation of 119 steel noise levels that could cause Level B Biological Opinion and accompanying piles. In addition, 96 temporary piles behavioral harassment from the memo issued to the FTA in May 2015, will be installed and then removed proposed construction work at the pertains also to this action. Therefore, during the project. The duration for pile Vashon ferry terminal in Washington NMFS has determined that issuance of driving and removal lasts for about 10 State. These numbers represent an IHA for this activity would not lead to 120 minutes per pile, depending on approximately 0.3% to 14% of the to any effects to listed marine mammal

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species apart from those that were ADDRESSES: The LOA and supporting of natural behavioral patterns, considered in the consultation on FTA’s documentation may be obtained by including, but not limited to, migration, action. writing to Jolie Harrison, Supervisor, surfacing, nursing, breeding, feeding, or Incidental Take Program, Permits and sheltering, to a point where such National Environmental Policy Act Conservation Division, Office of behavioral patterns are abandoned or (NEPA) Protected Resources, NMFS, 1315 East- significantly altered [Level B NMFS prepared an Environmental West Highway, Silver Spring, MD Harassment].’’ Because the Navy’s Assessment (EA) and analyzed the 20910, calling the contact listed under activities constitute military readiness potential impacts to marine mammals FOR FURTHER INFORMATION CONTACT, or activities, they are not subject to the that would result from WSDOT’s visiting the Internet at: http:// small numbers or specified geographic Vashon Seismic Retrofit Project. A www.nmfs.noaa.gov/pr/permits/ region limitations. Finding of No Significant Impact incidental.htm. Documents cited in this Regulations governing the take of five (FONSI) was signed in May 2015. A notice may also be viewed, by species of marine mammals, by Level B copy of the EA and FONSI is available appointment, during regular business harassment, incidental to the JLOTS upon request (see ADDRESSES). hours at the above address. training activities were effective on June Authorization FOR FURTHER INFORMATION CONTACT: 2, 2015. These regulations are effective from June 2, 2015, through June 1, 2020. NMFS has issued an IHA to WSDOT Shane Guan, Office of Protected Resources, NMFS, (301) 427–8401. The species which are authorized for for the potential harassment of small taking by Level B harassment are: numbers of nine marine mammal SUPPLEMENTARY INFORMATION: Bottlenose and Atlantic spotted species incidental to the Vashon Background dolphins. For detailed information on Seismic Retrofit Project in Washington this action, please refer to the final rule Section 101(a)(5)(A) of the MMPA (16 State, provided the previously published on June 2, 2015. These U.S.C. 1361 et seq.) directs the Secretary mentioned mitigation, monitoring, and regulations include mitigation, reporting requirements are incorporated. of Commerce (Secretary) to allow, upon monitoring, and reporting requirements request, the incidental, but not Dated: June 2, 2015. for the incidental take of marine intentional taking of small numbers of mammals during the specified activities. Donna S. Wieting, marine mammals by U.S. citizens who Director, Office of Protected Resources, This LOA is effective from June 2, engage in a specified activity (other than 2015, through June 1, 2020, and National Marine Fisheries Service. commercial fishing) within a specified [FR Doc. 2015–13890 Filed 6–5–15; 8:45 am] authorizes the incidental take of the five geographical region if certain findings marine mammal species listed above BILLING CODE 3510–22–P are made and regulations are issued. that may result from launches, aircraft Under the MMPA, the term ‘‘take’’ and helicopter operations, and harbor means to harass, hunt, capture, or kill or DEPARTMENT OF COMMERCE activities related to vehicles from VAFB, to attempt to harass, hunt, capture, or California. kill any marine mammal. National Oceanic and Atmospheric Dated: June 2, 2015. Administration Authorization for incidental takings may be granted if NMFS finds that the Donna S. Wieting, RIN 0648–BE51 taking will have a negligible impact on Director, Office of Protected Resources, the species or stock(s), will not have an National Marine Fisheries Service. Takes of Marine Mammals Incidental to unmitigable adverse impact on the [FR Doc. 2015–13891 Filed 6–5–15; 8:45 am] Specified Activities; U.S. Navy Joint availability of the species or stock(s) for BILLING CODE 3510–22–P Logistics Over-the-Shore Training certain subsistence uses, and that the Activities in Virginia and North permissible methods of taking and Carolina requirements pertaining to the DEPARTMENT OF COMMERCE mitigation, monitoring and reporting of AGENCY: National Marine Fisheries National Oceanic and Atmospheric such taking are set forth. NMFS has Service (NMFS), National Oceanic and Administration Atmospheric Administration (NOAA), defined ‘‘negligible impact’’ in 50 CFR Commerce. 216.103 as: ‘‘an impact resulting from RIN 0648–XD970 ACTION: the specified activity that cannot be Notice of issuance of a Letter of Pacific Whiting; Advisory Panel; Joint Authorization. reasonably expected to, and is not reasonably likely to, adversely affect the Management Committee SUMMARY: In accordance with the species or stock through effects on AGENCY: National Marine Fisheries Marine Mammal Protection Act annual rates of recruitment or survival.’’ Service (NMFS), National Oceanic and (MMPA), as amended, and The National Defense Authorization Atmospheric Administration (NOAA), implementing regulations, notification Act of 2004 (NDAA) (Public Law 108– Commerce. is hereby given that a Letter of 136) removed the ‘‘small numbers’’ and ACTION: Notice; call for nominations. Authorization (LOA) has been issued to ‘‘specified geographical region’’ the U.S. Navy (NAVY) to take marine limitations and amended the definition SUMMARY: NMFS is soliciting mammals, by harassment, incidental to of ‘‘harassment’’ as it applies to a nominations for appointments to the the Joint Logistics Over-the-Shore ‘‘military readiness activity’’ to read as United States Advisory Panel (AP) and (JLOTS) training activities conducted in follows (Section 3(18)(B) of the MMPA): the Joint Management Committee (JMC) nearshore waters at the Joint ‘‘(i) any act that injures or has the established in the Agreement between Expeditionary Base (JEB) Little Creek- significant potential to injure a marine the Government of the United States of Fort Story in Virginia and at Camp mammal or marine mammal stock in the America and the Government of Canada Lejeune in North Carolina, from June 2, wild [Level A Harassment]; or (ii) any on Pacific Hake/Whiting (Pacific 2015 through June 1, 2020. act that disturbs or is likely to disturb Whiting Treaty). Nominations are being DATES: Effective from June 2, 2015, a marine mammal or marine mammal sought to fill six positions on the AP through June 1, 2020. stock in the wild by causing disruption beginning on September 16, 2015, and

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one position on the JMC starting and these meetings will be held in the DEPARTMENT OF COMMERCE November 1, 2015. Terms are 4 years, United States or Canada. AP and JMC and appointees will be eligible for members will need a valid U.S. National Oceanic and Atmospheric reappointment at the expiration of the passport. Administration terms. The Pacific Whiting Act of 2006 also Submission for OMB Review; DATES: Nominations must be received states that while performing their Comment Request by July 30, 2015. appointed duties, members ‘‘other than ADDRESSES: You may submit officers or employees of the United The Department of Commerce will nominations by any of the following States Government, shall not be submit to the Office of Management and Budget (OMB) for clearance the methods: considered to be Federal employees following proposal for collection of Email: whiting.nominations.wcr@ while performing such service, except noaa.gov. information under the provisions of the for purposes of injury compensation or Paperwork Reduction Act (44 U.S.C. Fax: 206–526–6736, Attn: Frank tort claims liability as provided in Lockhart. Chapter 35). chapter 81 of title 5 and chapter 171 of Agency: National Oceanic and Mail: William W. Stelle, Jr., Regional title 28.’’ (Id.) Atmospheric Administration (NOAA). Administrator, West Coast Region, Information on the Pacific Whiting Title: Marine Debris Program NMFS, 7600 Sand Point Way NE., Performance Progress Report. Seattle, WA 98115–0070. Treaty, including current committee members can be found at: OMB Control Number: 0648–xxxx. FOR FURTHER INFORMATION CONTACT: Form Number(s): None. www.westcoast.fisheries.noaa.gov/ Frank Lockhart, (206) 526–6142 or _ Type of Request: Regular (request for Miako Ushio, (206) 526–4644 fisheries/management/whiting/pacific a new information collection). whiting_treaty.html. SUPPLEMENTARY INFORMATION: Number of Respondents: 70. Nominations Average Hours per Response: 10 Background hours per semi-annual report. Pacific Whiting Treaty Committees Nomination packages for Burden Hours: 1,400 hours. appointments should include: Needs and Uses: The NOAA Marine The Pacific Whiting Act of 2006 Debris Program (MDP) supports national (Pacific Whiting Act) (16 U.S.C. 7001– (1) The name of the applicant or and international efforts to research, 10) implements the 2003 Agreement nominee, position they are being prevent, and reduce the impacts of between the Government of the United nominated for and a description of his/ marine debris. The MDP is a centralized States of America and the Government her interest in Pacific whiting; and office within NOAA that coordinates of Canada on Pacific Hake/Whiting. (2) A statement of background and/or and supports activities, both within the Among other provisions, the Pacific description of how the following bureau and with other federal agencies, Whiting Act provides for the qualifications are met. that address marine debris and its establishment of a JMC and AP. impacts. In addition to inter-agency The JMC reviews the advice of two Advisory Panel Qualifications coordination, the MDP uses scientific bodies and the AP, and partnerships with state and local AP member nominees must be recommends to the Parties the coast- agencies, tribes, non-governmental knowledgeable or experienced in the wide total allowable catch of Pacific organizations, academia, and industry to whiting each year. Four individuals harvesting, processing, marketing, investigate and solve the problems that represent the United States on the JMC; management, conservation, or research stem from marine debris through one official from NOAA, one member of of the offshore Pacific whiting resource; research, prevention, and reduction the Pacific Fishery Management and must not be employees of the activities, in order to protect and Council, one representative of the treaty United States government. conserve our nation’s marine Indian tribes with treaty fishing rights to Joint Management Committee environment and ensure navigation Pacific whiting, and one representative Qualifications safety. from the commercial fishing sector. The Marine Debris Research, NMFS is soliciting nominations for the The JMC nominee must be from the Prevention, and Reduction Act (33 representative of the commercial sector commercial sector of the Pacific whiting U.S.C. 1951 et seq.) as amended by the of the whiting fishing industry fishing industry concerned with the Marine Debris Act Amendments of 2012 concerned with the offshore whiting offshore Pacific whiting resource, and (Pub. L. 112–213, Title VI, Sec. 603, 126 resource (16 U.S.C. 7001(a)(1)(D)) must be knowledgeable or experienced Stat. 1576, December 20, 2012) outlines through this notice. concerning the offshore whiting three central program components for The AP advises the JMC on bilateral resource. the MDP to undertake: (1) Mapping, Pacific whiting management issues. identification, impact assessment, Eight individuals represent the United Authority: 16 U.S.C. 7001 et seq. removal, and prevention; (2) reducing States on the AP, and nominations for Dated: June 3, 2015. and preventing fishing gear loss; and (3) six of those individuals (id. at section Emily H. Menashes, outreach to stakeholders and the general 7005) are solicited through this notice. public. To address these components, Acting Director, Office of Sustainable Members appointed to the U.S. the Marine Debris Act authorized the Fisheries, National Marine Fisheries Service. sections of the AP and JMC will be MDP to establish several competitive reimbursed for necessary travel [FR Doc. 2015–13894 Filed 6–5–15; 8:45 am] grant programs on marine debris expenses in accordance with Federal BILLING CODE 3510–22–P research, prevention and removal that Travel Regulations and sections 5701, provide federal funding to non-federal 5702, 5704 through 5708, and 5731 of applicants throughout the coastal Title 5. (Id. at section 7008). NMFS United States and territories. anticipates that 1–2 meetings of the AP The terms and conditions of the and of the JMC will be held annually, financial assistance awarded through

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these grant programs require regular Salmon River and its tributaries, Stanley needed to implement the necessary progress reporting and communication Lake, Redfish Lake, Yellowbelly Lake, recovery actions. We therefore support of project accomplishments to MDP. Pettit Lake, and Alturas Lake, and the and participate in locally led, This information collection enables migration corridor from the Sawtooth collaborative efforts to develop recovery MDP to monitor and evaluate the Valley to the ocean. As required under plans that involve state, tribal, and activities supported by federal funds to the ESA, the Plan contains objective, federal entities, local communities, and ensure accountability to the public and measurable delisting criteria, site- other stakeholders. For this Plan for to ensure that funds are used consistent specific management actions necessary endangered Snake River Sockeye with the purpose for which they were to achieve the plan’s goals, and Salmon, we worked collaboratively with appropriated. It also ensures that estimates of the time and costs required local state, tribal, and federal partners to reported information is standardized in to implement recovery actions. The produce a recovery plan that satisfies such a way that allows for it to be Endangered Species Act (ESA) Recovery the ESA requirements. We have meaningfully synthesized across a Plan for Snake River Sockeye Salmon determined that this ESA Recovery Plan diverse set of projects and project types. and our summary of and responses to for Snake River Sockeye Salmon meets MDP uses the information collected in public comments on the Plan are now the statutory requirements for a recovery a variety of ways to communicate with available. plan and are adopting it as the ESA federal and non-federal partners and ADDRESSES: Electronic copies of the recovery plan for this endangered stakeholders on individual project and Plan and a summary of and response to species. general program accomplishments. public comments on the Plan are Development of the Plan Affected Public: Business or other for- available on-line at http:// For the purpose of recovery planning profit organizations; not-for-profit www.westcoast.fisheries.noaa.gov/ for the ESA-listed species of Pacific institutions; state, local or tribal protected_species/salmon_steelhead/ salmon and steelhead in Idaho, Oregon government. recovery_planning_and_ and Washington, NMFS designated five Frequency: Semi-annually. implementation/snake_river/current_ Respondent’s Obligation: Required to _ _ _ _ geographically based ‘‘recovery snake river recovery plan domains.’’ The Snake River Sockeye obtain or retain benefits. documents.html. A CD–ROM of these This information collection request Salmon ESU spawning range is in the documents can be obtained by emailing Interior Columbia domain. For each may be viewed at reginfo.gov. Follow a request to Bonnie. [email protected] the instructions to view Department of domain, NMFS appointed a team of with the subject line ‘‘CD ROM Request scientists, nominated for their Commerce collections currently under for Snake River Sockeye Salmon geographic and species expertise, to review by OMB. Recovery Plan’’ or by writing to NMFS provide a solid scientific foundation for Written comments and Interior Columbia Basin Office, National recovery plans. The Interior Columbia recommendations for the proposed Marine Fisheries Service, 1201 NE. Technical Recovery Team included information collection should be sent Lloyd Boulevard, Suite 1100, Portland, biologists from NMFS, other federal within 30 days of publication of this OR 97232. agencies, states, tribes, and academic notice to OIRA_Submission@ FOR FURTHER INFORMATION CONTACT: institutions. omb.eop.gov or fax to (202) 395–5806. Rosemary Furfey, NMFS Snake River A primary task for the Interior Dated: June 3, 2015. Sockeye Salmon Recovery Coordinator, Columbia Technical Recovery Team was Sarah Brabson, at (503) 231–2149, or rosemary.furfey@ to recommend criteria for determining NOAA PRA Clearance Officer. noaa.gov. when each component population with [FR Doc. 2015–13916 Filed 6–5–15; 8:45 am] SUPPLEMENTARY INFORMATION: an ESU or distinct population segment BILLING CODE 3510–JE–P (DPS) should be considered viable (i.e., Background when they are have a low risk of We are responsible for developing and extinction over a 100-year period) and DEPARTMENT OF COMMERCE implementing recovery plans for Pacific when ESUs or DPSs have a risk of salmon and steelhead listed under the extinction consistent with no longer National Oceanic and Atmospheric ESA of 1973, as amended (16 U.S.C. needing the protections of the ESA. All Administration 1531 et seq.). Recovery means that the Technical Recovery Teams used the listed species and their ecosystems are same biological principles for RIN 0648–XD367] sufficiently restored, and their future developing their recommendations; Endangered and Threatened Species; secured, to the point that the protections these principles are described in the Recovery Plans of the ESA are no longer necessary. NOAA technical memorandum Viable Section 4(f)(1) of the ESA requires that Salmonid Populations and the Recovery AGENCY: National Marine Fisheries recovery plans include, to the extent of Evolutionarily Significant Units Service (NMFS), National Oceanic and practicable: (1) Objective, measurable (McElhany et al., 2000). Viable Atmospheric Administration, criteria which, when met, would result salmonid populations (VSP) are defined Commerce. in a determination that the species is no in terms of four parameters: Abundance, ACTION: Notice of availability. longer threatened or endangered; (2) productivity or growth rate, spatial site-specific management actions structure, and diversity. SUMMARY: We, NMFS, announce the necessary to achieve the plan’s goals; For this Plan, we collaborated with adoption of an Endangered Species Act and (3) estimates of the time required state, tribal and federal biologists and (ESA) recovery plan (Plan) for the Snake and costs to implement recovery resource managers to provide technical River Sockeye Salmon (Onchorhynchus actions. information that NMFS used to write nerka) evolutionarily significant unit We believe it is essential to have local the Plan which is built upon locally-led (ESU) which is listed as endangered support of recovery plans by those recovery efforts. In addition, NMFS under the ESA. The geographic area whose activities directly affect the listed established a multi-state (Idaho, Oregon covered by the plan is the Sawtooth species and whose continued and Washington), tribal and federal Valley in Idaho including the Upper commitment and leadership will be partners’ regional forum called the

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Snake River Coordination Group that how implementation, prioritization of Public Comments Solicited addresses the four ESA-listed Snake actions, and adaptive management will River salmon and steelhead species. proceed at the population and ESU Section 4(f) of the ESA, as amended They met twice a year to be briefed and scales. The Plan also summarizes time in 1988, requires that public notice and provide technical and policy-related and costs (Section 9 and Appendix A) an opportunity for public review and information to NMFS. We presented required to implement recovery actions. comment be provided prior to final approval of a recovery plan. Between regular updates on the status of this In addition to the information in the July 21 and September 19, 2014, we Plan to the Snake River Coordination Plan, readers are referred to the recovery made the Plan—including the recovery Group and posted draft chapters on plan modules (Appendices B–E) for plan modules, which were included as NMFS’ West Coast Region Snake River more information on all these topics. recovery planning Web page. appendices—available for public review In addition to the Plan, we developed How NMFS and Others Expect To Use (79 FR 42298; July 21, 2014). NMFS and incorporated the Module for the the Plan received a total of six comment letters Ocean Environment (Fresh et al. 2014) on the proposed Plan from state and as Appendix B to address Snake River We will commit to implement the federal entities, as well as interested Sockeye Salmon recovery needs in the actions in the Plan for which we have individuals. Columbia River estuary, plume, and authority and funding; encourage other We reviewed all comments for Pacific Ocean. To address recovery federal and state agencies and tribal substantive issues and new information needs related to the Lower Columbia governments to implement recovery and have responded to the comments, River mainstem and estuary, we actions for which they have both in the response-to-comments incorporated the Columbia Estuary ESA responsibility, authority and funding; document and by making clarifying Recovery Plan Module (NMFS 2011) as and work cooperatively with the public changes to relevant text in the Plan. The Appendix C. To address recovery needs and local stakeholders on Plan and a summary of public for fishery harvest management in the implementation of other actions. We comments and responses are available Salmon, Snake and Columbia Rivers expect the Plan to guide us and other on the NMFS West Coast Region Web mainstem, Columbia River estuary and federal agencies in evaluating federal site at http:// ocean, we developed and incorporated actions under ESA section 7, as well as www.westcoast.fisheries.noaa.gov/ the Harvest Module (NMFS 2014a) as in implementing other provisions of the protected_species/salmon_steelhead/ Appendix D. To address recovery needs ESA and other statutes. For example, recovery_planning_and_ related to the Columbia River the Plan will provide greater biological implementation/snake_river/current_ Hydropower System, we developed and context for evaluating the effects that a snake_river_recovery_plan_ incorporated the Supplemental proposed action may have on a species documents.html. Recovery Plan Module for Snake River by providing delisting criteria, Salmon and Steelhead Mainstem information on priority areas for Conclusion Columbia River Hydropower Projects addressing specific limiting factors, and Section 4(f)(1)(B) of the ESA requires (NMFS 2014b) as Appendix E of this information on how future populations Plan. that recovery plans incorporate, to the within the ESU can tolerate varying extent practicable, (1) objective, Contents of Plan levels of risk. measurable criteria which, when met, The Plan contains biological When we are considering a species for would result in a determination that the background and contextual information delisting, the agency will examine species is no longer threatened or that includes description of the ESU, the whether the section 4(a)(1) listing endangered; (2) site-specific planning area, and the context of the factors have been addressed. To assist in management actions necessary to plan’s development. It presents relevant this examination, we will use the achieve the plan’s goals; and (3) information on ESU structure, delisting criteria described in section estimates of the time required and costs guidelines for assessing salmonid 3.3 of the Plan, which include both to implement recovery actions. We population and ESU-level status, and a biological criteria and criteria conclude that the Plan meets the brief summary of Interior Columbia addressing each of the ESA section requirements of ESA section 4(f) and Technical Recovery Team products on 4(a)(1) listing factors, as well as any adopt it as the ESA Recovery Plan for population structure and species status. other relevant data and policy Snake River Sockeye Salmon. It also presents NMFS’ biological considerations. Literature Cited viability criteria and threats criteria for delisting. We will also work with the proposed McElhany, P., M.H. Ruckelshaus, M.J. Ford, The Plan also describes specific Snake River Sockeye Salmon T.C. Wainwright, and E.P. Bjorkstedt. information on the following: Current Implementation and Science Team 2000. Viable salmon populations and the status of Snake River Sockeye Salmon; described in section 10 of the Plan to recovery of evolutionarily significant limiting factors and threats for the full develop implementation schedules that units. U.S. Dept. of Commerce, NOAA life cycle that contributed to the species provide greater specificity for recovery Tech. Memo., NMFS NWFSC 42, 156 p. decline; recovery strategies and actions actions to be implemented over five- National Marine Fisheries Service (NMFS). 2011. Columbia River Estuary ESA addressing these limiting factors and year periods. This Team will also help promote implementation of recovery Recovery Plan Module for Salmon and threats; key information needs, and a Steelhead. Northwest Region. January proposed research, monitoring, and actions and subsequent implementation 2011. Available at: http:// evaluation program for adaptive schedules, and will track and report on www.westcoast.fisheries.noaa.gov/ management. For recovery actions, the implementation progress. The protected_species/salmon_steelhead/ Plan includes a table summarizing each Implementation and Science Team, recovery_planning_and_ proposed action, together with the working together with NMFS staff, will implementation/lower_columbia_river/ associated location, life stage affected, coordinate the implementation of lower_columbia_river_recovery_plan_ _ _ estimated costs, timing and potential recovery actions among federal, state, for salmon steelhead.html. implementing entity. It also describes tribal entities and local stakeholders. Authority: 16 U.S.C. 1531 et seq.

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Dated: June 2, 2015. SUPPLEMENTARY INFORMATION: guarantee that accommodation will be Angela Somma, provided for late requests. I. Background Chief, Endangered Species Conservation Individuals who wish to attend the Division, Office of Protected Resources, Section 1014(a) of the Dodd-Frank Consumer Advisory Board meeting must National Marine Fisheries Service. Wall Street Reform and Consumer RSVP to cfpb_cabandcouncilsevents@ [FR Doc. 2015–13854 Filed 6–5–15; 8:45 am] Protection Act (http://www.sec.gov/ cfpb.gov by noon, June 17, 2015. BILLING CODE 3510–22–P about/laws/wallstreetreform-cpa.pdf) Members of the public must RSVP by (Dodd-Frank Act) provides: ‘‘The the due date and must include ‘‘CAB’’ Director shall establish a Consumer in the subject line of the RSVP. Advisory Board to advise and consult BUREAU OF CONSUMER FINANCIAL III. Availability PROTECTION with the Bureau in the exercise of its functions under the Federal consumer The Board’s agenda will be made Consumer Advisory Board Meeting financial laws, and to provide available to the public on June 3, 2015, information on emerging practices in via consumerfinance.gov. Individuals AGENCY: Bureau of Consumer Financial the consumer financial products or should express in their RSVP if they Protection. services industry, including regional require a paper copy of the agenda. ACTION: Notice of public meeting. trends, concerns, and other relevant A recording and transcript of this SUMMARY: This notice sets forth the information.’’ 12 U.S.C. 5494. meeting will be available after the announcement of a public meeting of (a) The purpose of the Board is meeting on the CFPB’s Web site the Consumer Advisory Board (CAB or outlined in section 1014(a) of the Dodd- consumerfinance.gov. Board) of the Consumer Financial Frank Act (http://www.sec.gov/about/ Dated: June 2, 2015. Protection Bureau (Bureau). The notice laws/wallstreetreform-cpa.pdf), which Christopher D’Angelo, also describes the functions of the states that the Board shall ‘‘advise and Chief of Staff, Bureau of Consumer Financial Board. Notice of the meeting is consult with the Bureau in the exercise Protection. permitted by section 6 of the CAB of its functions under the Federal [FR Doc. 2015–13981 Filed 6–5–15; 8:45 am] Charter and is intended to notify the consumer financial laws’’ and ‘‘provide BILLING CODE 4810–AM–P public of this meeting. Specifically, information on emerging practices in section X of the CAB Charter states: the consumer financial products or services industry, including regional (1) Each meeting of the Board shall be open DEPARTMENT OF DEFENSE to public observation, to the extent that a trends, concerns, and other relevant facility is available to accommodate the information.’’ (b) To carry out the Office of the Secretary public, unless the Bureau, in accordance Board’s purpose, the scope of its with paragraph (4) of this section, determines activities shall include providing Charter Renewal of Department of that the meeting shall be closed. The Bureau information, analysis, and Defense Federal Advisory Committees also will make reasonable efforts to make the recommendations to the Bureau. The meetings available to the public through live Board will generally serve as a vehicle AGENCY: Department of Defense. web streaming. (2) Notice of the time, place ACTION: Renewal of Federal Advisory and purpose of each meeting, as well as a for market intelligence and expertise for summary of the proposed agenda, shall be the Bureau. Its objectives will include Committee. published in the Federal Register not more identifying and assessing the impact on SUMMARY: than 45 or less than 15 days prior to the consumers and other market The Department of Defense is scheduled meeting date. Shorter notice may participants of new, emerging, and publishing this notice to announce that be given when the Bureau determines that changing products, practices, or it is renewing the charter for the Board the Board’s business so requires; in such services. (c) The Board will also be of Visitors, Marine Corps University event, the public will be given notice at the available to advise and consult with the (‘‘the Board’’). earliest practicable time. (3) Minutes of Director and the Bureau on other FOR FURTHER INFORMATION CONTACT: Jim meetings, records, reports, studies, and agenda of the Board shall be posted on the matters related to the Bureau’s functions Freeman, Advisory Committee Bureau’s Web site under the Dodd-Frank Act. Management Officer for the Department of Defense, 703–692–5952. (www.consumerfinance.gov). (4) The Bureau II. Agenda may close to the public a portion of any SUPPLEMENTARY INFORMATION: This meeting, for confidential discussion. If the The Consumer Advisory Board will committee’s charter is being renewed Bureau closes a meeting or any portion of a discuss trends and themes in the pursuant to 10 U.S.C § 7102 (d) and in meeting, the Bureau will issue, at least consumer finance market place, and the accordance with the Federal Advisory annually, a summary of the Board’s activities Bureau’s recent proposal in connection during such closed meetings or portions of Committee Act (FACA) of 1972 (5 meetings. with regulating payday loans, auto-title U.S.C., Appendix, as amended) and 41 loans, and certain longer-term credit CFR 102–3.50(a). DATES: The meeting date is Thursday, products. The Board is a statutory Federal June 18, 2015, 10:00 a.m. to 4:00 p.m. Persons who need a reasonable advisory committee that provides Central Standard Time. accommodation to participate should independent advice and ADDRESSES: The meeting location is contact [email protected], recommendations on matters pertaining CenturyLink Center Omaha Convention 202–435–9EEO, 1–855–233–0362, or to the Marine Corps University (‘‘the Center, 455 N. 10th Street, Omaha, NE 202–435–9742 (TTY) at least ten University’’). 68102. business days prior to the meeting or The Board provides the Secretary of FOR FURTHER INFORMATION CONTACT: event to request assistance. The request Defense, through the Secretary of the Crystal Dully, Consumer Advisory must identify the date, time, location, Navy and the Commanding General, Board & Councils, External Affairs, 1275 and title of the meeting or event, the Marine Corps Combat Development First Street NE., Washington, DC 20002; nature of the assistance requested, and Command, independent advice and telephone: 202–435–9588; CFPB_ contact information for the requester. recommendations on matters pertaining [email protected] . CFPB will strive to provide, but cannot to:

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a. U.S. Marine Corps Professional groups to support the Board. policies and procedures, must attend Military Education; Establishment of subcommittees will be the entire duration of all meetings of the b. All aspects of the academic and based upon a written determination, to Board and its subcommittees. administrative policies of the include terms of reference, by the The DFO, or the Alternate DFO, calls University; Secretary of Defense, the Deputy all meetings of the Board and its c. Higher educational standards and Secretary of Defense, or the Secretary of subcommittees; prepares and approves cost effective operations of the the Navy, as the Board’s Sponsor. all meeting agendas; and adjourns any University; and Such subcommittees will not work meeting when the DFO, or the Alternate d. The operation and accreditation of independently of the Board and will DFO, determines adjournment to be in the National Museum of the Marine report all of their recommendations and the public interest or required by Corps. advice solely to the Board for full and governing regulations or DoD policies The DoD, through the Secretary of the open deliberation and discussion. and procedures. Navy and the Marine Corps University, Subcommittees, task forces, or working Pursuant to 41 CFR 102–3.105(j) and provides support for the performance of groups have no authority to make 102–3.140, the public or interested the Board’s functions, and ensures decisions and recommendations, organizations may submit written compliance with the requirements of the verbally or in writing, on behalf of the statements to Board membership about FACA, the Government in the Sunshine Board. No subcommittee or any of its the Board’s mission and functions. Act of 1976 (5 U.S.C. 552b, as amended) members can update or report, verbally Written statements may be submitted at (‘‘the Sunshine Act’’), governing Federal or in writing, on behalf of the Board, any time or in response to the stated statutes and regulations, and established directly to the DoD or any Federal agenda of planned meeting of the Board. DoD policies and procedures. officers or employees. Each member, The Board shall be composed of at All written statements shall be based upon his or her individual submitted to the DFO for the Board, and least 7 and not more than 11 members. professional experience, provides his or The members will be eminent this individual will ensure that the her best judgment on the matters before written statements are provided to the authorities in the fields of education, the Board, and he or she does so in a defense, management, economics, membership for their consideration. manner that is free from conflict of Contact information for the Board’s DFO leadership, academia, national military interest. All subcommittee members strategy, or international affairs. can be obtained from the GSA’s FACA will be appointed by the Secretary of Database—http:// The Secretary of Defense authorizes Defense or the Deputy Secretary of the President of the University to serve www.facadatabase.gov/. Defense to a term of service of one-to- The DFO, pursuant to 41 CFR 102– as a non-voting ex-officio member of the four years, with annual renewals, even Board, whose membership shall not 3.150, will announce planned meetings if the individual is already a member of of the Board. The DFO, at that time, may count toward the total membership of the Board. Subcommittee members will the Board. No other full-time or provide additional guidance on the not serve more than two consecutive submission of written statements that permanent part-time University terms of service, unless authorized by employee will serve on the Board. are in response to the stated agenda for the Secretary of Defense or the Deputy the planned meeting in question. Board members that are not ex-officio Secretary of Defense. Subcommittee members shall be appointed by the members who are not full-time or Dated: June 2, 2015. Secretary of Defense or the Deputy permanent part-time Federal officers or Aaron Siegel, Secretary of Defense, and their employees will be appointed as an Alternate OSD Federal Register Liaison appointments will be renewed on an expert or consultant pursuant to 5 Officer, Department of Defense. annual basis according to DoD policies U.S.C. 3109, to serve as a SGE member. [FR Doc. 2015–13847 Filed 6–5–15; 8:45 am] and procedures. Each member, based Subcommittee members who are full- BILLING CODE 5001–06–P upon his or her individual professional time or permanent part-time Federal experience, provides his or her best officers or employees will be appointed judgment on the matters before the pursuant to 41 CFR 102–3.130(a), to DEPARTMENT OF ENERGY Board. Board members who are not full- serve as a RGE member. With the time or permanent part-time Federal exception of reimbursement of official officers or employees will be appointed travel and per diem related to the Board as experts or consultants pursuant to 5 or its subcommittees, subcommittee Federal Energy Regulatory U.S.C. 3109 to serve as special members will serve without Commission government employee (SGE) members. compensation. [Project No. 14671–000] Board members who are full-time or All subcommittees operate under the permanent part-time Federal officers or provisions of FACA, the Sunshine Act, Symphony Hydro, LLC; Notice of employees will serve as regular governing Federal statutes and Preliminary Permit Application government employee (RGE) members regulations, and established DoD Accepted for Filing and Soliciting pursuant to 41 CFR 102–3.130(a). policies and procedures. The Board’s Comments, Motions To Intervene, and Members of the Board shall serve a term Designated Federal Officer (DFO) must Competing Applications of service of one-to-four years, and their be a full-time or permanent part-time appointments must be renewed by the DoD officer or employee, appointed in On March 23, 2015, Symphony Secretary of Defense on an annual basis. accordance with established DoD Hydro, LLC filed an application for a No member may serve more than two policies and procedures. The Board’s preliminary permit under section 4(f) of consecutive terms of service without DFO is required to attend at all meetings the Federal Power Act proposing to Secretary of Defense or Deputy of the Board and its subcommittees for study the feasibility of the proposed Secretary of Defense approval. the entire duration of each and every Symphony Hydro Project No. 14671– DoD, when necessary and consistent meeting. However, in the absence of the 000, to be located at the existing Upper with the Board’s mission and DoD Board’s DFO, a properly approved St. Anthony Lock and Dam on the policies and procedures, may establish Alternate DFO, duly appointed to the Mississippi River, near the city of subcommittees, task forces, or working Board according to established DoD Minneapolis, in Hennepin County,

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Minnesota. The Upper St. Anthony Lock More information about this project, government representatives and and Dam is owned and operated by U.S. including a copy of the application, can agencies; elected officials; Native Army Corps of Engineers. The sole be viewed or printed on the ‘‘eLibrary’’ American tribes; potentially affected purpose of a preliminary permit, if link of Commission’s Web site at landowners; newspapers and libraries in issued, is to grant the permit holder http://www.ferc.gov/docs-filing/ the project area; and parties to this priority to file a license application elibrary.asp. Enter the docket number proceeding. In addition, the EA is during the permit term. A preliminary (P–14671) in the docket number field to available for public viewing on the permit does not authorize the permit access the document. For assistance, FERC’s Web site (www.ferc.gov) using holder to perform any land-disturbing contact FERC Online Support. the eLibrary link. A limited number of activities or otherwise enter upon lands Dated: June 2, 2015. copies of the EA are available for or waters owned by others without the distribution and public inspection at: Kimberly D. Bose, owners’ express permission. Federal Energy Regulatory Commission, The proposed project would be Secretary. Public Reference Room, 888 First Street located completely within lands owned [FR Doc. 2015–13902 Filed 6–5–15; 8:45 am] NE., Room 2A, Washington, DC 20426, by the United States and consist of: (1) BILLING CODE 6717–01–P (202) 502–8371. The existing 400-foot-long by 56-foot- Any person wishing to comment on wide by 77-foot-high lock (2) two new the EA may do so. Your comments 56-foot-wide by 70-foot high vertical lift DEPARTMENT OF ENERGY should focus on the potential steel gates; (3) two new submersible environmental effects, reasonable Federal Energy Regulatory 1700-kilowatt axial flow Kaplan turbine- alternatives, and measures to avoid or generator units having a combined Commission lessen environmental impacts. The more capacity of 3.4 megawatts; (4) two new [Docket No. CP14–555–000] specific your comments, the more useful 6-foot-long by 6-foot-wide by 4-foot-high they will be. To ensure that the pad mounted metal boxes containing Dominion Transmission, Inc.; Notice of Commission has the opportunity to plant controls, communications and Availability of the Environmental consider your comments prior to inverter equipment, and a step-up Assessment for the Proposed Lebanon making its decision on this project, it is distribution transformer; (5) a new 400 West II Project important that we receive your to 500-foot-long, 13.8 kilovolt, comments in Washington, DC on or underground transmission line that The staff of the Federal Energy before July 2, 2015. would connect to Xcel Energy’s Regulatory Commission (FERC or For your convenience, there are three distribution system; and (6) appurtenant Commission) has prepared an methods you can use to file your facilities. The project would have an environmental assessment (EA) for the comments with the Commission. In all estimated annual generation of 18,500 Lebanon West II Project, proposed by instances please reference the project megawatt-hours. Dominion Transmission, Inc. docket number (CP14–555–000) with Applicant Contact: Robert H. Schulte, (Dominion) in the above-referenced your submission. The Commission 2236 Coley Forest Place, Raleigh, NC docket. Dominion requests encourages electronic filing of 27607, (952) 949–2676. authorization to replace 11 non- comments and has expert staff available FERC Contact: Tyrone A. Williams, contiguous segments of its 26- and 30- to assist you at 202–502–8258 or (202) 502–6331. inch-diameter TL–400 Pipeline totaling [email protected]. Deadline for filing comments, motions about 10.2 miles, add a 10,915- (1) You can file your comments to intervene, competing applications horsepower compressor unit to an electronically using the eComment (without notices of intent), or notices of existing compressor station, and install feature located on the Commission’s intent to file competing applications: 60 other compressor station and gate Web site (www.ferc.gov) under the link days from the issuance of this notice. assembly facilities. Dominion also to Documents and Filings. This is an Competing applications and notices of proposes to increase the maximum easy method for submitting brief, text- intent must meet the requirements of 18 allowable operating pressure (MAOP) of only comments on a project; CFR 4.36. The Commission strongly these pipeline segments from 745 (2) You can also file your comments encourages electronic filing. Please file pounds per square inch gauge (psig) to electronically using the eFiling feature comments, motions to intervene, notices 848 psig. The project would allow on the Commission’s Web site of intent, and competing applications Dominion to transport an additional (www.ferc.gov) under the link to using the Commission’s eFiling system 130,000 dekatherms per day from Documents and Filings. With eFiling, at http://www.ferc.gov/docs-filing/ Dominion’s MarkWest Liberty Bluestone you can provide comments in a variety efiling.asp. Commenters can submit Interconnect in Butler County, of formats by attaching them as a file brief comments up to 6,000 characters, Pennsylvania to Dominion’s Lebanon- with your submission. New eFiling without prior registration, using the Texas Gas Interconnect in Warren users must first create an account by eComment system at http:// County, Ohio. clicking on ‘‘eRegister.’’ You must select www.ferc.gov/docs-filing/ The EA assesses the potential the type of filing you are making. If you ecomment.asp. You must include your environmental effects of the activities are filing a comment on a particular name and contact information at the end associated with the project in project, please select ‘‘Comment on a of your comments. For assistance, accordance with the requirements of the Filing’’; or please contact FERC Online Support at National Environmental Policy Act. The (3) You can file a paper copy of your [email protected], (866) FERC staff concludes that approval of comments by mailing them to the 208–3676 (toll free), or (202) 502–8659 the proposed project, with appropriate following address: Kimberly D. Bose, (TTY). In lieu of electronic filing, please mitigating measures, would not Secretary, Federal Energy Regulatory send a paper copy to: Secretary, Federal constitute a major federal action Commission, 888 First Street NE., Room Energy Regulatory Commission, 888 significantly affecting the quality of the 1A, Washington, DC 20426. First Street NE., Washington, DC 20426. human environment. Any person seeking to become a party The first page of any filing should The FERC staff mailed copies of the to the proceeding must file a motion to include docket number P–14671–000. EA to federal, state, and local intervene pursuant to Rule 214 of the

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Commission’s Rules of Practice and dockets. This can reduce the amount of the MISO–PJM Joint Operating Procedures (18 CFR 385.214).1 Only time you spend researching proceedings Agreement (JOA) and the MISO–PJM intervenors have the right to seek by automatically providing you with seam. The conference will be held at the rehearing of the Commission’s decision. notification of these filings, document Commission’s headquarters at 888 First The Commission grants affected summaries, and direct links to the Street NE., Washington, DC 20426 in the landowners and others with documents. Go to www.ferc.gov/docs- Commission Meeting Room. An updated environmental concerns intervenor filing/esubscription.asp. agenda identifying panelists for this status upon showing good cause by Dated: June 2, 2015. conference is attached. stating that they have a clear and direct Kimberly D. Bose, The technical conference will not be interest in this proceeding which no transcribed. However, there will be a other party can adequately represent. Secretary. [FR Doc. 2015–13897 Filed 6–5–15; 8:45 am] free webcast of the conference. The Simply filing environmental comments webcast will allow persons to listen to BILLING CODE 6717–17–P will not give you intervenor status, but the technical conference, but not you do not need intervenor status to participate. Anyone with internet access have your comments considered. who wants to listen to the conference Additional information about the DEPARTMENT OF ENERGY can do so by navigating to the Calendar Project is available from the Federal Energy Regulatory of Events at www.ferc.gov and locating Commission’s Office of External Affairs, Commission the technical conference in the at (866) 208–FERC, or on the FERC Web Calendar. The technical conference will site (www.ferc.gov) using the eLibrary [Docket No. EL13–88–000] contain a link to its webcast. The link. Click on the eLibrary link, click on Capitol Connection provides technical ‘‘General Search,’’ and enter the docket Northern Indiana Public Service support for the webcast and offers the number excluding the last three digits in Company v. Midcontinent Independent option of listening to the meeting via the Docket Number field (i.e., CP14– System Operator, Inc. and PJM phone-bridge for a fee. If you have any 555). Be sure you have selected an Interconnection, LLC; Supplemental appropriate date range. For assistance, questions, visit Notice of Technical Conference www.CapitolConnection.org or call 703– please contact FERC Online Support at 1 [email protected] or toll free As announced in the notice issued on 993–3100. at (866) 208–3676, or for TTY, contact May 5, 2015, the Federal Energy While the purpose of this conference (202) 502–8659. The eLibrary link also Regulatory Commission will hold a is to discuss the matter pending before provides access to the texts of formal technical conference on June 15, 2015 the Commission in Docket No. EL13–88 documents issued by the Commission, from 9:00 a.m. to 4:00 p.m. to explore and is not for the purpose of discussing such as orders, notices, and issues raised in the complaint filed by other specific cases, we note that the rulemakings. Northern Indiana Public Service discussions at the conference may In addition, the Commission offers a Company (NIPSCO) against address matters at issue in the following free service called eSubscription which Midcontinent Independent System Commission proceedings that are either allows you to keep track of all formal Operator, Inc. (MISO) and PJM pending or within their rehearing issuances and submittals in specific Interconnection, L.L.C. (PJM) related to period:

• PJM Interconnection, L.L.C ...... Docket No. ER13–1944 • Midcontinent Independent System Operator, Inc ...... Docket No. ER13–1943 • PJM Interconnection, L.L.C ...... Docket No. ER13–1924 • Midcontinent Independent System Operator, Inc ...... Docket No. ER13–1945 • Entergy Services, Inc ...... Docket No. ER13–1955 • Cleco Power LLC ...... Docket No. ER13–1956 • Southwest Power Pool, Inc ...... Docket No. ER14–1174 • Midcontinent Independent System Operator, Inc ...... Docket No. ER14–1736 • Midcontinent Independent System Operator, Inc...... Docket No. ER14–2445 • Southwest Power Pool, Inc ...... Docket No. ER13–1864 • Southwest Power Pool, Inc. v. Midcontinent Independent System Operator, Inc ...... Docket No. EL14–21 • Midcontinent Independent System Operator, Inc. v. Southwest Power Pool, Inc ...... Docket No. EL14–30 • Midwest Independent Transmission System Operator, Inc ...... Docket No. EL11–34 • Midwest Independent Transmission System Operator, Inc ...... Docket No. ER11–1844

Advance registration is strongly information on this event will be posted 202–208–2106 with the required encouraged for all attendees. If you have on the Calendar of Events on the accommodations. not already done so, those who plan to Commission’s Web site, www.ferc.gov, Following the technical conference, attend may register in advance at the prior to the event. the Commission will consider post- technical conference comments following Web page: https:// Commission conferences are www.ferc.gov/whats-new/registration/ submitted on or before July 15, 2015. accessible under section 508 of the Reply comments are due on or before 06-15-15-form.asp. Attendees should Rehabilitation Act of 1973. For allow time to pass through building August 5, 2015. The written comments accessibility accommodations please will be included in the formal record of security procedures before the 9:00 a.m. send an email to [email protected] the proceeding, which, together with the (Eastern Time) start time of the or call toll free 1–866–208–3372 (voice) record developed to date, will form the technical conference. In addition, or 202–502–8659 (TTY); or send a fax to basis for further Commission action.

1 See the previous discussion on the methods for 1 The webcast will be available on the Calendar filing comments. of Events on the Commission’s Web site www.ferc.gov for three months after the conference.

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For more information about this capital or construction cost associated DEPARTMENT OF ENERGY technical conference, please contact with the project. Federal Energy Regulatory Lina Naik, 202–502–8882, lina.naik@ Pursuant to section 157.9 of the Commission ferc.gov, regarding legal issues; or Jason Commission’s rules, 18 CFR 157.9, Strong, 202–502–6124, jason.strong@ within 90 days of this Notice the [Docket No. EL15–72–000] ferc.gov, and Ben Foster, 202–502–6149, Commission staff will either: complete [email protected], regarding technical Southwestern Electric Cooperative, its environmental assessment (EA) and issues; or Sarah McKinley, 202–502– Inc. v. Midcontinent Independent place it into the Commission’s public 8368, [email protected], System Operator, Inc., Dynegy, Inc., regarding logistical issues. record (eLibrary) for this proceeding; or and Sellers of Capacity into Zone 4 of issue a Notice of Schedule for Dated: June 2, 2015. the 2015–2016 MISO Planning Environmental Review. If a Notice of Resource Auction; Notice of Complaint Kimberly D. Bose, Schedule for Environmental Review is Secretary. issued, it will indicate, among other Take notice that on May 29, 2015, [FR Doc. 2015–13899 Filed 6–5–15; 8:45 am] milestones, the anticipated date for the pursuant to sections 206, 222 and 306 BILLING CODE 6717–01–P Commission staff’s issuance of the final of the Federal Power Act (FPA), 16 environmental impact statement (FEIS) U.S.C. 824(e), 824(v), and 825(e) and or EA for this proposal. The filing of the Rule 206 of the Federal Energy DEPARTMENT OF ENERGY EA in the Commission’s public record Regulatory Commission’s (Commission) Rules of Practice and Procedure, 18 CFR for this proceeding or the issuance of a Federal Energy Regulatory 385.206, Southwestern Electric Notice of Schedule for Environmental Commission Cooperative, Inc. (Complainant) filed a Review will serve to notify federal and [Docket No. CP15–496–000] complaint against Midcontinent state agencies of the timing for the Independent Transmission System Equitrans, LP; Notice of Request completion of all necessary reviews, and Operator, Inc. (‘‘MISO’’), Dynegy, Inc. Under Blanket Authorization the subsequent need to complete all and Sellers of Capacity into Zone 4 of federal authorizations within 90 days of the 2015–2016 MISO Planning Resource Take notice that on May 21, 2015, the date of issuance of the Commission Auction asserting that the MISO 2015– Equitrans, L.P. (Equitrans), 625 Liberty staff’s FEIS or EA. 2016 Planning Resource Auction failed Avenue, Suite 1700, Pittsburgh, Any person may, within 60 days after to produce just and reasonable rates in Pennsylvania 15222, filed in the above the issuance of the instant notice by the Zone 4, in violation of the Federal Docket, a prior notice request pursuant Commission, file pursuant to Rule 214 Power Act, as more fully explained in to sections 157.205 and 157.208 of the of the Commission’s Procedural Rules the complaint. Commission’s regulations under the (18 CFR 385.214) a motion to intervene Any person desiring to intervene or to Natural Gas Act (NGA), and Equitrans’ protest this filing must file in or notice of intervention. Any person authorization in Docket No. CP96–532– accordance with Rules 211 and 214 of filing to intervene or the Commission’s 000 for authorization to operate its the Commission’s Rules of Practice and staff may, pursuant to section 157.205 of existing Jefferson Compressor Station at Procedure (18 CFR 385.211, 385.214). a higher horsepower, all as more fully the Commission’s Regulations under the Protests will be considered by the set forth in the application which is on Natural Gas Act (NGA) (18 CFR 157.205) Commission in determining the file with the Commission and open to file a protest to the request. If no protest appropriate action to be taken, but will public inspection. The filing may also is filed within the time allowed not serve to make protestants parties to be viewed on the web at http:// therefore, the proposed activity shall be the proceeding. Any person wishing to www.ferc.gov using the ‘‘eLibrary’’ link. deemed to be authorized effective the become a party must file a notice of Enter the docket number excluding the day after the time allowed for protest. If intervention or motion to intervene, as last three digits in the docket number a protest is filed and not withdrawn appropriate. The Respondent’s answer field to access the document. For within 30 days after the time allowed and all interventions, or protests must assistance, please contact FERC Online for filing a protest, the instant request be filed on or before the comment date. Support at FERCOnlineSupport@ shall be treated as an application for The Respondent’s answer, motions to ferc.gov or toll free at (866) 208–3676, or authorization pursuant to section 7 of intervene, and protests must be served TTY, contact (202) 502–8659. the NGA. on the Complainants. Any questions concerning this The Commission encourages The Commission strongly encourages application may be directed Paul W. electronic submission of protests and electronic filings of comments, protests, Diehl, Counsel-Midstream, EQT interventions in lieu of paper using the Corporation, 625 Liberty Avenue, Suite and interventions via the internet in lieu ‘‘eFiling’’ link at http://www.ferc.gov. 1700, Pittsburgh, PA 15222, at (412) of paper. See 18 CFR 385.2001(a)(1)(iii) Persons unable to file electronically 395–5540. and the instructions on the should submit an original and 5 copies Specifically, Equitrans seeks Commission’s Web site (www.ferc.gov) of the protest or intervention to the authorization to operate the newly under the ‘‘e-Filing’’ link. Federal Energy Regulatory Commission, constructed natural gas turbine Dated: June 1, 2015. 888 First Street NE., Washington, DC compressor at is fully rated capability of Kimberly D. Bose, 20426. 16,301 horsepower. No construction This filing is accessible on-line at will be necessary for Equitrans to Secretary. http://www.ferc.gov, using the operate the compressor at its fully [FR Doc. 2015–13898 Filed 6–5–15; 8:45 am] ‘‘eLibrary’’ link and is available for capability; rather, Equitrans will need BILLING CODE 6717–01–P electronic review in the Commission’s only to modify the software which Public Reference Room in Washington, currently limits the horsepower at the DC. There is an ‘‘eSubscription’’ link on newly constructed turbine compressor the Web site that enables subscribers to to 12,913 horsepower. There is no new receive email notification when a

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document is added to a subscribed DEPARTMENT OF ENERGY (without notices of intent), or notices of docket(s). For assistance with any FERC intent to file competing applications: 60 Online service, please email Federal Energy Regulatory days from the issuance of this notice. [email protected], or call Commission Competing applications and notices of (866) 208–3676 (toll free). For TTY, call [Project No. 14679–000] intent must meet the requirements of 18 (202) 502–8659. CFR 4.36. Virterras Hydro Power, Inc.; Notice of The Commission strongly encourages Comment Date: 5:00 p.m. Eastern Preliminary Permit Application electronic filing. Please file comments, Time on June 18, 2015. Accepted for Filing and Soliciting motions to intervene, notices of intent, Dated: June 2, 2015. Comments, Motions To Intervene, and and competing applications using the Kimberly D. Bose, Competing Applications Commission’s eFiling system at http:// Secretary. www.ferc.gov/docs-filing/efiling.asp. On May 1, 2015, Virterras Hydro Commenters can submit brief comments [FR Doc. 2015–13900 Filed 6–5–15; 8:45 am] Power, Inc., filed an application for a up to 6,000 characters, without prior BILLING CODE 6717–01–P preliminary permit, pursuant to section registration, using the eComment system 4(f) of the Federal Power Act (FPA), at http://www.ferc.gov/docs-filing/ proposing to study the feasibility of the ecomment.asp. You must include your DEPARTMENT OF ENERGY Silver Creek Pumped Storage Project to name and contact information at the end be located on Silver Creek Reservoir in of your comments. For assistance, Federal Energy Regulatory Schuylkill County, Pennsylvania. The please contact FERC Online Support at Commission sole purpose of a preliminary permit, if [email protected], (866) issued, is to grant the permit holder 208–3676 (toll free), or (202) 502–8659 priority to file a license application [Project No. 6757–008] (TTY). In lieu of electronic filing, please during the permit term. A preliminary send a paper copy to: Secretary, Federal Stuwe and Davenport Partnership, permit does not authorize the permit Energy Regulatory Commission, 888 Stuwe and Davenport Partnership, holder to perform any land-disturbing First Street NE., Washington, DC 20426. activities or otherwise enter upon lands LLC; Notice of Transfer of Exemption The first page of any filing should or waters owned by others without the include docket number P–14679–000. owners’ express permission. 1. By letter filed April 30, 2015, More information about this project, Stuwe and Davenport Partnership The proposed project would consist of the following: (1) A new 8,000-foot-long, including a copy of the application, can informed the Commission that the be viewed or printed on the ‘‘eLibrary’’ exemption from licensing for the Dog 125- to 175-foot-high roller-compacted concrete or rock-filled semi-circular link of Commission’s Web site at River Project,1 FERC No. 6757 2 has dam and/or dike forming an upper http://www.ferc.gov/docs-filing/ been transferred to Stuwe Davenport reservoir having a surface area of 150 elibrary.asp. Enter the docket number Partnership, LLC. The project is located acres and a total storage capacity (P–14679) in the docket number field to on the Dog River in Washington County, between approximately 8,000 and access the document. For assistance, Vermont. The transfer of an exemption 10,000 acre-feet at a normal maximum contact FERC Online Support. does not require Commission approval. water surface elevation between Dated: June 2, 2015. 2. Stuwe and Davenport Partnership, approximately 1,650 and 1,750 feet Kimberly D. Bose, LLC is now the exemptee of the Dog above mean sea level (msl); (2) a lower Secretary. River Project, FERC No. 6757. All reservoir encompassing the existing [FR Doc. 2015–13903 Filed 6–5–15; 8:45 am] correspondence should be forwarded to: Silver Creek Reservoir and neighboring BILLING CODE 6717–01–P Mark Boumansour, President, Stuwe abandoned mines land and having a and Davenport Partnership, LLC, 1401 surface area of 100 acres and a total storage capacity of 10,000 acre-feet at a Walnut Street, Suite 220, Boulder, CO ENVIRONMENTAL PROTECTION 80302. normal maximum water surface elevation between 1,200 and 1,300 feet AGENCY Dated: June 2, 2015. msl; (3) a 3,000-foot-long tunnel [FRL–9928–75–OW] Kimberly D. Bose, connecting the upper and lower Secretary. reservoirs; (4) a powerhouse containing Meeting of the National Drinking Water [FR Doc. 2015–13901 Filed 6–5–15; 8:45 am] two turbine units with a total rated Advisory Council BILLING CODE 6717–01–P capacity of 250 megawatts; (5) a 2-mile- long transmission line connecting to an AGENCY: Environmental Protection existing 230 kilovolt (kV) line or a 4000- Agency (EPA). foot-long transmission line connecting ACTION: Notice of a public meeting. to an existing 69-kV line; and (6) appurtenant facilities. The proposed SUMMARY: The U.S. Environmental project would have an annual Protection Agency (EPA) is announcing generation of 784,750 megawatt-hours. a meeting, via a webinar, of the National Applicant Contact: Kirk McAfee, Drinking Water Advisory Council Virterras Hydro Power, Inc., Glenmaura (Council), as authorized under the Safe Drinking Water Act. The purpose of the 1 Professional Center, 72 Glenmaura The project has been referred to as the webinar is for the Lead and Copper Rule ‘‘Northfield Hydroelectric Project’’ and the Blvd., Suite 105, Moosic, PA 18057; ‘‘Nantanna Mill Dam Project.’’ The correct name for phone: 707–888–2892. Working Group (LCRWG) to update the FERC No. 6757 is the ‘‘Dog River Project.’’ FERC Contact: Monir Chowdhury; Council on the status of the LCRWG’s 2 29 FERC ¶ 62,209, Order Granting Exemption phone: (202) 502–6736. draft report, which provides From Licensing of a Small Hydroelectric Project 5 Deadline for filing comments, motions recommendations for revising the Lead Megawatts or Less (1984). to intervene, competing applications and Copper Rule.

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DATES: The webinar will be held on June FARM CREDIT SYSTEM INSURANCE Dated: June 1, 2015. 22, 2015, from 12:30 to 2:30 p.m., CORPORATION Dale L. Aultman, eastern time. Persons wishing to Secretary, Farm Credit System Insurance participate in the webinar must pre- Farm Credit System Insurance Corporation Board. register by June 17, 2015, as described Corporation Board; Regular Meeting [FR Doc. 2015–13881 Filed 6–5–15; 8:45 am] in the SUPPLEMENTARY INFORMATION BILLING CODE 6710–01–P section. AGENCY: Farm Credit System Insurance Corporation. ADDRESSES: For those who would like to attend in person, the meeting/webinar SUMMARY: Notice is hereby given of the FEDERAL ACCOUNTING STANDARDS will be held in Room 2123 at EPA’s regular meeting of the Farm Credit ADVISORY BOARD William Jefferson Clinton East building, System Insurance Corporation Board located at 1201 Constitution Avenue (Board). Notice of New Exposure Draft Opening NW., Washington, DC 20004. All Balances for Inventory, Operating DATES: The meeting of the Board will be attendees must go through a metal Materials and Supplies (OM&S) and held at the offices of the Farm Credit detector, sign in with the security desk Stockpile Materials Administration in McLean, Virginia, on and show government-issued photo June 11, 2015, from 1:00 p.m. until such AGENCY: Federal Accounting Standards identification to enter the government time as the Board concludes its Advisory Board. building. business. Board Action: Pursuant to 31 U.S.C. FOR FURTHER INFORMATION CONTACT: 3511(d), the Federal Advisory More information is available at the FOR FURTHER INFORMATION CONTACT: Dale Committee Act (Pub. L. 92–463), as following EPA Web site: http:// L. Aultman, Secretary to the Farm amended, and the FASAB Rules Of water.epa.gov/drink/ndwac/lcr.cfm. For Credit System Insurance Corporation Procedure, as amended in October, questions about this webinar, please Board, (703) 883–4009, TTY (703) 883– 2010, notice is hereby given that the contact Michelle Schutz, Designated 4056. Federal Accounting Standards Advisory Federal Officer for the EPA’s Office of ADDRESSES: Farm Credit System Board (FASAB) has issued an Exposure Ground Water and Drinking Water; Insurance Corporation, 1501 Farm draft, Opening Balances for Inventory, telephone (202) 564–7374, or email at Credit Drive, McLean, Virginia 22102. Operating Materials and Supplies [email protected]. Submit attendance requests via email to (OM&S) and Stockpile Materials. SUPPLEMENTARY INFORMATION: To [email protected]. See The Exposure Draft is available on the participate in the webinar, you must SUPPLEMENTARY INFORMATION for further FASAB home page http:// pre-register by June 17, 2015, at http:// information about attendance requests. www.fasab.gov/exposure.html. Copies epandwacwebinar.eventbrite.com. If you can be obtained by contacting FASAB at SUPPLEMENTARY INFORMATION: would like to attend in person, please Parts of (202) 512–7350. contact Michelle Schutz at (202) 564– this meeting of the Board will be open Respondents are encouraged to 7374 or by email at schutz.michelle@ to the public (limited space available), comment on any part of the exposure epa.gov on or before June 17, 2015. To and parts will be closed to the public. draft. Written comments are requested ensure adequate time for public Please send an email to VisitorRequest@ by July 20th, 2015, and should be sent involvement, individuals or FCA.gov at least 24 hours before the to: Wendy M. Payne, Executive Director, organizations interested in presenting meeting. In your email include: name, Federal Accounting Standards Advisory an oral statement during the webinar postal address, entity you are Board, 441 G Street NW., Suite 6814, should notify Michelle Schutz no later representing (if applicable), and Mail Stop 6H19, Washington, DC 20548. telephone number. You will receive an than June 17, 2015. It is preferred that FOR FURTHER INFORMATION CONTACT: email confirmation from us. Please be only one person present a statement on Wendy Payne, Executive Director, 441 G prepared to show a photo identification behalf of a group or organization. Street, NW., Washington, DC 20548, or when you arrive. If you need assistance How can I get a copy of the webinar call (202) 512–7350. materials? The webinar materials will for accessibility reasons, or if you have any questions, contact Dale L. Aultman, Authority: Federal Advisory Committee be provided for those who have Act, Pub. L. 92–463. registered for the webinar. EPA will also Secretary to the Farm Credit System post the materials on the Agency’s Web Insurance Corporation Board, at (703) Dated: June 3, 2015. site for persons who are unable to 883–4009. The matters to be considered Charles Jackson, participate in the webinar. Please note, at the meeting are: Federal Register Liaison Officer. the posting of these materials could Closed Session [FR Doc. 2015–13934 Filed 6–5–15; 8:45 am] occur after the webinar. BILLING CODE 1610–02–P Special Accommodations: To request • FCSIC Report on System Performance special accommodations for individuals Open Session with disabilities, please contact FEDERAL DEPOSIT INSURANCE Michelle Schutz at (202) 564–7374, or A. Approval of Minutes CORPORATION by email at [email protected] at • March 26, 2015 least five business days prior to the B. Business Reports Notice to All Interested Parties, of the webinar to allow time to process your Termination of the Receivership of • request. FCSIC Financial Report 10473 Chipola Community Bank, • Dated: May 29, 2015. Report on Insured Obligations Marianna, Florida • Quarterly Report on Annual Peter Grevatt, Notice is hereby given that the Federal Performance Plan Director, Office of Ground Water and Drinking Deposit Insurance Corporation (‘‘FDIC’’) Water. C. New Business as Receiver for Chipola Community [FR Doc. 2015–13677 Filed 6–5–15; 8:45 am] • Mid-Year Review of Insurance Bank, Marianna, Florida (‘‘the BILLING CODE 6560–50–P Premium Rates Receiver’’) intends to terminate its

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receivership for said institution. The wishes to comment concerning the Secretary, Constitution Center, 400 7th FDIC was appointed receiver of Chipola termination of the receivership, such Street SW., 5th Floor, Suite 5610 Community Bank on April 19, 2013. comment must be made in writing and (Annex D), Washington, DC 20024. The liquidation of the receivership sent within thirty days of the date of FOR FURTHER INFORMATION CONTACT: assets has been completed. To the extent this Notice to: Federal Deposit Robert Tovsky, Bureau of Competition, permitted by available funds and in Insurance Corporation, Division of (202–326–2634), 600 Pennsylvania accordance with law, the Receiver will Resolutions and Receiverships, Avenue NW., Washington, DC 20580. be making a final dividend payment to Attention: Receivership Oversight SUPPLEMENTARY INFORMATION: Pursuant proven creditors. Department 32.1, 1601 Bryan Street, to Section 6(f) of the Federal Trade Based upon the foregoing, the Dallas, TX 75201. Commission Act, 15 U.S.C. 46(f), and Receiver has determined that the No comments concerning the FTC Rule 2.34, 16 CFR 2.34, notice is continued existence of the receivership termination of this receivership will be hereby given that the above-captioned will serve no useful purpose. considered which are not sent within consent agreement containing a consent Consequently, notice is given that the this time frame. order to cease and desist, having been receivership shall be terminated, to be Dated: June 2, 2015. filed with and accepted, subject to final effective no sooner than thirty days after approval, by the Commission, has been the date of this Notice. If any person Federal Deposit Insurance Corporation. placed on the public record for a period wishes to comment concerning the Robert E. Feldman, of thirty (30) days. The following termination of the receivership, such Executive Secretary. Analysis to Aid Public Comment comment must be made in writing and [FR Doc. 2015–13802 Filed 6–5–15; 8:45 am] describes the terms of the consent sent within thirty days of the date of BILLING CODE 6714–01–P this Notice to: Federal Deposit agreement, and the allegations in the Insurance Corporation, Division of complaint. An electronic copy of the full text of the consent agreement Resolutions and Receiverships, FEDERAL TRADE COMMISSION Attention: Receivership Oversight package can be obtained from the FTC Department 34.6, 1601 Bryan Street, [File No. 141–0168] Home Page (for May 26, 2015), on the Dallas, TX 75201. World Wide Web, at http://www.ftc.gov/ No comments concerning the Reynolds American Inc. and Lorillard os/actions.shtm. termination of this receivership will be Inc.; Analysis of Proposed Consent You can file a comment online or on considered which are not sent within Order To Aid Public Comment paper. For the Commission to consider this time frame. your comment, we must receive it on or AGENCY: Federal Trade Commission. before June 25, 2015. Write ‘‘Reynolds Dated: June 2, 2015. ACTION: Proposed consent agreement. American Inc. and Lorillard Inc.— Federal Deposit Insurance Corporation. Consent Agreement; File 141–0168’’ on SUMMARY: Robert E. Feldman, The consent agreement in this your comment. Your comment— Executive Secretary. matter settles alleged violations of including your name and your state— federal law prohibiting unfair methods [FR Doc. 2015–13833 Filed 6–5–15; 8:45 am] will be placed on the public record of of competition. The attached Analysis to BILLING CODE 6714–01–P this proceeding, including, to the extent Aid Public Comment describes both the practicable, on the public Commission allegations in the draft complaint and Web site, at http://www.ftc.gov/os/ FEDERAL DEPOSIT INSURANCE the terms of the consent order— publiccomments.shtm. As a matter of CORPORATION embodied in the consent agreement— discretion, the Commission tries to that would settle these allegations. remove individuals’ home contact Notice to All Interested Parties of the DATES: Comments must be received on information from comments before Termination of the Receivership of or before June 25, 2015. placing them on the Commission Web 10087, Security Bank of Houston ADDRESSES: Interested parties may file a site. County, Perry, Georgia comment at online or on paper, by Because your comment will be made Notice is hereby given that the Federal following the instructions in the public, you are solely responsible for Deposit Insurance Corporation (‘‘FDIC’’) Request for Comment part of the making sure that your comment does as Receiver for Security Bank of SUPPLEMENTARY INFORMATION section not include any sensitive personal Houston County, Perry, Georgia (‘‘the below. Write ‘‘Reynolds American Inc. information, like anyone’s Social Receiver’’) intends to terminate its and Lorillard Inc.—Consent Agreement; Security number, date of birth, driver’s receivership for said institution. The File 141–0168’’ on your comment and license number or other state FDIC was appointed receiver of Security file your comment online at https:// identification number or foreign country Bank of Houston County on July 24, ftcpublic.commentworks.com/ftc/ equivalent, passport number, financial 2009. The liquidation of the reynoldslorillardconsent by following account number, or credit or debit card receivership assets has been completed. the instructions on the web-based form. number. You are also solely responsible To the extent permitted by available If you prefer to file your comment on for making sure that your comment does funds and in accordance with law, the paper, write ‘‘Reynolds American Inc. not include any sensitive health Receiver will be making a final dividend and Lorillard Inc.—Consent Agreement; information, like medical records or payment to proven creditors. File 141–0168’’ on your comment and other individually identifiable health Based upon the foregoing, the on the envelope, and mail your information. In addition, do not include Receiver has determined that the comment to the following address: any ‘‘[t]rade secret or any commercial or continued existence of the receivership Federal Trade Commission, Office of the financial information which . . . is will serve no useful purpose. Secretary, 600 Pennsylvania Avenue privileged or confidential,’’ as discussed Consequently, notice is given that the NW., Suite CC–5610 (Annex D), in Section 6(f) of the FTC Act, 15 U.S.C. receivership shall be terminated, to be Washington, DC 20580, or deliver your 46(f), and FTC Rule 4.10(a)(2), 16 CFR effective no sooner than thirty days after comment to the following address: 4.10(a)(2). In particular, do not include the date of this Notice. If any person Federal Trade Commission, Office of the competitively sensitive information

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such as costs, sales statistics, Analysis of Agreement Containing Reynolds has the second-largest inventories, formulas, patterns, devices, Consent Order To Aid Public Comment cigarette manufacturing and sales manufacturing processes, or customer The Federal Trade Commission business in the United States. Its brands names. (‘‘Commission’’) has accepted from include two of the best-selling cigarettes If you want the Commission to give Reynolds American Inc. (‘‘Reynolds’’) in the country: Camel and Pall Mall. It your comment confidential treatment, and Lorillard Inc. (‘‘Lorillard’’), subject also manages a number of smaller you must file it in paper form, with a to final approval, an Agreement cigarette brands that it promotes less heavily. These include Winston, Kool, request for confidential treatment, and Containing Consent Order (‘‘Consent and Salem. Reynolds primarily sells its you have to follow the procedure Agreement’’) designed to remedy the cigarettes in the United States. explained in FTC Rule 4.9(c), 16 CFR anticompetitive effects resulting from 1 Lorillard has the third-largest cigarette 4.9(c). Your comment will be kept Reynolds’s proposed acquisition of confidential only if the FTC General manufacturing and sales business in the Lorillard. United States. Its flagship brand, Counsel, in his or her sole discretion, Reynolds’s July 2014 agreement to grants your request in accordance with Newport, is the best-selling menthol acquire Lorillard in a $27.4 billion cigarette in the country, and the second- the law and the public interest. transaction (‘‘the Acquisition’’) would Postal mail addressed to the best-selling cigarette brand overall. In combine the second- and third-largest addition to recently introduced non- Commission is subject to delay due to cigarette producers in the United States. heightened security screening. As a menthol styles of Newport, Lorillard After the Acquisition, Reynolds and the manufactures and sells a few smaller result, we encourage you to submit your largest U.S. cigarette producer, Altria comments online. To make sure that the discount-segment brands, such as Group, Inc. (‘‘Altria’’), would together Maverick. Like Reynolds, Lorillard Commission considers your online control approximately 90% of all U.S. comment, you must file it at https:// competes primarily in the United States. cigarette sales. The Commission’s Imperial is an international tobacco ftcpublic.commentworks.com/ftc/ Complaint alleges that the proposed reynoldslorillardconsent by following company operating in many countries Acquisition, if consummated, would including Australia, France, Germany, the instructions on the web-based form. violate Section 7 of the Clayton Act, as Greece, Italy, Turkey, Taiwan, the If this Notice appears at http:// amended, 15 U.S.C. 18, and Section 5 of United Kingdom, and the United States. www.regulations.gov/#!home, you also the Federal Trade Commission Act, as It sells tobacco products in the U.S. may file a comment through that Web amended, 15 U.S.C. 45, by substantially through its Commonwealth-Altadis site. lessening competition in the market for subsidiary. Imperial’s U.S. cigarette If you file your comment on paper, traditional combustible cigarettes. portfolio consists of several smaller write ‘‘Reynolds American Inc. and Under the terms of the Consent discount brands, including USA Gold, Lorillard Inc.—Consent Agreement; File Agreement, Reynolds must divest a Sonoma, and Montclair. 141–0168’’ on your comment and on the substantial set of assets to Imperial envelope, and mail your comment to the Tobacco Group plc. (‘‘Imperial’’). These II. The Relevant Market and Market following address: Federal Trade assets include four cigarette brands, Structure Commission, Office of the Secretary, Lorillard’s manufacturing facility and The relevant line of commerce in 600 Pennsylvania Avenue NW., Suite headquarters, and most of Lorillard’s which to analyze the effects of the CC–5610 (Annex D), Washington, DC current workforce. The Consent Acquisition is traditional combustible 20580, or deliver your comment to the Agreement also requires Reynolds to cigarettes (‘‘cigarettes’’). Consumers do following address: Federal Trade provide Imperial with visible shelf- not consider alternative tobacco Commission, Office of the Secretary, space at retail locations for a period of products to be close substitutes for Constitution Center, 400 7th Street SW., five months following the close of the cigarettes. Cigarette producers similarly 5th Floor, Suite 5610 (Annex D), transaction. This Consent Agreement view cigarettes and other tobacco Washington, DC 20024. If possible, provides Imperial’s U.S. operations with products as separate product categories, submit your paper comment to the the nationally relevant brands, and cigarette prices are not significantly Commission by courier or overnight manufacturing facilities, and other constrained by other tobacco products. service. tangible and intangible assets needed to The United States is the relevant Visit the Commission Web site at effectively compete in the U.S. cigarette geographic market in which to analyze http://www.ftc.gov to read this Notice market. Reynolds must complete the the effects of the Acquisition on the and the news release describing it. The divestiture on the same day it acquires cigarette market. Both Reynolds and FTC Act and other laws that the Lorillard. Lorillard sell cigarettes primarily in this Commission administers permit the The Consent Agreement has been country. U.S. consumers are in practice collection of public comments to placed on the public record for 30 days limited to the set of current U.S. consider and use in this proceeding as to solicit comments from interested producers when seeking to buy appropriate. The Commission will persons. Comments received during this cigarettes. consider all timely and responsive period will become part of the public The U.S. cigarette market has public comments that it receives on or record. After 30 days, the Commission experienced declining demand since before June 25, 2015. For information on will review the Consent Agreement, and 1981. Total shipments fell by the Commission’s privacy policy, comments received, to decide whether it approximately 3.2% in 2014, with including routine uses permitted by the should withdraw or modify the Consent similar annual declines expected in the Privacy Act, see http://www.ftc.gov/ftc/ Agreement, or make the Consent future. The market includes three large privacy.htm. Agreement final. producers—Altria, Reynolds, and Lorillard—who together account for I. The Parties 1 In particular, the written request for confidential roughly 90% of all cigarette sales. Two treatment that accompanies the comment must All parties to the proposed smaller producers—Liggett and include the factual and legal basis for the request, Acquisition and Consent Agreement are Imperial—have roughly 3% market and must identify the specific portions of the comment to be withheld from the public record. See current competitors in the U.S. cigarette shares apiece. All other producers have FTC Rule 4.9(c), 16 CFR 4.9(c). market. individual market shares of 1% or less.

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Competition in the U.S. cigarette salesforce, and guarantee Imperial By direction of the Commission, market involves brand positioning, visible retail shelf-space for a period of Commissioners Brill and Wright dissenting. customer loyalty management, product five months following the close of the Donald S. Clark, promotion, and retail presence. transaction. Finally, Reynolds must also Secretary. Cigarette advertising is severely provide Imperial with certain transition Statement of the Federal Trade restricted in the United States: Various services. forms of advertising and marketing are Commission This divestiture package, including prohibited by law, by regulation, and by In the Matter of Reynolds American, Inc. the nationally recognized Winston and the terms of settlement agreements and Lorillard Inc. Kool brands, provides Imperial an between major cigarette producers and The Federal Trade Commission has the individual States. The predominant opportunity to rapidly increase its voted to accept for public comment a form of promotion remaining for U.S. competitive significance in the U.S. settlement with Reynolds American, cigarette producers is retail price market. Imperial will shift immediately Inc. (‘‘Reynolds’’) to resolve the likely reduction. from being a small regional producer with limited competitive influence on anticompetitive effects of Reynolds’ III. Entry the larger firms to become a national proposed acquisition of Lorillard Inc. 1 Entry or expansion in the U.S. competitor with the third-largest (‘‘Lorillard’’). The settlement will allow cigarette market is unlikely to deter or cigarette business in the market. While the acquisition to move forward, subject counteract any anticompetitive effects of Imperial’s plans call for it to reposition to large divestitures by the parties to the proposed Acquisition. New entry in the acquired brands, which have lost another major competitor in the tobacco the cigarette market is difficult because market share as part of the Reynolds industry. of falling demand and the potentially portfolio, Imperial has successfully The merging parties chose to present slow and costly process of obtaining executed similar turnarounds with this acquisition to the Commission with a proposed divestiture aimed solely at Food and Drug Administration brands in other international markets. clearance for new cigarette products. securing our approval of the Imperial will have greater opportunity acquisition.2 As proposed, Reynolds Expansion by new or existing cigarette and incentive to promote and grow sales producers is further obstructed by legal will purchase Lorillard for $27.4 billion of the divested brands because, unlike restrictions on advertising, limited retail and then immediately divest certain Reynolds, incremental sales of these product-visibility for fringe cigarette assets from both Reynolds and Lorillard brands are unlikely to cannibalize sales brands, and existing retail marketing to Imperial Tobacco Group plc from more profitable cigarette brands in contracts. (‘‘Imperial’’) in a second $7.1 billion its portfolio. Imperial’s incentive to transaction. At the end of both IV. Effects of the Acquisition reduce the price of the divestiture transactions, Reynolds will own The proposed Acquisition is likely to brands, in order to grow their market Lorillard’s Newport brand and Imperial substantially lessen competition in the share, is a procompetitive offset to the will own three former Reynolds’ brands, U.S. cigarette market. It would eliminate reduction in competition that will result Winston, Kool and Salem, as well as current and emerging head-to-head from the consolidation of Reynolds and Lorillard’s Maverick and e-cigarette Blu competition between Reynolds and Lorillard. Imperial’s incentive to reduce brands, and Lorillard’s corporate Lorillard, particularly for menthol prices and promote products in new infrastructure and manufacturing cigarette sales, which is an increasingly areas likewise reduces the threat of facility. important segment of the market. The anticompetitive coordination following As we explain below, we have reason Acquisition would also increase the the merger—as coordination on price to believe that Reynolds’ proposed likelihood that the merged firm will increases and other aspects of acquisition of Lorillard is likely to unilaterally exercise market power. competition may be relatively difficult substantially lessen competition in the Finally, the Acquisition will increase given Imperial’s contrary incentives. market for combustible cigarettes in the the likelihood of coordinated interaction Ultimately, the divestiture package United States. We conclude, however, between the remaining participants in provides Imperial with a robust that the parties’ proposed post-merger the cigarette market. opportunity to undertake divestitures to Imperial would be effective in restoring competition in this V. The Consent Agreement procompetitive actions to grow its market share in the U.S. cigarette market, and we therefore approve the The purpose of the Consent market, and address the competitive divestitures as part of a consent order. Agreement is to mitigate the concerns raised by the merger. I. Reynolds’ Acquisition of Lorillard Is anticompetitive threat of the proposed Likely to Substantially Lessen acquisition. The Consent Agreement IV. Opportunity for Public Comment Competition in the Combustible allows Reynolds to complete its Cigarette Market acquisition of Lorillard, but requires By accepting the Consent Agreement, Reynolds to divest several of its post- subject to final approval, the Today, the market for combustible acquisition assets to Imperial. Commission anticipates that the cigarettes in the United States contains Among other terms, the Consent competitive problems alleged in its three major players and several Agreement requires Reynolds to sell Complaint will be resolved. The additional smaller competitors. Philip Imperial four of its post-acquisition purpose of this analysis is to invite and Morris USA, a division of Altria Group, cigarette brands: Winton, Kool, Salem, facilitate public comment concerning Inc. (‘‘Altria’’), is the largest, with a and Maverick. These brands have a the Consent Agreement to aid the share of about 51%, roughly twice the combined share of approximately 7% of Commission in determining whether it the total U.S. cigarette market. Reynolds should make the Consent Agreement 1 This statement reflects the views of Chairwoman must also sell Lorillard’s manufacturing final. This analysis is not an official Ramirez, Commissioner Ohlhausen, and interpretation of the Consent Commissioner McSweeny. facility and headquarters to Imperial, 2 The only transaction before the Commission for give Imperial employment rights for Agreement, and does not modify its purposes of Hart-Scott-Rodino review was the most of Lorillard’s current staff and terms in any way. Reynolds-Lorillard transaction.

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size of its nearest competitor. Reynolds purchasing a collection of assets from Imperial has a successful record of and Lorillard are the second- and third- both Reynolds and Lorillard. In addition repositioning cigarette brands in other largest firms, with shares of to buying several prominent brands jurisdictions and growing the market approximately 26% and 15%, from both companies, Imperial is share of those brands. Although it has respectively. Other players in the receiving an intact American had a relatively small presence in this market include Liggett and Imperial, manufacturing and sales operation from country, Imperial is acquiring an each with about 3% of the market, and Lorillard, including Lorillard’s offices, experienced, national sales force from roughly 50 other small players focused production facilities, and 2,900 Lorillard that will help it to grow the mainly on discount or regional business. employees. Lorillard’s national sales acquired brands and more effectively In light of their size and relative force, which will be moving to Imperial, compete against Reynolds and Altria. positions in the market, if Reynolds and is an experienced team with knowledge Imperial has agreements in place with Lorillard were attempting their of brands and customers. Reynolds to ensure continuity of supply transaction without any divestitures, the We believe that these divestitures to of the acquired brands and to ensure acquisition would likely substantially Imperial will address the competitive their visibility at the point of sale. The lessen competition, with the post- concerns arising out of the Reynolds- agreements will enable Imperial to have acquisition Reynolds controlling 41% of Lorillard combination. Following the immediate access to retail shelf space the market and Reynolds and Altria divestitures, Imperial will immediately and give Imperial time to negotiate together holding 92% of the market. In become the third-largest cigarette maker contracts with retailers. particular, we have reason to believe in the country, with a 10% market Following the divestitures, Imperial’s that the transaction would eliminate share.5 Imperial has a clearly defined business in the United States will competition between Reynolds’ Camel strategy for the United States, and it will account for 24% of its worldwide brand and Lorillard’s Newport brand. have both the capability and incentives tobacco net revenues, thus making it For example, we found evidence that to become an effective U.S. competitor. important for Imperial to succeed in the Camel has been seeking to gain market United States. The acquisition will share from Newport. There is also Winston is the number two cigarette enable Imperial to be a national evidence of discounting by Newport in brand in the world and will be the main competitor, give it a portfolio of brands response to Camel. In addition, our focus of Imperial’s strategy in the across different price points, and make econometric analysis showed likely United States. Imperial’s consumer its business more important to retailers, price effects resulting from the research strongly indicates that Winston thereby enabling it to obtain visible combination of Camel and Newport.3 could see increased brand recognition shelf space and build stronger retailer Having concluded that Reynolds’ and acceptance in the United States. relationships. acquisition of Lorillard is likely to result Imperial plans to reposition Winston as We are therefore satisfied that in anticompetitive effects, we explain a premium-value brand and invest in Imperial is positioned to be a next why we believe the parties’ the growth of the brand through added sufficiently robust and aggressive proposed divestitures to Imperial are visibility and significant discounting. competitor against a merged Reynolds- sufficient to restore competition. Imperial also plans to refocus and invest Lorillard and Altria, and to offset the in Kool through discounting on a state- II. The Divestitures to Imperial Will competitive concerns arising from by-state basis. The evidence shows that Reynolds’ acquisition of Lorillard. Offset the Competition Lost From the Imperial can grow the market share of Reynolds-Lorillard Merger Indeed, Imperial’s incentives will stand these brands through discounting and in contrast to those of the pre-merger Imperial is an international tobacco other promotional activity. Lorillard, which has not been a company with operations in 160 In her dissent, Commissioner Brill particularly aggressive competitor in countries and global revenues of questions Imperial’s ability to restore this market, having instead been roughly $11.8 billion. Today, Imperial is the competition lost due to the generally content to rely on Newport’s a relatively small player in the United Reynolds-Lorillard transaction, noting strong brand equity to drive most of its States with a 3% share of the market.4 that the Winston and Kool brands have sales. We believe that Imperial will Through the divestitures, Imperial is been declining for years.6 In our view, behave differently. however, Reynolds’ track record with For these reasons, we are allowing the 3 While our main concern is with the transaction’s likely unilateral effects, there is also these two brands is not indicative of merger of Reynolds and Lorillard to go evidence that the transaction would increase the their potential with Imperial. As forward and accepting a consent decree likelihood of coordination by creating greater Commissioner Brill acknowledges, to ensure that the divestitures to symmetry between Reynolds and Altria in terms of Reynolds made a conscious decision to Imperial occur on a timely and effective their market shares, portfolio of brands, and 7 geographic strength in the United States. When the promote Camel and Pall Mall basis. Commission last publicly evaluated this market in aggressively as growth brands, and to the context of the 2004 R.J. Reynolds Tobacco put limited marketing support behind 7 Although he agrees that the merger of Reynolds Holdings, Inc. (‘‘RJR’’)/British American Tobacco Winston and Kool. Going forward, and Lorillard is likely to substantially lessen p.l.c. (‘‘BAT’’) transaction, we noted in our competition and that a consent order increases the statement that conditions in the cigarette market at Imperial will have greater incentives to likelihood that the divestitures to Imperial are the time would make coordination difficult. The promote Winston and Kool than properly and promptly effectuated, Commissioner market has changed considerably over the last Reynolds did because, unlike Reynolds, Wright believes a consent order is unwarranted and decade, perhaps most importantly in that the RJR/ Imperial does not risk cannibalizing on that basis dissents. We respectfully disagree with BAT transaction left the market with three major Commissioner Wright’s suggestion that our action is players relying on complex, differentiated product other brands in its portfolio. Moreover, improper under these circumstances. Our obligation placement and pricing strategies. Unlike the Imperial is also acquiring Lorillard’s under the Hart-Scott-Rodino Act is to take combination of Reynolds/Lorillard, which would Maverick, a value brand that competes appropriate steps to ensure that any competitive leave only two symmetric players with major well with Reynolds’ Pall Mall. issues with a proposed transaction are addressed national brands competing directly, the RJR/BAT effectively and that is precisely what we have done transaction and market environment in 2004 here. Indeed, we believe that our responsibility presented a less pronounced coordination issue. 5 After the divestitures to Imperial, Reynolds will would not be fully discharged if we did not guard 4 Imperial entered the United States market have a 34% market share in the United States. against the risks that Commissioner Wright himself through its acquisition of Commonwealth’s cigarette 6 Dissenting Statement of Commissioner Julie acknowledges exist in the absence of a consent brands in April 2007. Brill at 6–7. order.

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Dissenting Statement of Commissioner notwithstanding the divestitures to market has many of these Julie Brill Imperial. characteristics. In the Matter of Reynolds American, Inc. Coordinated Effects First, for the last decade, the cigarette market in the United States has been and Lorillard Inc. Under a coordinated effects theory, as dominated by three firms—Reynolds, set forth in the 2010 Horizontal Merger Lorillard, and Altria/Philip Morris— A majority of the Commission has Guidelines, the Commission is likely to which together represent over 90 voted to accept a consent to resolve challenge a merger if the following three percent of the market. Over the same 10- competitive concerns stemming from conditions are met: ‘‘(1) The merger year period, these ‘‘Big Three’’ tobacco Reynolds American, Inc.’s $27.4 billion would significantly increase firms have made lock-step cigarette list acquisition of Lorillard Tobacco concentration and lead to a moderately price increases unrelated to any change Company, a transaction combining the or highly concentrated market; (2) that in costs or market fundamentals.8 second and third largest cigarette market shows signs of vulnerability to manufacturers in the United States. coordinated conduct [ ]; and (3) the Second, there is a high degree of Under the terms of the consent, [Commission has] a credible basis on pricing transparency at the wholesale Reynolds will divest some of its weaker which to conclude that the merger may and retail levels in the cigarette market, non-growth brands—Winston, Kool, and enhance that vulnerability.’’ 3 giving cigarette manufacturers the Salem—as well as Lorillard’s brand Importantly, the Guidelines explain ability to monitor each other’s prices Maverick to Imperial Tobacco Group ‘‘the risk that a merger will induce and engage in disciplinary action plc, a British firm that currently adverse coordinated effects may not be necessary to maintain coordination. The operates as Commonwealth here in the susceptible to quantification or detailed major manufacturers all receive detailed United States.1 The Commission will proof . . .’’.4 The Guidelines also wholesale volume information from allow Reynolds to retain its sought-after instruct that ‘‘[p]ursuant to the Clayton firms collecting data. Reynolds and growth brands, Camel and Pall Mall, as Act’s incipiency standard, the Agencies Lorillard also receive numerous analyst well as Lorillard’s flagship brand may challenge mergers that in their reports that track manufacturers’ pricing Newport. I respectfully dissent because judgment pose a real danger of harm behavior and project whether the I am not convinced that the remedy through coordinated effects, even industry will enjoy a stable or aggressive accepted by the Commission fully without specific evidence showing competitive environment as a result. resolves the competitive concerns precisely how the coordination likely These conditions will allow the new arising from this transaction. By would take place.’’ 5 ‘‘Big Two’’ cigarette manufacturers to accepting the parties’ proposed I have reason to believe that the facts quickly detect volume shifts due to divestitures and allowing the merger to in this case demonstrate a substantial price cuts and other competitive proceed, the Commission is betting on risk of coordinated interaction because activity, allowing them to monitor each Imperial’s ability and incentive to all three conditions for coordinated other’s prices, detect cheating, and compete vigorously with a set of weak interaction spelled out in the Horizontal quickly discipline each other—or and declining brands. For the reasons Merger Guidelines are satisfied. threaten to do so. Third, many U.S. explained below, Imperial’s ability to do The first condition is easily satisfied. smokers are addicted to tobacco, so is at best uncertain. I thus have After the dust settles on the merger and resulting in fairly inelastic market reason to believe that Reynolds’ divestitures, Reynolds and market demand, and rendering successful acquisition of Lorillard, even after the leader Altria/Philip Morris will have coordination more profitable for divestitures to Imperial, is likely to over 80 percent of the U.S. market for industry members. As the Guidelines 6 substantially lessen competition in the traditional combustible cigarettes. The second condition is also easily U.S. cigarette market. As a result of the 8 In this context, it is worth noting that, in 2006, satisfied. The Guidelines identify a Commission’s failure to take meaningful U.S. District Judge Kessler held Reynolds, Lorillard, number of market characteristics that Philip Morris, and a number of other cigarette action against this merger, the are generally considered to make a manufacturers liable under the Racketeer remaining two major cigarette market more vulnerable to Influenced and Corrupt Organizations Act (RICO). manufacturers—Altria/Philip Morris United States v. Philip Morris, 449 F. Supp 2d 1 coordination.7 These include (1) and Reynolds—will likely be able to (D.D.C. 2006), aff’d 566 F.3d 1095 (D.C. Cir. 2009). evidence of past express collusion impose higher cigarette prices on In a lengthy decision containing over 4000 affecting the relevant market; (2) firms’ paragraphs of findings of fact, the district court consumers. ability to monitor rivals’ behavior and highlighted the coordinated nature of the defendants’ activities in furtherance of the I have reason to believe this merger detect cheating with relative ease; (3) racketeering scheme. The conduct involved was increases both the likelihood of availability of rapid and effective forms indirectly related to price, as the overarching coordinated interaction between the of punishment for cheating; (4) purpose behind the scheme was to maximize the remaining participants in the cigarette difficulties associated with attempting competing cigarette firms’ profits. The district court explained that ‘‘[t]he central shared objective of market, and the likelihood that the to gain significant market share from Defendants has been to maximize the profits of the merged firm will unilaterally exercise aggressive price cutting; and (5) low cigarette company Defendants by acting in concert market power. While both theories are elasticity of demand. The cigarette to preserve and enhance the market for cigarettes presented in the Commission’s through an overarching scheme to defraud existing and potential smokers. . . .’’ (Philip Morris, 449 F. 2 3 U.S. DEP’T OF JUSTICE & FED. TRADE Complaint, I describe below additional Supp 2d at 869). The court also found that ‘‘[t]here COMM’N, HORIZONTAL MERGER GUIDELINES facts and evidence not included in the is overwhelming evidence demonstrating § 7.1 (2010) [hereinafter Guidelines]. Complaint that I believe illustrate why Defendants’ recognition that their economic 4 Id. the transaction remains anticompetitive, interests would best be served by pursuing a united 5 Id. front on smoking and health issues and by a global 6 As the majority notes, the relevant market is coordination of their activities to protect and 1 Reynolds will also sell Lorillard’s e-cigarette Blu combustible cigarettes in the United States. enhance their market positions in their respective to Imperial; that sale is not part of the Commission’s Statement of the F.T.C., In the Matter of Reynolds countries.’’ (Id. at 119). I find this evidence proposed order. American Inc. and Lorillard Inc., File No. 141– troubling when viewed in conjunction with the 2 Complaint, ¶ 8, In the Matter of Reynolds 0168, May 26, 2015, at 1 [hereinafter Majority evidence in this case showing the U.S. cigarette American Inc. and Lorillard Inc., File No. 141– Statement]. market’s vulnerability to coordinated interaction 0168, (May 26, 2015). 7 Guidelines, supra note 3,. at § 7.2. relating to prices.

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describe, coordination is more likely the legislation, companies that do not Mall. The proposed merger eliminates more participants stand to gain from it. participate in the MSA—typically the many of Reynolds’ incentives to Apart from the market characteristics discount cigarette manufacturers—are continue these strategies. With Newport identified in the Guidelines that make a required to pay an escrow fee to added to its portfolio, Reynolds will no market more vulnerable to coordination, approximate the costs incurred by the longer face a gap in menthol and will it is important to consider that the participating cigarette companies, not be subject to the same level of cigarette market in the United States has thereby eliminating much of the cost volume losses. Post-transaction, there experienced an ongoing decline in advantage that discounters had will be greater symmetry between volume for over 20 years. This creates previously enjoyed. Third, the FDA’s Altria/Philip Morris and Reynolds, pressure on manufacturers to increase 2010 regulations,10 implementing the bringing Reynolds’ incentives into prices to offset volume losses, 2009 Family Smoking Prevention and closer alignment with Altria/Philip potentially easing the difficulties Tobacco Control Act,11 restrict tobacco Morris to place greater emphasis on associated with formation of advertising and promotion in the United profitability over market share growth. coordinating arrangements by making States. Thus the 2010 FDA regulation This increase in symmetry between price increases a focal strategy. limits the ability of new firms to enter Reynolds and Altria/Philip Morris thus In 2004, the Commission elected not the market, and limits the ability of enhances the market’s vulnerability to to challenge the merger of Reynolds and existing fringe market participants to coordination.12 Brown & Williamson in part because it grow through aggressive advertising. Unilateral Effects found that the cigarette market was not The combined effect of these three, vulnerable to coordinated interaction. relatively new market dynamics has This transaction also raises concerns However, three key market dynamics been a reduction in the competitive about unilateral anticompetitive effects, have changed since then. These three significance of the fringe discount brand because it eliminates the growing head- changes have limited the market manufacturers. Indeed, the number of to-head competition between Reynolds significance of the discount fringe and discount brand manufacturers has fallen and Lorillard. The Guidelines explain its ability to constrain cigarette prices, from over 100 in 2005, to around 50 that ‘‘[t]he elimination of competition and increased entry barriers—both of today, now representing just two between two firms that results from which make the market more vulnerable percent of the market. their merger may alone constitute a to coordination. First, Reynolds’ Every The third and final condition substantial lessening of competition.’’ 13 Day Low Price (EDLP) program, identified in the Guidelines as leading As the majority explains, the substantially modified in 2008 to the Commission to challenge a proposed Commission’s econometric modeling reposition and grow Pall Mall as the merger based on a theory of showed likely price effects from the EDLP brand, requires participating coordination—that the Commission has combination of the parties’ cigarette retailers to maintain Pall Mall as the a credible basis to conclude that the portfolios.14 lowest price brand sold in the store, merger may enhance the market’s The econometric analysis supports creating an effective price floor that vulnerability to coordination—is also the substantial qualitative evidence of discount manufacturers are not allowed satisfied in this case. Prior to the unilateral anticompetitive effects. For to undercut. Second, the vast majority of transaction, a large percentage of years, Lorillard’s Newport brand has states that signed the Tobacco Master Reynolds’ portfolio consisted of non- been able to rely on strong brand equity Settlement Agreement (‘‘MSA’’) have growth brands (including Winston, and brand loyalty to sustain its high enacted Non-Participating Manufacturer Kool, and Salem), and overall Reynolds’ market share and high prices for its Legislation and Allocable Share volumes were declining. In the years menthol product line. As noted above, Legislation, further diminishing the leading up to this transaction Reynolds Reynolds, on the other hand, has been impact of discount brands.9 Under this also had a noticeable portfolio gap, as it lagging behind Altria/Philip Morris and lacked a strong premium menthol Lorillard in terms of profitability and 9 The Tobacco Master Settlement Agreement brand. Reynolds initiated new pricing, with no comparably strong (‘‘MSA’’) was entered in November 1998, originally competition in the menthol segment menthol product. As a result, in recent between the four largest U.S. tobacco companies— years Reynolds has been making efforts Philip Morris Inc., R.J. Reynolds, Brown & with the introduction of Camel Crush Williamson and Lorillard—the original and Camel Menthol, but Reynolds was to challenge Newport’s established participating manufacturers (‘‘OPMs’’), and the still playing catch-up. Seeking to stop leadership position and increase its attorneys general of 46 states, the District of further volume loss to its competitors’ share in menthol through increased Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Northern Marianas. The menthol brands—Lorillard’s Newport 12 MSA resolved over 40 lawsuits brought by the and Altria/Philip Morris’ Marlboro— See Statement of the F.T.C., In the Matter of ZF states against tobacco manufacturers to recover Friedrichshafen AG and TRW Automotive Holdings Reynolds implemented a strategy of Corp., File No. 141–0235, May 8, 2015, available at billions of dollars in costs incurred by the states to aggressive promotion of Camel and Pall treat smoking related illnesses and to obtain other https://www.ftc.gov/system/files/document/cases/ relief. The OPMs agreed (1) to make multi-billion 150515zffrn.pdf. See also Marc Ivaldi, et al., The dollar payments, annually and in perpetuity, to the making the required payments, or were exploiting Economics of Tacit Collusion 66 & 67, Final Report states and (2) to significantly restrict the way they a loophole by withdrawing their escrow deposits in for DG Competition, European Commission (2003), market and advertise their tobacco products, a way that conflicted with the legislation’s intent. available at http://ec.europa.eu/competition/ _ _ _ _ _ including a prohibition on the use of cartoons in To address those issues, many states adopted mergers/studies reports/the economics of tacit _ cigarette advertising or any other method that additional legislation to provide enforcement tools collusion en.pdf. (‘‘By eliminating a competitor, a targets youth. In exchange, the states agreed to to ensure that NPMs make the required escrow merger reduces the number of participants and release the OPMs, and any other tobacco company payments (‘‘complementary enforcement thereby tends to facilitate collusion. This effect is that became a signatory to the MSA, from past and legislation’’), as well as legislation to close a likely to be the higher, the smaller the number of future liability arising from the health care costs loophole in the state escrow statutes by preventing participants already left in the market.’’) (‘‘[I]t is caused by smoking. All MSA states subsequently NPMs from withdrawing escrow payments in a way easier to collude among equals, that is, among firms enacted legislation requiring non-participating that was never contemplated when those statutes that have similar cost structures, similar production manufacturers (‘‘NPMs’’) to make certain payments were enacted (‘‘Allocable Share Legislation’’). capacities, or offer similar ranges of products. This based on the number of cigarettes sold into the 10 Regulations Restricting the Sale and is a factor that is typically affected by a merger. state. These payments are placed in an escrow Distribution of Cigarettes and Smokeless Tobacco to Mergers that tend to restore symmetry can facilitate account to ensure that funds are available to satisfy Protect Children and Adolescents, 75 FR 13225 collusion.’’). state claims against NPMs. Although all MSA states (March 19, 2010). 13 Guidelines, supra note 3, at § 6. enacted this legislation, many NPMs were not 11 21 U.S.C. 301 (2009). 14 Majority Statement, supra note 6, at 2.

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promotional activity. Reynolds also whether the proposed divestitures are competition lost through its merger with engaged in the first innovation in this sufficient to maintain or restore Lorillard. I am not convinced that industry in many years with the competition in the relevant market that Imperial will have any greater ability to introduction of Camel Crush,15 which existed prior to the transaction.19 grow these declining brands. Indeed, I has generated strong sales growth for a Under these well-grounded have reason to believe that Winston, new brand. Post-merger, with Newport principles, I have serious concerns Kool, and Salem, as well as Maverick, in its hands, Reynolds will no longer about whether the divestiture remedy in will languish even further outside the need to innovate or increase its this case is sufficient to restore hands of Reynolds and Lorillard. promotional activity to increase its competition in the U.S. cigarette market. There is no doubt that Imperial hopes share in menthol. As a preliminary matter, it is worth to make these brands successful and * * * * * noting that, post-transaction, Imperial will make every attempt to do so. In sum, I have reason to believe that will be less than one-third the size of Imperial’s strong global financial this merger poses a real danger of the combined Reynolds/Lorillard, with position will help. The Commission anticompetitive harm through a 10 percent market share compared to cannot rely on hopes and aspirations coordinated effects and unilateral the combined Reynolds/Lorillard’s 34 alone, however. We must base our exercise of market power in the U.S. percent market share. Prior to the decision on facts and demonstrated cigarette market. transaction, Reynolds and Lorillard performance in the market. And it is by were more comparable in size to each this measure that Imperial, with the Adequacy of Divestitures To Imperial other—Reynolds with a 26 percent added weak brands from Reynolds, To Restore Competition market share and Lorillard with a 15 comes up short. Imperial has a poor As the Supreme Court has stated, percent market share. And despite the track record of growing acquired brands restoring competition is the ‘‘key to the divestitures, the HHI will increase 331 in the U.S. Imperial entered the U.S. whole question of an antitrust points to 3,809. Moreover, there is market in 2007 by acquiring remedy.’’ 16 Both Supreme Court nothing dynamic about the cigarette Commonwealth.20 At that time Imperial precedent and Commission guidance market by any measure that could also aspired to increase share. However, makes clear that any remedy to a plausibly make these measures less Imperial was not successful. transaction found to be in violation of useful in analyzing the likelihood of the Commonwealth’s market share has Section 7 of the Clayton Act must fully divestiture to fully restore the declined since it was acquired by restore the competition lost from the competition lost from this transaction. Imperial, and stands at less than three transaction,17 and a remedy that restores Beyond the resulting increased percent today. While in FY 2014 only some of the competition lost does concentration, the question is whether Imperial may have achieved modest not suffice.18 Because Clayton Act Imperial can nonetheless maintain or growth with one of its other brands, merger enforcement is predictive, it is restore competition in the market with USA Gold, that growth was only hard to define what will precisely fully the divested brands due to its own focused on limited geographic markets, restore lost competition in any given business acumen and incentives post- and doesn’t give me confidence that case. The agency has on occasion divestiture. I have reason to believe Imperial can implement a national allowed for remedies that are not an Imperial will not be up to the job. campaign growth strategy. Reynolds, exact replica of the pre-merger market, Indeed, I believe Imperial’s post- with much greater experience in the usually when there is evidence that the divestiture market share may overstate U.S. market, made numerous efforts to buyer can have a strong competitive its competitive significance. Through reinvigorate Winston, Kool, and Salem, 21 impact with the divested assets. Yet the this transaction, Reynolds will obtain but failed. In light of Imperial’s much focus of the inquiry is always on the second largest selling brand in the worse track record here in the U.S., I am country (Newport), and keep the third unconvinced that it will have more luck 15 Camel Crush allows consumers to change the largest selling brand (Camel). Imperial, in making its wishful plans a reality. cigarette from non-menthol to menthol or from on the other hand, will continue to have The majority notes that, outside the menthol to stronger menthol by crushing a menthol United States, Winston is the number capsule inside the filter. no strong brands in its portfolio. 16 United States v. E.I. du Pont de Nemours & Co., Reynolds’ Winston, Kool, and Salem are two cigarette brand, and Imperial plans to make Winston the main focus of its 366 U.S. 316, 326 (1961). declining and unsuccessful. Their 17 Ford Motor Co. v. United States, 405 U.S. 562, strategy in the United States post- combined market share has gone from 573 (1972) (‘‘The relief in an antitrust case must be transaction.22 But Winston’s approximately 14 percent in 2010 to 8 ‘effective to redress the violations’ and ‘to restore dichotomous position—a strong brand competition.’ . . . Complete divestiture is percent in 2013 (a 6 percent decline), outside the United States and a weak particularly appropriate where asset or stock and they are still losing share. It is no acquisitions violate the antitrust laws.’’). brand in the United States—has held for surprise that Reynolds would want to 18 See F.T.C. Frequently Asked Questions About many years. And Reynolds’ multiple Merger Consent Order Provisions, available at unload these weak brands, and refuse to https://www.ftc.gov/tips-advice/competition- provide a meaningful divestiture 20 In 1996 Commonwealth acquired brands guidance/guide-antitrust-laws/mergers/merger-faq. package that would replace the (‘‘There have been instances in which the required by the Commission to be divested to divestiture of one firm’s entire business in a resolve competitive concerns stemming from B.A.T. relevant market was not sufficient to maintain or 19 Id. (‘‘Every order in a merger case has the same Industries p.l.c.’s $1 billion acquisition of The restore competition in that relevant market and thus goal: To preserve fully the existing competition in American Tobacco Company. B.A.T. Industries was not an acceptable divestiture package. To the relevant market or markets . . . An acceptable p.l.c., et al, 119 F.T.C. 532 (1995). assure effective relief, the Commission may thus divestiture package is one that maintains or restores 21 The majority interprets the evidence before us order the inclusion of additional assets beyond competition in the relevant market . . .’’). See also as showing that Reynolds emphasized Camel and those operating in the relevant market . . . In all Statement of the F.T.C.’s Bureau of Competition on Pall Mall but only put ‘‘limited marketing support cases, the objective is to effectuate a divestiture Negotiating Merger Remedies, at 4, January 2012, behind Winston and Kool.’’ See Majority Statement, most likely to maintain or restore competition in available at https://www.ftc.gov/system/files/ supra note 6, at 3. In contradistinction to the the relevant market . . . At all times, the burden is attachments/negotiating-merger-remedies/merger- majority, I believe the evidence before us on the parties to provide concrete and convincing remediesstmt.pdf. (‘‘If the Commission concludes demonstrates that on numerous occasions Reynolds evidence indicating that the asset package is that a proposed settlement will remedy the merger’s sought—valiantly but without success—to grow sufficient to allow the proposed buyer to operate in anticompetitive effects, it will likely accept that Winston and Kool, even while emphasizing Camel a manner that maintains or restores competition in settlement and not seek to prevent the proposed and Pall Mall. the relevant market.’’). merger or unwind the consummated merger.’’). 22 Majority Statement, supra note 6, at 2.

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efforts to reposition Winston in light of Reynolds national market share is Conclusion its strong global position have not had higher than its local market share. The any effect on slowing the dramatic intent of this commitment is to increase There is a great deal of discussion decline of Winston in the United States. Imperial’s ability to obtain shelf space at among academia, industry and other Indeed, by placing Winston at the center least proportional to its local market stakeholders about the negative impact of its U.S. strategy, Imperial is share in many retail outlets for a period on the market stemming from over demonstrating the same tone-deafness to of 12 months. enforcement of the antitrust laws.25 the unique dynamics of the U.S. market I have reason to believe that these There is consensus that over that has caused Imperial to lose market provisions are insufficient to make up enforcement, also known as ‘‘Type 1 share since it entered the U.S. market in for Imperial’s significant shelf space errors’’ or ‘‘false positives’’, can harm 2007. disadvantage. The five-month RTM businesses and consumers by My concerns about Imperial’s ability Agreement and 12-month commitment preventing what could otherwise be to succeed where Reynolds has failed is pertaining to Reynolds’ allocation of procompetitive conduct; many heightened by the fact that Imperial will shelf space according to its local market commentators believe Type 1 errors can have no ‘‘anchor’’ brand to gain traction share are too short. While Imperial may also have a chilling effect on future with retailers, and as a result will have be optimistic that it can establish procompetitive conduct.26 However, limited shelf space available to it. The sufficient shelf space in this limited failing to bring antitrust enforcement divestitures of Maverick from Lorillard time frame, nothing in the RTM and Winston, Kool, and Salem from Agreement and 12-month local market actions can also cause significant harms Reynolds effectively de-couple each share commitment will alter retailers’ to consumers. As has been recently divested brand from a strong anchor incentives to allocate their shelf space to demonstrated by an in-depth study of brand. These anchor brands—Newport popular products that sell well when merger retrospectives, harm from under and Camel, the second and third best- those time periods expire. Even if enforcement, also known as ‘‘Type 2 selling brands in the country—gave Imperial offers better terms and uses errors’’ or ‘‘false negatives’’, can come in Maverick, Winston, Kool, and Salem former Lorillard salespeople who have the form of significant price increases.27 increased shelf space and promotional preexisting relationships with retailers The Commission has always been very spending, helping to drive the limited to push for greater shelf space, it likely careful not to take enforcement action sales they had. Maverick in particular will still be in retailers’ economic that turns out not to be warranted, an benefits from Newport’s brand success: interest to allocate shelf space to the approach I fully support. This Lorillard gives it a portion of Newport’s strong Reynolds and Altria/Philp Morris Commission also normally pays close shelf space, and when Lorillard brands, not to Imperial’s collection of attention when we are presented with advertises Newport, it advertises weak and declining brands.23 And at the insufficient divestitures or other Maverick too. In Imperial’s hands, the end of Reynolds’ 12-month local market remedies, to avoid under enforcement divested brands will not have the same share commitment, Reynolds will be errors that can cause significant harm to shelf space or the benefit of strong able to squeeze Imperial’s shelf space by consumers. Unfortunately, the majority advertising that comes with their anchor requiring many retailers to provide it has failed to do so in this case. brands. I believe that the decoupling of shelf space in proportion to its higher- the divested brands from Camel and than-local national market share. While For all of these reasons, I respectfully Newport will serve to further exacerbate Imperial may attempt to maintain its dissent. their decline. retail visibility by offering stores Recognizing Imperial’s shelf space lucrative merchandising contracts, disadvantage, the proposed Consent Reynolds and Altria/Philip Morris will competitor. Majority Statement, supra note 6, at 3. requires Reynolds to make some short no doubt counter those efforts with their But that comparison does not capture the full term accommodations in an attempt to own lucrative contracts. In the short picture of the competitive harm from this give Imperial a fighting chance in its run, arguably this may be beneficial for transaction. Reynolds, not Lorillard, was the firm effort to gain some shelf space in stores. injecting some competition into the market. And as competition, but in the long run, described herein, once Reynolds adds Lorillard’s First, the Consent envisions Reynolds Imperial’s market presence will flagship Newport brand to its portfolio, Reynolds entering into a Route to Market (‘‘RTM’’) diminish and the market will in all will have a portfolio of brands that is symmetrical agreement with Imperial, whereby likelihood become a stable duopoly.24 to Altria/Philip Morris, resulting in a significant Reynolds agrees to provide Imperial a change in its incentives post-merger. In considering portion of its post-acquisition retail 23 The majority places its bet on Imperial in part whether Imperial will fully restore the competition shelf space for a period of five months based on the transfer to Imperial of ‘‘an lost from this transaction, the majority seems to following the close of the transaction. experienced, national sales force from Lorillard.’’ omit from its analysis Reynolds’ changed incentives Imperial will pay Reynolds $7 million Majority Statement, supra note 6, at 2. I do not post-merger, and the effect that these changed believe the transfer of some of Lorillard’s sales staff incentives will have to substantially lessen for this agreement. Under the terms of to Imperial will transform Imperial into a competition in the U.S. market. significant competitor in the U.S. market. the RTM agreement, Reynolds commits 25 See, e.g., Christine A. Varney & Jonathan J. Lorillard’s transferred sales staff will not be able to for a period of five months to continue Clark, Chicago and Georgetown: An Essay in Honor placing Winston, Kool, and Salem on overcome the significant market dynamics described herein. Moreover, Lorillard’s sales staff of Robert Pitofsky, 101 Geo. L.J. 1565 (2013); Bruce retail fixtures according to historic likely will be unable to fundamentally transform H. Kobayashi and Timothy J. Muris, Chicago, Post- business practices, and to assign Imperial’s lackluster competitive performance in Chicago, and Beyond: Time to Let Go of the 20th Imperial a defined portion of Lorillard’s the U.S. market because, as the majority itself Century, 78 Antitrust L. J. 147 (2012); Alan Devlin current retail shelf-space allotments to acknowledges, ‘‘pre-merger Lorillard . . . has not and Michael Jacobs, Antitrust Error, 52 Wm. & Mary been a particularly aggressive competitor in this use as it sees fit. Second, Reynolds is L. Rev. 75 (2010); Verizon Commc’ns, Inc. v. Law market, having instead been generally content to Offices of Curtis V. Trinko, LLP, 540 U.S. 398, 414 also undertaking a 12-month rely on Newport’s strong brand equity to drive most (2004); Frank H. Easterbrook, The Limits of of its sales.’’ Majority Statement, supra note 6, at commitment to remove provisions in Antitrust, 63 Tex. L. Rev. 1, 15–16 (1984). 3. new retail marketing contracts that 26 24 The majority relies on the fact that Imperial Id. would otherwise require some retailers will have more favorable incentives as compared 27 John Kwoka, Mergers, Merger Control, and to provide it shelf space in proportion with those of the pre-merger Lorillard, since Remedies, A Retrospective Analysis of U.S. Policy, to its national market share, where Lorillard was not a particularly aggressive 2015.

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Dissenting Statement of Commissioner substantially lessen competition, then then one could argue the overall Joshua D. Wright the Commission should pursue the transaction is likely to substantially appropriate remedy, either through lessen competition. I have seen no In the Matter of Reynolds American Inc. litigation or a consent decree. If the deal evidence that, absent an order, Reynolds and Lorillard Inc. examined as a whole does not and Lorillard would not complete its The Commission has voted to issue a substantially lessen competition, the transfer of assets and brands to Imperial. Complaint and Decision & Order against default approach should be to close the While there are no guarantees and the Reynolds American Inc. (‘‘Reynolds’’) to investigation. An exception to the probability that the Imperial portion of remedy the allegedly anticompetitive default approach, and a corresponding the transaction will be completed is effects of Reynolds’ proposed remedy, may be appropriate if there is something less than 100 percent, I have acquisition of Lorillard Inc. substantial evidence that the three-way no reason to believe it is close to or less (‘‘Lorillard’’). I respectfully dissent deal will not be completed as proposed. than 50 percent.4 because the evidence is insufficient to In such a case, the Commission must I fully accept that a consent and order provide reason to believe the three-way ask: What is the likelihood of only a will increase the likelihood that the transaction between Reynolds, Lorillard, portion of the deal being completed Imperial portion of the transaction will and Imperial Tobacco Group, plc while the other portion, which is be completed. Putting firms under order (‘‘Imperial’’) will substantially lessen responsible for ameliorating the with threat of contempt tends to have competition for combustible cigarettes competitive concerns, is not completed? that effect. I also accept the view that a sold in the United States. In particular, In this case, this second inquiry consent and order may mitigate some, I believe the Commission has not met its amounts to an assessment of the but perhaps not all, potential moral burden to show that an order is required likelihood that Reynolds’ proposed hazard issues regarding the transfer of to remedy any competitive harm arising acquisition of Lorillard would be assets and brands from Reynolds- from the original three-way transaction. completed but the Imperial transaction Lorillard to Imperial. Specifically, the This is because the Imperial transaction would not be. concern is that, post-merger, Reynolds- is both highly likely to occur and is I agree with the Commission majority Lorillard would complete the Imperial sufficient to extinguish any competitive that the first question should be portion of the transaction but more in concerns arising from Reynolds’ answered in the negative because the form but not in function and artificially proposed acquisition of Lorillard. This proposed transfer of brands to Imperial raise the cost for Imperial. Higher costs combination of facts necessarily implies makes it unlikely that there will be a for Imperial, such as undue delays in the Commission should close the substantial lessening of competition obtaining critical assets, would certainly investigation of the three-way from either unilateral or coordinated materially impact Imperial’s ability to transaction before it and allow the effects.2 I also agree with the compete effectively. Given this parties to complete the proposed three- Commission majority that if Reynolds possibility, a consent and order, way transaction without imposing an and Lorillard were attempting a including the use a monitor, would order. transaction without the involvement of make such behavior easier to detect, and In July 2014, Reynolds, Lorillard, and Imperial, the acquisition would likely consequently would provide some Imperial struck a deal where, as the substantially lessen competition.3 Thus, deterrence from these potential moral Commission states, ‘‘Reynolds will own taken as a whole, I do not find the three- hazard issues. Lorillard’s Newport brand and Imperial way transaction to be in violation of It is also true, however, that a monitor will own three former Reynolds’ brands, Section 7 of the Clayton Act. in numerous other circumstances would Winston, Kool and Salem, as well as The next question to consider is make anticompetitive behavior easier to Lorillard’s Maverick and e-cigarette Blu whether there is any evidence that the detect and consequently deter that brands, and Lorillard’s corporate Imperial portion of the transaction will behavior from occurring in the first infrastructure and manufacturing not be completed absent an order. In place. Based upon this reasoning, the facility.’’ 1 Thus, this deal came to us as theory, if the probability of the Imperial Commission could try as a prophylactic a three-way transaction. As a matter of portion of the transaction coming to effort to impose a monitor in all principle, when the Commission is completion in a manner that ameliorates oligopoly markets in the United States. presented with a three (or more) way the competitive concerns arising from This would no doubt detect (and deter) transaction, an order is unnecessary if just the Reynolds-Lorillard portion of much price fixing. Such a broad effort the transaction—taken as a whole—does the transaction were sufficiently low, would be unprecedented, and of course, not give reason to believe competition plainly unlawful. The Commission’s 2 will be substantially lessened. The fact Statement of the Federal Trade Commission, authority to impose a remedy in any supra note 1, at 3. context depends upon its finding a law that a component of a multi-part 3 Statement of the Federal Trade Commission, violation. Here, because the parties transaction is likely anticompetitive supra note 1, at 1. While I agree with the when analyzed in isolation does not Commission’s ultimate conclusion that Reynolds’ originally presented the three-way imply that the transaction when proposed acquisition of Lorillard would transaction to ameliorate competitive substantially lessen competition, I do not agree with examined as a whole is also likely to concerns about a Reynolds-Lorillard- the Commission’s reasoning. In particular, I do not only deal, and they did so successfully, substantially lessen competition. believe the assertion that higher concentration When presented with a three-way resulting from the transaction renders coordinated there is no reason to believe the three- transaction, the Commission should effects likely. Specifically, I have no reason to way transaction will substantially lessen believe that the market is vulnerable to competition; therefore, there is no legal begin with the following question: If the coordination or that there is a credible basis to three-way deal is completed, is there wrongdoing to remedy. conclude the combination of Reynolds and The Commission understandably reason to believe competition will be Lorillard would enhance that vulnerability. For would like to hold the parties to a substantially lessened? If there is reason further discussion of why, as a general matter, the to believe the three-way deal will Commission should not in my view rely upon increases in concentration to create a presumption 4 I would find a likelihood that the Imperial of competitive harm or the likelihood of portion of the transaction would be completed less 1 See Statement of the Federal Trade Commission coordinated effects, see Statement of Commissioner than 50 percent to be a sufficient basis to challenge 1, Reynolds American Inc., FTC File No. 141–0168 Joshua D. Wright, Holcim Ltd., FTC File No. 141– the three-way transaction or enter into a consent (May 26, 2015). 0129 (May 8, 2015). decree.

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consent order that requires them to continuing information collections, as Comments are invited on: (a) Whether make the deal along with a handful of required by the Paperwork Reduction the proposed collection of information other changes. But that is not our role. Act of 1995. This notice invites is necessary for the proper performance There is no legal authority for the comment on the proposed revision of of the functions of the agency, including proposition that the Commission can the National Quitline Data Warehouse whether the information shall have prophylactically impose remedies (NQDW) information collection. The practical utility; (b) the accuracy of the without an underlying violation of the NQDW is a repository of information agency’s estimate of the burden of the antitrust laws. And there is no legal about callers who have received services proposed collection of information; (c) authority to support the view that the from state quitlines and a quarterly ways to enhance the quality, utility, and Commission can isolate selected summary of services provided by each clarity of the information to be components of a three-way transaction quitline. collected; (d) ways to minimize the to find such a violation. In the absence DATES: Written comments must be burden of the collection of information of such authority, the appropriate received on or before August 7, 2015. on respondents, including through the course is to evaluate the three-way use of automated collection techniques ADDRESSES: You may submit comments, transaction presented to the agency as a or other forms of information identified by Docket No. CDC–2015– whole. Because I conclude, as technology; and (e) estimates of capital apparently does the Commission, that 0041 by any of the following methods: or start-up costs and costs of operation, the three-way transaction does not Federal eRulemaking Portal: maintenance, and purchase of services substantially lessen competition, there Regulation.gov. Follow the instructions to provide information. Burden means is no competitive harm to correct and for submitting comments. the total time, effort, or financial any remedy is unnecessary and Mail: Leroy A. Richardson, resources expended by persons to unwarranted.5 Entering into consents is Information Collection Review Office, generate, maintain, retain, disclose or appropriate only when the transaction Centers for Disease Control and provide information to or for a Federal at issue—in this case the three-way Prevention, 1600 Clifton Road NE., MS– agency. This includes the time needed transaction—is likely to substantially D74, Atlanta, Georgia 30329. to review instructions; to develop, lessen competition. This one does not. Instructions: All submissions received acquire, install and utilize technology must include the agency name and and systems for the purpose of [FR Doc. 2015–13861 Filed 6–5–15; 8:45 am] Docket Number. All relevant comments BILLING CODE 6750–01–P collecting, validating and verifying received will be posted without change information, processing and to Regulations.gov, including any maintaining information, and disclosing personal information provided. For and providing information; to train DEPARTMENT OF HEALTH AND access to the docket to read background HUMAN SERVICES personnel and to be able to respond to documents or comments received, go to a collection of information, to search Centers for Disease Control and Regulations.gov. data sources, to complete and review Prevention Please note: All public comment should be the collection of information; and to submitted through the Federal eRulemaking transmit or otherwise disclose the [60Day–15–0856; Docket No. CDC–2015– portal (Regulations.gov) or by U.S. mail to the information. 0041] address listed above. Proposed Project Proposed Data Collection Submitted FOR FURTHER INFORMATION CONTACT: To National Quitline Data Warehouse for Public Comment and request more information on the (NQDW) (OMB No. 0920–0856, exp. 10/ Recommendations proposed project or to obtain a copy of 31/2015)—Revision—National Center the information collection plan and AGENCY: Centers for Disease Control and for Chronic Disease and Health instruments, contact the Information Prevention (CDC), Department of Health Promotion (NCCDPHP), Centers for Collection Review Office, Centers for and Human Services (HHS). Disease Control and Prevention (CDC). Disease Control and Prevention, 1600 ACTION: Notice with comment period. Clifton Road NE., MS–D74, Atlanta, Background and Brief Description SUMMARY: The Centers for Disease Georgia 30329; phone: 404–639–7570; Despite the high level of public Control and Prevention (CDC), as part of Email: [email protected]. knowledge about the adverse effects of its continuing efforts to reduce public SUPPLEMENTARY INFORMATION: Under the smoking, tobacco use remains the burden and maximize the utility of Paperwork Reduction Act of 1995 (PRA) leading preventable cause of disease and government information, invites the (44 U.S.C. 3501–3520), Federal agencies death in the United States. Smoking general public and other Federal must obtain approval from the Office of results in approximately 480,000 deaths agencies to take this opportunity to Management and Budget (OMB) for each annually (USDHHS, 2014). This total comment on proposed and/or collection of information they conduct includes approximately 41,000 annual or sponsor. In addition, the PRA also deaths in nonsmoking U.S. adults 5 The Commission points to the HSR Act as requires Federal agencies to provide a caused by secondhand smoke exposure providing the legal basis for the FTC to enter into 60-day notice in the Federal Register (USDHHS, 2014). Although the consent orders ‘‘to ensure that any competitive issues with a proposed transaction are addressed concerning each proposed collection of prevalence of current smoking among effectively.’’ Statement of the Federal Trade information, including each new adults has been decreasing, substantial Commission, supra note 1, at 4 n.7. When a proposed collection, each proposed disparities in smoking prevalence proposed transaction or set of transactions would extension of existing collection of continue to exist among individuals of not substantially lessen competition, as is the case with the three way transaction originally proposed information, and each reinstatement of low socioeconomic status, persons with here, there are no competitive issues with the previously approved information mental health and substance abuse proposed transaction to be addressed, and the belief collection before submitting the conditions, and certain racial/ethnic that a consent order may even further mitigate collection to OMB for approval. To populations, among other groups. concerns regarding the transfer of assets is not material to our analysis under the Clayton Act. The comply with this requirement, we are Quitlines are telephone-based tobacco HSR Act is not in conflict with the Clayton Act and publishing this notice of a proposed cessation services that help tobacco does not change this result. data collection as described below. users quit through a variety of services,

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including counseling, medications, collected de-identified, individual-level quitline services to the needs of callers. information and self-help materials data about tobacco users who have In 2014, CDC inquired with states as to (NAQC, 2009). Quitlines are effective, received services from state quitlines whether their state quitlines are already population-based interventions that including caller demographics, tobacco collecting information on pregnancy increase successful quitting. Tobacco use behaviors of callers, reasons for status, insurance status, and mental cessation quitlines overcome many of calling the quitline, how callers health status and learned that most state the barriers to in-person tobacco reported hearing about the quitline, quitlines already collect this cessation individual and group what services callers have received from information. However, these questions counseling because they are free, the quitline, and whether or not callers are not included in the current NQDW available at the caller’s convenience, were able to make successful quit Intake Questionnaire. Adding these and do not require transportation or attempts after using state quitline items to the NQDW Intake child care. They are also efficient and programs. Questionnaire will impose minimal cost-effective, in part because they offer Information collected by the NQDW additional burden on states but will multiple services centrally that often are has demonstrated an increase in the substantially improve the utility of the unavailable locally. CDC has directly demand for quitline services over time. NQDW data to identify use of state supported state quitlines since 2004 Unfortunately, quitlines remain under- quitlines by key tobacco use when CDC and the National Cancer funded and under-promoted. According populations. Finally, CDC proposes to Institute (NCI) created the National to CDC’s Best Practices for add a question about the language in Network of Tobacco Cessation Quitlines Comprehensive Tobacco Control which quitline services are provided. Initiative to provide greater access to Programs, currently about 1 percent of This question would not be a question counseling for tobacco cessation to U.S. tobacco users receive services from state posed to callers, but would be recorded tobacco users. Also, as part of the quitlines each year, however by the quitline service provider. approximately 6 to 8 percent of tobacco Initiative, NCI established a toll-free (3) In 2012, CDC discontinued data national portal number at 1–800–QUIT– users could potentially be reached by state quitlines if quitlines were collection for the NQDW Seven-Month NOW. This portal number automatically Follow-up Survey. During the three year transfers callers to their state quitline. sufficiently funded and promoted. CDC uses the information collected by period of this Revision request, the Quitlines now exist in all U.S. states, the NQDW for ongoing monitoring and NQDW Seven-Month Follow-up the District of Columbia, Guam, and evaluation related to state quitlines. The Questionnaire will be collected, but Puerto Rico. CDC currently supports the NQDW collects important information only for callers who receive services maintenance and enhancement of state used to monitor and evaluate the impact through the Asian Smokers’ Quitline. quitlines as part of the National Tobacco of funding for tobacco control programs Should the need arise in the future to Control Program, a cooperative and state quitlines as well as other resume collecting seven-month follow- agreement program with the states, and tobacco programs, policies and up data from all callers, an additional additional funding designated for interventions. In addition, data Revision request will be submitted to ensuring quitline capacity. One of CDC’s collected by the NQDW serves an OMB. current goals is to expand quitline important role in helping CDC assess Participation in the caller intake and capacity so that all callers to the quitline the effectiveness of the Tips From follow-up interviews is voluntary for during a federal media campaign are Former Smokers media campaign. The quitline callers. The estimated burden is offered at least one coaching call, either ‘‘Tips’’ campaign was initiated in 2012 10 minutes for a complete intake call immediately upon calling or by being to increase public awareness of the conducted with an individual who calls re-contacted within two to three days. A immediate health damage caused by on their own behalf. The estimated secondary purpose is to continue to smoking and to encourage adult burden is one minute for a caller who expand the capacity of state tobacco smokers to quit (www.cdc.gov/tips). requests information for someone else, control programs to implement CDC plans to request OMB approval as these callers complete only a subset evidence-based cessation interventions to continue the NQDW information of questions on the intake questionnaire. and to provide interventions that are collection for three years. All 50 states, The estimated burden per response for culturally and linguistically appropriate the District of Columbia, Guam, and the Seven-Month Follow-Up for populations that experience Puerto Rico will continue to participate. Questionnaire is seven minutes. disparities. Changes to be implemented include: In 2010, with funding provided by the (1) The Asian Smokers’ Quitline As a condition of funding, the 54 American Reinvestment and Recovery (ASQ) will participate in the NQDW. cooperative agreement awardees are Act (ARRA) of 2009, CDC’s Office on The ASQ will be administered and required to submit a quarterly services Smoking and Health (OSH) obtained operated by a single, national quitline survey. CDC recognizes that awardees approval to collect information through service provider. This change will allow incur additional burden for preparing the National Quitline Data Warehouse CDC to assess state quitline efforts to and transmitting summary files with (NQDW; OMB No. 0920–0856). The expand quitline capacity and service their de-identified caller intake and NQDW information collection provision to the tobacco users who follow-up data. This burden is continued from 2012–2014 using funds speak Asian languages. The total acknowledged in the instructions for from the Patient Protection and number of programs reporting through transmitting the electronic data files. Affordable Care Act (ACA) and CDC’s the NQDW will increase from 53 to 54. There is a net decrease in burden, Prevention and Public Health Fund (2) Five questions will be added to the primarily due to discontinuation of the (PPHF). During its five years in NQDW Intake Questionnaire concerning Seven-Month Follow-Up Questionnaire existence, the NQDW has collected a pregnancy, insurance status, type of for the majority of callers. quarterly services summary report from health insurance, mental health, and All information will be submitted to 50 states, the District of Columbia, language of service. This information CDC electronically. There are no costs to Guam and Puerto Rico. NQDW has also will help CDC and the states tailor respondents other than their time.

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ESTIMATED ANNUALIZED BURDEN HOURS

Number of Average Number of responses burden per Total Type of respondents Form name respondents per response burden respondent (in hrs.) (in hrs.)

Quitline callers who contact the NQDW Intake Questionnaire (complete) ...... 509,742 1 10/60 84,957 quitline for help themselves. Caller who contacts the quitline on NQDW Intake Questionnaire (subset) ...... 26,902 1 1/60 448 behalf of someone else. Quitline caller who received a quitline NQDW 7-Month Follow-Up Questionnaire ...... 659 1 7/60 77 service from the Asian Smokers’ quitline. Tobacco Control Manager or Their Instructions for Submitting NQDW Intake Ques- 54 4 1 216 Designee. tionnaire Electronic Data File to CDC. 1 1 1 1 Instructions for Submitting NQDW 7-Month Fol- low-up Electronic Data File to CDC. NQDW Quitline Services Survey ...... 54 4 20/60 72

Total ...... 85,771

Leroy A. Richardson, The Director, Management Analysis and the event by Friday, July 3, 2015, at the Chief, Information Collection Review Office, Services Office, has been delegated the following link: http://www.cdc.gov/tribal/ Office of Scientific Integrity, Office of the authority to sign Federal Register notices meetings.html. Associate Director for Science, Office of the pertaining to announcements of meetings and Purpose: The purpose of these recurring Director, Centers for Disease Control and other committee management activities, for meetings is to advance CDC/ATSDR support Prevention. both the Centers for Disease Control and for and collaboration with tribes, and to Prevention and the Agency for Toxic improve the health of tribes through, [FR Doc. 2015–13849 Filed 6–5–15; 8:45 am] Substances and Disease Registry. including but not limited to, assisting in BILLING CODE 4163–18–P eliminating the health disparities faced by Elaine L. Baker, Indian tribes, ensuring that access to critical Director, Management Analysis and Services health and human services and public health DEPARTMENT OF HEALTH AND Office, Centers for Disease Control and services is maximized to advance or enhance HUMAN SERVICES Prevention. the social, physical, and economic status of [FR Doc. 2015–13924 Filed 6–5–15; 8:45 am] American Indian/Alaska Native (AI/AN) Centers for Disease Control and BILLING CODE 4163–18–P people; and promoting health equity for all Prevention AI/AN people and communities. To advance these goals, CDC/ATSDR conducts Disease, Disability, and Injury DEPARTMENT OF HEALTH AND government-to-government consultations Prevention and Control Special HUMAN SERVICES with elected tribal officials or their Emphasis Panel (SEP): Initial Review authorized representatives. Consultation is an enhanced form of communication that Centers for Disease Control and emphasizes trust, respect, and shared In accordance with Section 10(a)(2) of Prevention the Federal Advisory Committee Act responsibility. It is an open and free (Pub. L. 92–463), the Centers for Disease exchange of information and opinion among Office for State, Tribal, Local and parties that leads to mutual understanding Control and Prevention (CDC) Territorial Support and comprehension. announces a meeting for the initial In accordance with Presidential Matters for Discussion: The TAC and CDC review of applications in response to leaders will discuss the following public Funding Opportunity Announcement Executive Order No. 13175, November health topics: Chronic disease prevention (FOA), CK15–004, Epicenters for the 6, 2000, and the Presidential and health promotion in Indian Country, Prevention of Healthcare Associated Memorandum of November 5, 2009, and CDC’s budget, and CDC’s communication and Infections (HAIs)—Cycle II. September 23, 2004, Consultation and engagement with tribes; however, discussion Coordination with Indian Tribal is not limited to these topics. Time and Date: 10:00 a.m.–4:00 p.m., EDT, Governments, CDC/Agency for Toxic During the 13th Biannual Tribal July 9, 2015 (Closed). Consultation Session, tribes and CDC leaders Place: Teleconference. Substances and Disease Registry (ATSDR), announces the following will engage in a listening session with CDC’s Status: The meeting will be closed to the director and have roundtable discussions public in accordance with provisions set meeting and Tribal Consultation with CDC senior leaders. Tribes will also forth in Section 552b(c)(4) and (6), Title 5 Session: have an opportunity to present testimony on U.S.C., and the Determination of the Director, Name: Tribal Advisory Committee (TAC) tribal health issues. Management Analysis and Services Office, Meeting and 13th Biannual Tribal Tribal leaders are encouraged to submit CDC, pursuant to Public Law 92–463. Consultation Session. written testimony by July 17, 2015, by mail Matters for Discussion: The meeting will Times and Dates: 8:00 a.m.–5:00 p.m., to Annabelle Allison, Deputy Associate include the initial review, discussion, and August 4, 2015 (TAC Meeting); 8:00 a.m.– Director, Tribal Support Unit, Office for evaluation of applications received in 5:00 p.m., August 5, 2015 (13th Biannual State, Tribal, Local and Territorial Support response to ‘‘Epicenters for the Prevention of Tribal Consultation Session). (OSTLTS), Centers for Disease Control and Healthcare Associated Infections (HAIs)— Place: The TAC Meeting and Tribal Prevention, 4770 Buford Highway NE., MS Cycle II’’, FOA CK15–004. Consultation Session will be held at the E–70, Atlanta, Georgia 30341, or by email to Contact Person for More Information: Northern Quest, 100 North Hayford Road, [email protected]. Gregory Anderson, M.S., M.P.H., Scientific Airway Heights, Washington 99001. Depending on the time available, it might Review Officer, CDC, 1600 Clifton Road NE., Status: The meetings are being hosted by be necessary to limit each presenter’s time. Mailstop E60, Atlanta, Georgia 30329–4027, CDC/ATSDR in-person only and are open to The agenda is subject to change as Telephone: (404) 718–8833. the public. Attendees must pre-register for priorities dictate.

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Information about the TAC, CDC’s Tribal Register on May 18, 2015, Volume 80, OMB No.: 0970–0433. Consultation Policy, and previous meetings Number 95, page 28273. This meeting is can be found at the following link: http:// canceled in its entirety. Description www.cdc.gov/tribal. Contact person for more information: FOR FURTHER INFORMATION CONTACT: A title IV–E plan is required by Annabelle Allison, Deputy Associate Brenda Colley Gilbert, Ph.D., M.S.P.H., section 471, part IV–E of the Social Director, Tribal Support Unit, CDC/OSTLTS, Director, Extramural Research Program Security Act (the Act) for each public 4770 Buford Highway NE., MS E–70, Atlanta, Operations and Services, CDC, 4770 child welfare agency requesting Federal Georgia 30341; email: [email protected]. Buford Highway NE., Mailstop F–80, funding for foster care, adoption The Director, Management Analysis and Atlanta, Georgia 30341, Telephone: Services Office, has been delegated the assistance and guardianship assistance authority to sign Federal Register notices (770) 488–6295, [email protected]. under the Act. Section 479B of the Act pertaining to announcements of meetings and The Director, Management Analysis provides for an Indian tribe, tribal other committee management activities, for and Services Office, has been delegated organization or tribal consortium (Tribe) both the Centers for Disease Control and the authority to sign Federal Register to operate a title IV–E program in the Prevention, and the Agency for Toxic notices pertaining to announcements of Substances and Disease Registry. same manner as a State with minimal meetings and other committee exceptions. The Tribe must have an Elaine L. Baker, management activities, for both the approved title IV–E Plan. The title IV– Centers for Disease Control and Director, Management Analysis and Services E plan provides assurances the Prevention and the Agency for Toxic Office, Centers for Disease Control and programs will be administered in Prevention. Substances and Disease Registry. conformity with the specific [FR Doc. 2015–13923 Filed 6–5–15; 8:45 am] Elaine L. Baker, requirements stipulated in title IV–E. BILLING CODE 4163–18–P Director, Management Analysis and Services The plan must include all applicable Office, Centers for Disease Control and State or Tribal statutory, regulatory, or Prevention. DEPARTMENT OF HEALTH AND policy references and citations for each HUMAN SERVICES [FR Doc. 2015–13884 Filed 6–5–15; 8:45 am] requirement as well as supporting BILLING CODE 4163–18–P documentation. A title IV–E agency may Centers for Disease Control and use the pre-print format prepared by the Prevention Children’s Bureau of the Administration DEPARTMENT OF HEALTH AND for Children and Families or a different Disease, Disability, and Injury HUMAN SERVICES format, on the condition that the format Prevention and Control Special used includes all of the title IV–E plan Emphasis Panel (SEP): Initial Review Administration for Children and Families requirements of the law. The meeting announced below Respondents: Title IV–E agencies concerns, Health Promotion and Disease Proposed Information Collection administering or supervising the Prevention Research Centers: Special Activity; Comment Request administration of the title IV–E Interest Project Competitive programs. Supplements, DP15–008, initial review. Proposed Projects SUMMARY: This document corrects a Title: Plan for Foster Care and notice that was published in the Federal Adoption Assistance—Title IV–E.

ANNUAL BURDEN ESTIMATES

Number of Average burden Instrument Number of responses per hours per Total burden respondents respondent response hours

Title IV–E Plan ...... 17 1 16 272

Estimated Total Annual Burden identified by the title of the information comments and suggestions submitted Hours: 272. collection. within 60 days of this publication. In compliance with the requirements The Department specifically requests Robert Sargis, of Section 506(c)(2)(A) of the Paperwork comments on: (a) Whether the proposed Reports Clearance Officer. Reduction Act of 1995, the collection of information is necessary Administration for Children and for the proper performance of the [FR Doc. 2015–13906 Filed 6–5–15; 8:45 am] Families is soliciting public comment functions of the agency, including BILLING CODE 4184–01–P on the specific aspects of the whether the information shall have information collection described above. practical utility; (b) the accuracy of the Copies of the proposed collection of agency’s estimate of the burden of the DEPARTMENT OF HEALTH AND information can be obtained and proposed collection of information; (c) HUMAN SERVICES comments may be forwarded by writing the quality, utility, and clarity of the Designation of a Class of Employees to the Administration for Children and information to be collected; and (d) for Addition to the Special Exposure Families, Office of Planning, Research ways to minimize the burden of the Cohort and Evaluation, 370 L’Enfant collection of information on Promenade SW., Washington, DC 20447, respondents, including through the use AGENCY: National Institute for Attn: ACF Reports Clearance Officer. of automated collection techniques or Occupational Safety and Health Email address: infocollection@ other forms of information technology. acf.hhs.gov. All requests should be Consideration will be given to (NIOSH), Centers for Disease Control

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and Prevention, Department of Health DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND and Human Services (HHS). HUMAN SERVICES HUMAN SERVICES ACTION: Notice. Designation of a Class of Employees Designation of a Class of Employees for Addition to the Special Exposure SUMMARY: HHS gives notice of a for Addition to the Special Exposure Cohort decision to designate a class of Cohort employees from the Hanford site in AGENCY: National Institute for Richland, Washington, as an addition to AGENCY: National Institute for Occupational Safety and Health Occupational Safety and Health the Special Exposure Cohort (SEC) (NIOSH), Centers for Disease Control under the Energy Employees (NIOSH), Centers for Disease Control and Prevention, Department of Health and Prevention, Department of Health Occupational Illness Compensation and Human Services (HHS). Program Act of 2000. and Human Services (HHS). ACTION: Notice. FOR FURTHER INFORMATION CONTACT: ACTION: Notice. Stuart L. Hinnefeld, Director, Division SUMMARY: HHS gives notice of a SUMMARY: of Compensation Analysis and Support, HHS gives notice of a decision to designate a class of NIOSH, 1090 Tusculum Avenue, MS C– decision to designate a class of employees from the Grand Junction 46, Cincinnati, OH 45226–1938, employees from the Dow Chemical Facilities site in Grand Junction, Telephone 1–877–222–7570. Company in Pittsburg, California, as an Colorado, as an addition to the Special Information requests can also be addition to the Special Exposure Cohort Exposure Cohort (SEC) under the Energy submitted by email to [email protected]. (SEC) under the Energy Employees Employees Occupational Illness SUPPLEMENTARY INFORMATION: Occupational Illness Compensation Compensation Program Act of 2000. Program Act of 2000. Authority: 42 U.S.C. 7384q(b). 42 U.S.C. FOR FURTHER INFORMATION CONTACT: 7384l(14)(C). FOR FURTHER INFORMATION CONTACT: Stuart L. Hinnefeld, Director, Division Stuart L. Hinnefeld, Director, Division On May 20, 2015, as provided for of Compensation Analysis and Support, of Compensation Analysis and Support, under 42 U.S.C. 7384l(14)(C), the NIOSH, 1090 Tusculum Avenue, MS C– NIOSH, 1090 Tusculum Avenue, MS C– Secretary of HHS designated the 46, Cincinnati, OH 45226–1938, 46, Cincinnati, OH 45226–1938, following class of employees as an Telephone 1–877–222–7570. Telephone 1–877–222–7570. addition to the SEC: Information requests can also be Information requests can also be submitted by email to [email protected]. All employees of Department of Energy submitted by email to [email protected]. contractors and subcontractors(excluding SUPPLEMENTARY INFORMATION: employees of the following Hanford prime SUPPLEMENTARY INFORMATION: Authority: 42 U.S.C. 7384q(b). 42 U.S.C. contractors during the specified time periods: Authority: 42 U.S.C. 7384q(b). 42 U.S.C. 7384l(14)(C). Battelle Memorial Institute, January 1, 1984, through December 31, 1990; Rockwell 7384l(14)(C). On May 20, 2015, as provided for Hanford Operations, January 1, 1984, through On May 21, 2015, as provided for under 42 U.S.C. 7384l(14)(C), the June 28, 1987; Boeing Computer Services Secretary of HHS designated the Richland, January 1, 1984, through June 28, under 42 U.S.C. 7384l(14)(C), the Secretary of HHS designated the following class of employees as an 1987; UNC Nuclear Industries, January 1, addition to the SEC: 1984, through June 28, 1987; Westinghouse following class of employees as an Hanford Company, January 1, 1984, through addition to the SEC: All employees of the Department of December 31, 1990; and Hanford Energy, its predecessor agencies, and its Environmental Health Foundation, January 1, All Atomic Weapons Employer employees contractors and subcontractors who worked 1984, through December 31, 1990), who who worked for Dow Chemical Company in at the Grand Junction Facilities site in Grand worked at the Hanford site in Richland, Pittsburg, California, from October 1, 1947, Junction, Colorado, during the period from Washington, during the period from January through June 30, 1957, for a number of work February 1, 1975, through December 31, I, 1984, through December 31, 1990, for a days aggregating at least 250 work days, 1985, for a number of work days aggregating number of work days aggregating at least 250 occurring either solely under this at least 250 work days, occurring either work days, occurring either solely under this employment or in combination with work solely under this employment or in employment, or in combination with work days within the parameters established for combination with work days within the days within the parameters established for one or more other classes of employees parameters established for one or more other one or more other classes of employees included in the Special Exposure Cohort. classes of employees in the Special Exposure included in the Special Exposure Cohort. Cohort. This designation will become This designation will become This designation will become effective on June 21, 2015, unless effective on June 20, 2015, unless effective on June 19, 2015, unless Congress provides otherwise prior to the Congress provides otherwise prior to the Congress provides otherwise prior to the effective date. After this effective date, effective date. After this effective date, effective date. After this effective date, HHS will publish a notice in the HHS will publish a notice in the HHS will publish a notice in the Federal Register reporting the addition Federal Register reporting the addition Federal Register reporting the addition of this class to the SEC or the result of of this class to the SEC or the result of of this class to the SEC or the result of any provision by Congress regarding the any provision by Congress regarding the any provision by Congress regarding the decision by HHS to add the class to the decision by HHS to add the class to the decision by HHS to add the class to the SEC. SEC. SEC. John Howard, John Howard, John Howard, Director, National Institute for Occupational Director, National Institute for Occupational Director, National Institute for Occupational Safety and Health. Safety and Health. Safety and Health. [FR Doc. 2015–13930 Filed 6–5–15; 8:45 am] [FR Doc. 2015–13929 Filed 6–5–15; 8:45 am] [FR Doc. 2015–13927 Filed 6–5–15; 8:45 am] BILLING CODE 4163–19–P BILLING CODE 4163–19–P BILLING CODE 4163–19–P

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DEPARTMENT OF HEALTH AND nhlbi.nih.gov. Formal requests for and HIV have different illnesses than HUMAN SERVICES additional plans and instruments must patients who have SCD- or HIV-only. be requested in writing. The proposed study will seek to National Institutes of Health DATES: understand the risk of HIV in the SCD Comments Due Date: Comments population, describe HIV outcomes in Proposed Collection; 60 Day Comment regarding this information collection are patients with SCD and compare SCD Request Characterization of Risk of best assured of having their full effect if complications between HIV-positive HIV and HIV Outcomes in the Brazilian received within 60 days of the date of and HIV-negative patients with SCD Sickle Cell Disease (SCD) Population this publication. using the infrastructure established by and Comparison of SCD Outcomes Proposed Collection: Characterization the REDS–III SCD Cohort study. Between HIV Sero-Positive and of risk of HIV and HIV outcomes in the Negative SCD Patients (NHLBI) The limited studies focused on HIV in Brazilian Sickle Cell Disease (SCD) SCD have suggested that HIV may not population and comparison of SCD SUMMARY: In compliance with the occur as frequently in patients with SCD outcomes between HIV sero-positive requirement of Section 3506(c)(2)(A) of as in people who do not have SCD. and negative SCD patients 0925–NEW, the Paperwork Reduction Act of 1995, While it has been hypothesized that National Heart, Lung, and Blood for opportunity for public comment on perhaps SCD pathophysiology has a Institute (NHLBI), the National proposed data collection projects, the unique effect on HIV infection or Institutes of Health (NIH). replication, none of the studies have National Heart, Lung, and Blood Need and Use of Information adequately measured risk factors for Institute (NHLBI), the National Collection: The National Heart, Lung, Institutes of Health (NIH), will publish and Blood Institute (NHLBI) Recipient HIV in patients with SCD. The first periodic summaries of proposed Epidemiology and Donor Evaluation objective of the proposed study is to projects to the Office of Management Study-III (REDS–III) program conducts compare HIV risk factors between 150 and Budget (OMB) for review and research focused on the safety of the patients with SCD (cases) randomly approval. blood supply, the patients who are in selected from the REDS–III SCD Cohort Written comments and/or suggestions need of transfusions, and the study and 150 individuals without SCD from the public and affected agencies epidemiology of transfusion- (controls) from a demographically are invited on one or more of the transmissible infections such as human similar population. An assessment that following points: (1) Whether the immunodeficiency virus (HIV). Sickle has been well validated in previous proposed collection of information is cell disease (SCD) is a blood disorder studies has been modified for the SCD necessary for the proper performance of that affects thousands of people in the population and will be used to collect the function of the agency, including United States and Brazil. Many patients data regarding HIV risk behaviors. The whether the information will have with SCD need to be chronically second objective of the proposed study practical utility; (2) The accuracy of the transfused with red blood cells and the will seek to enroll approximately 25 agency’s estimate of the burden of the REDS–III research program has patients with SCD and HIV who consent proposed collection of information, established in Brazil a cohort of patients to have detailed information regarding including the validity of the with SCD to study transfusion outcomes their diseases retrieved from their methodology and assumptions used; (3) and infectious diseases such as HIV in medical records. This will allow for an Ways to enhance the quality, utility, and the SCD population. in-depth evaluation of how patients clarity of the information to be Sickle cell disease predominantly with both diseases fare. Additionally, collected; and (4) Ways to minimize the affects persons with sub-Saharan Africa patients who have SCD but not HIV will burden of the collection of information and other malaria-endemic regions be compared to patients who have both on those who are to respond, including ancestry because people who carry one diseases to better understand how one the use of appropriate automated, sickle cell disease gene (you need 2 to disease affects the other disease. electronic, mechanical, or other have sickle cell disease) have a survival Information on the HIV-negative technological collection techniques or advantage for malaria. Sub-Saharan patients with SCD has already been other forms of information technology. Africa, where most people with SCD in collected because they participated in TO SUBMIT COMMENTS AND FOR FURTHER the world live, remains one of the the REDS–III SCD Cohort study. This INFORMATION: To obtain a copy of the regions most severely affected by HIV, study will provide critical information data collection plans and instruments, with nearly 1 in every 20 adults living to guide the management and future submit comments in writing, or request with the virus. In the United States, HIV research for patients with HIV and SCD more information on the proposed also disproportionately affects persons in Brazil, the United States, and project, contact: Simone Glynn, MD, with African ancestry. Despite the worldwide. Project Officer/ICD Contact, Two diseases’ occurrence in similar OMB approval is requested for 3 Rockledge Center, Suite 9142, 6701 populations and the fact that both HIV years. There are no costs to respondents Rockledge Drive, Bethesda, MD 20892, and SCD are independent predictors of other than their time. The total or call non-toll-free number (301) 435– outcomes such as stroke, there is a lack estimated annualized burden hours are 0065, or Email your request to: glynnsa@ of data to evaluate if patients with SCD 325.

Average Number of Number of burden per Total annual Form name Type of respondents respondents responses per response burden hours respondent (in hours)

Objective 1 Risk Factor Informed Adult SCD cases and controls ...... 300 1 15/60 75 Consents. Objective 2 Risk Factor Informed Adult previously enrolled REDS–II 25 1 15/60 6 Consent. and III HIV SCD patients.

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Average Number of Number of burden per Total annual Form name Type of respondents respondents responses per response burden hours respondent (in hours)

Objectives 1 and 2 Risk Factor As- Adult SCD cases and controls, and 325 1 45/60 244 sessment. Adult previously enrolled REDS–II and III HIV SCD patients.

Lynn Susulske, Boulevard, Bethesda, MD 20892, (Telephone (Catalogue of Federal Domestic Assistance NHLBI Project Clearance Liaison, National Conference Call). Program Nos. 93.847, Diabetes, Institutes of Health. Contact Person: Paul A. Rushing, Ph.D., Endocrinology and Metabolic Research; Scientific Review Officer, Review Branch, 93.848, Digestive Diseases and Nutrition [FR Doc. 2015–13837 Filed 6–5–15; 8:45 am] DEA, NIDDK, National Institutes of Health, Research; 93.849, Kidney Diseases, Urology BILLING CODE 4140–01–P Room 747, 6707 Democracy Boulevard, and Hematology Research, National Institutes Bethesda, MD 20892–5452, (301) 594–8895, of Health, HHS) [email protected]. Dated: June 2, 2015. DEPARTMENT OF HEALTH AND Name of Committee: National Institute of HUMAN SERVICES Diabetes and Digestive and Kidney Diseases David Clary, Special Emphasis Panel; R13 Conference Program Analyst, Office of Federal Advisory National Institutes of Health Grant Applications. Committee Policy. Date: July 16, 2015. [FR Doc. 2015–13839 Filed 6–5–15; 8:45 am] National Institute of Diabetes and Time: 11:00 a.m. to 12:30 p.m. BILLING CODE 4140–01–P Digestive and Kidney Diseases; Notice Agenda: To review and evaluate grant of Closed Meetings applications. Place: National Institutes of Health, Two Pursuant to section 10(d) of the Democracy Plaza, 6707 Democracy DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Boulevard, Bethesda, MD 20892, (Telephone HUMAN SERVICES Conference Call). amended (5 U.S.C. App.), notice is National Institutes of Health hereby given of the following meetings. Contact Person: Jian Yang, Ph.D., Scientific Review Officer, Review Branch, DEA, The meetings will be closed to the NIDDK, National Institutes of Health, Room National Institute of Allergy and public in accordance with the 755, 6707 Democracy Boulevard, Bethesda, Infectious Diseases; Notice of Closed provisions set forth in sections MD 20892–5452, (301) 594–7799, yangj@ Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., extra.niddk.nih.gov. as amended. The grant applications and Name of Committee: National Institute of Pursuant to section 10(d) of the the discussions could disclose Diabetes and Digestive and Kidney Diseases Federal Advisory Committee Act, as confidential trade secrets or commercial Special Emphasis Panel; Psychosocial and amended (5 U.S.C. App.), notice is property such as patentable material, Behavioral Aspects of Bariatric Surgery hereby given of the following meeting. and personal information concerning (R01). Date: July 23, 2015. The meeting will be closed to the individuals associated with the grant Time: 12:00 p.m. to 4:00 p.m. public in accordance with the applications, the disclosure of which Agenda: To review and evaluate grant provisions set forth in sections would constitute a clearly unwarranted applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. Place: National Institutes of Health, Two as amended. The grant applications and Name of Committee: National Institute of Democracy Plaza, 6707 Democracy the discussions could disclose Boulevard, Bethesda, MD 20892, (Telephone Diabetes and Digestive and Kidney Diseases confidential trade secrets or commercial Conference Call). Special Emphasis Panel; RFA–DK–14–022: property such as patentable material, Contact Person: Paul A. Rushing, Ph.D., Improving Diabetes Management in Young Scientific Review Officer, Review Branch, and personal information concerning Children with Type 1 Diabetes (DP3). DEA, NIDDK, National Institutes of Health, individuals associated with the grant Date: June 24, 2015. Room 747, 6707 Democracy Boulevard, applications, the disclosure of which Time: 11:00 a.m. to 3:00 p.m. Bethesda, MD 20892–5452, (301) 594–8895, would constitute a clearly unwarranted Agenda: To review and evaluate grant [email protected]. applications. invasion of personal privacy. Place: National Institutes of Health, Two Name of Committee: National Institute of Name of Committee: Microbiology, Diabetes and Digestive and Kidney Diseases Democracy Plaza, 6707 Democracy Infectious Diseases and AIDS Initial Review Special Emphasis Panel; Identification of Boulevard, Bethesda, MD 20892, (Telephone Group; Microbiology and Infectious Diseases Novel Targets and Pathways Mediating Conference Call). B Subcommittee. Weight Loss, Diabetes Resolution and Related Contact Person: Ann A. Jerkins, Ph.D., Date: June 30, 2015. Metabolic Disease after Bariatric Surgery in Scientific Review Officer, Review Branch, Humans (R01). Time: 8:00 a.m. to 5:00 p.m. DEA, NIDDK, National Institutes of Health, Date: July 27, 2015. Agenda: To review and evaluate grant Room 759, 6707 Democracy Boulevard, Time: 12:00 p.m. to 4:00 p.m. applications. Bethesda, MD 20892–5452, 301–594–2242, Agenda: To review and evaluate grant Place: National Institutes of Health, Room [email protected]. applications. 3F30A, 5601 Fisher Lane, Rockville, MD Name of Committee: National Institute of Place: National Institutes of Health, Two 20892. Diabetes and Digestive and Kidney Diseases Democracy Plaza, 6707 Democracy Contact Person: Ellen S. Buczko, Ph.D., Special Emphasis Panel; Ancillary Studies: Boulevard, Bethesda, MD 20892, (Telephone Scientific Review Officer, Scientific Review Kramer. Conference Call). Program, Division of Extramural Activities, Date: July 10, 2015. Contact Person: Paul A. Rushing, Ph.D., National Institutes of Health/NIAID, 5601 Time: 2:00 p.m. to 3:00 p.m. Scientific Review Officer, Review Branch, Fishers Lane, Bethesda, MD 20892–7616, Agenda: To review and evaluate grant DEA, NIDDK, National Institutes of Health, 240–669–5028, [email protected]. applications. Room 747, 6707 Democracy Boulevard, (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, Two Bethesda, MD 20892–5452, (301) 594–8895, Program Nos. 93.855, Allergy, Immunology, Democracy Plaza, 6707 Democracy [email protected]. and Transplantation Research; 93.856,

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Microbiology and Infectious Diseases DEPARTMENT OF HEALTH AND as amended. The grant applications and Research, National Institutes of Health, HHS) HUMAN SERVICES the discussions could disclose Dated: June 2, 2015. confidential trade secrets or commercial National Institutes of Health David Clary, property such as patentable material, and personal information concerning Program Analyst, Office of Federal Advisory National Institute of Allergy and individuals associated with the grant Committee Policy. Infectious Diseases; Notice of Closed applications, the disclosure of which [FR Doc. 2015–13840 Filed 6–5–15; 8:45 am] Meeting would constitute a clearly unwarranted BILLING CODE 4140–01–P Pursuant to section 10(d) of the invasion of personal privacy. Federal Advisory Committee Act, as Name of Committee: National Institute of amended (5 U.S.C. App.), notice is DEPARTMENT OF HEALTH AND General Medical Sciences Special Emphasis hereby given of the following meeting. Panel; NIGMS Postdoctoral T32 Review. HUMAN SERVICES The meeting will be closed to the Date: July 10, 2015. public in accordance with the National Institutes of Health Time: 8:00 a.m. to 5:00 p.m. provisions set forth in sections Agenda: To review and evaluate grant National Institute of Dental & 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. Craniofacial Research; Notice of as amended. The grant applications and Place: Hyatt Regency Bethesda, One Closed Meeting the discussions could disclose Bethesda Metro Center, 7400 Wisconsin confidential trade secrets or commercial Avenue, Bethesda, MD 20814. Pursuant to section 10(d) of the property such as patentable material, Contact Person: Brian R. Pike, Ph.D., Federal Advisory Committee Act, as and personal information concerning Scientific Review Officer, Office of Scientific individuals associated with the grant amended (5 U.S.C. App.), notice is Review, National Institute of General Medical applications, the disclosure of which hereby given of the following meeting. Sciences, National Institutes of Health, 45 would constitute a clearly unwarranted Center Drive, Room 3An.18, Bethesda, MD The meeting will be closed to the invasion of personal privacy. 20892, 301–594–3907, [email protected]. public in accordance with the Name of Committee: National Institute of Name of Committee: National Institute of provisions set forth in sections Allergy and Infectious Diseases Special General Medical Sciences Special Emphasis 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Emphasis Panel; Investigator Initiated Panel; Anesthesiology Program Project as amended. The grant applications and Extended Clinical Trial (R01). Review. Date: June 29, 2015. the discussions could disclose Date: July 13, 2015. Time: 1:00 p.m. to 4:00 p.m. confidential trade secrets or commercial Time: 1:00 p.m. to 4:00 p.m. property such as patentable material, Agenda: To review and evaluate grant applications. Agenda: To review and evaluate grant and personal information concerning Place: National Institutes of Health, 5601 applications. individuals associated with the grant Fisher Lane, Rockville, MD 20892, Place: National Institutes of Health, applications, the disclosure of which (Telephone Conference Call). Natcher Building, 45 Center Drive, Room would constitute a clearly unwarranted Contact Person: B. Duane Price, Ph.D., 3An.18, Bethesda, MD 20892, (Telephone invasion of personal privacy. Scientific Review Officer, Scientific Review Conference Call). Program, DHHS/NIH/NIAID, 5601 Fishers Contact Person: Brian R. Pike, Ph.D., Name of Committee: National Institute of Lane, Room 3C100, Bethesda, MD 20892, Scientific Review Officer, Office of Scientific Dental and Craniofacial Research Special 240–669–5074, [email protected]. Review, National Institute of General Medical Emphasis Panel; Review of DSR Member (Catalogue of Federal Domestic Assistance Sciences, National Institutes of Health, 45 Conflict, R25 & R13 Applications. Program Nos. 93.855, Allergy, Immunology, Center Drive, Room 3An.18, Bethesda, MD Date: June 25, 2015. and Transplantation Research; 93.856, 20892, 301–594–3907, [email protected]. Time: 12:00 p.m. to 3:30 p.m. Microbiology and Infectious Diseases Agenda: To review and evaluate grant Research, National Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical applications. Dated: June 2, 2015. Research Support; 93.821, Cell Biology and Place: National Institutes of Health, One David Clary, Democracy Plaza, 6701 Democracy Biophysics Research; 93.859, Pharmacology, Program Analyst, Office of Federal Advisory Boulevard, Bethesda, MD 20892. Physiology, and Biological Chemistry Committee Policy. Contact Person: Victor Henriquez, Ph.D., Research; 93.862, Genetics and [FR Doc. 2015–13841 Filed 6–5–15; 8:45 am] Scientific Review Officer, DEA/SRB/NIDCR, Developmental Biology Research; 93.88, 6701 Democracy Blvd., Room 668, Bethesda, BILLING CODE 4140–01–P Minority Access to Research Careers; 93.96, MD 20892–4878, 301–451–2405, henriquv@ Special Minority Initiatives, National nidcr.nih.gov. Institutes of Health, HHS) DEPARTMENT OF HEALTH AND (Catalogue of Federal Domestic Assistance HUMAN SERVICES Dated: June 2, 2015. Program Nos. 93.121, Oral Diseases and Melanie J. Gray, Disorders Research, National Institutes of National Institutes of Health Program Analyst, Office of Federal Advisory Health, HHS) Committee Policy. Dated: June 2, 2015. National Institute of General Medical [FR Doc. 2015–13826 Filed 6–5–15; 8:45 am] Sciences; Notice of Closed Meetings David Clary, BILLING CODE 4140–01–P Program Analyst, Office of Federal Advisory Pursuant to section 10(d) of the Committee Policy. Federal Advisory Committee Act, as [FR Doc. 2015–13827 Filed 6–5–15; 8:45 am] amended (5 U.S.C. App.), notice is BILLING CODE 4140–01–P hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,

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DEPARTMENT OF HOMELAND All submissions received must There is in the Agency [FEMA] a system SECURITY include the agency name and Docket ID. known as the National Urban Search and Regardless of the method used for Rescue Response System (US&R). Federal Emergency Management submitting comments or material, all The information collection activity Agency submissions will be posted, without authorized under the Omnicircular, 2 [Docket ID: FEMA–2015–0015; OMB No. change, to the Federal eRulemaking CFR part 200, is the collection of 1660–0073] Portal at http://www.regulations.gov, program and administrative information and will include any personal from US&R Sponsoring Agencies Agency Information Collection information you provide. Therefore, relating to readiness and response Activities: Proposed Collection; submitting this information makes it cooperative agreement awards. Comment Request; National Urban public. You may wish to read the Collection of Information Search and Rescue Response System Privacy Act notice that is available via Title: National Urban Search and AGENCY: Federal Emergency the link in the footer of Management Agency, DHS. www.regulations.gov. Rescue Response System. Type of Information Collection: ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Revision of a currently approved SUMMARY: The Federal Emergency Catherine Deel, Program Specialist, information collection. Management Agency, as part of its FEMA, Response Directorate, OMB Number: 1660–0073. continuing effort to reduce paperwork Operations Division, at (202) 212–3796. FEMA Forms: FEMA Form 089–0–10, and respondent burden, invites the You may contact the Records Urban Search Rescue Response System general public and other Federal Management Division for copies of the Narrative Statement Workbook; FEMA agencies to take this opportunity to proposed collection of information at Form 089–0–11, Urban Search Rescue comment on a revision of a currently facsimile number (202) 212–4701 or Response System Semi-Annual approved information collection. In email address: FEMA-Information- Performance Report; FEMA Form 089– accordance with the Paperwork [email protected]. 0–12, Urban Search Rescue Response Reduction Act of 1995, this notice seeks System Amendment Form; FEMA Form comments concerning the Urban Search SUPPLEMENTARY INFORMATION: Section 089–0–14, Urban Search Rescue and Rescue Response System 303 of the Robert T. Stafford Disaster Response System Task Force Self- information collection. Relief and Emergency Assistance Act Evaluation Scoresheet; FEMA Form (Stafford Act), 42 U.S.C. 5144, DATES: Comments must be submitted on 089–0–15, Urban Search Rescue or before August 7, 2015. authorizes the President of the United Response System Task Force States to form emergency support teams ADDRESSES: To avoid duplicate Deployment Data; FEMA Form 089–0– of Federal personnel to be deployed to submissions to the docket, please use 26, Vehicle Support Unit Purchase/ an area affected by major disaster or only one of the following means to Replacement/Disposal Justification. emergency. Section 403(a)(3)(B) of the submit comments: Abstract: The information collection (1) Online. Submit comments at Stafford Act provides that the President activity is the collection of financial, www.regulations.gov under Docket ID may authorize Federal Agencies to program and administrative information FEMA–2015–0015. Follow the perform work on public or private lands for US&R Sponsoring Agencies relating instructions for submitting comments. essential to save lives and protect to readiness and response Cooperative (2) Mail. Submit written comments to property, including search and rescue Agreement awards. Docket Manager, Office of Chief and emergency medical care, and other Affected Public: State, Local or Tribal Counsel, DHS/FEMA, 500 C Street SW., essential needs. The Post Katrina Government. Room 8NE, Washington, DC 20472– Emergency Management Reform Act Number of Respondents: 28. 3100. (PKEMRA) codified the Urban Search Number of Responses: 210. (3) Facsimile. Submit comments to and Rescue in the Homeland Security Estimated Total Annual Burden (202) 212–4701. Act of 2002 (as amended), stating: Hours: 392 hours. ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS

Number of Average Number of responses Total burden per Total annual Average Total annual Type of respondent Form name/form No. respondents per number of response burden hourly wage respondent respondent responses (in hours) (in hours) rate cost

State, Local or Tribal Govern- FEMA Form 089–0–10, A 28 1 28 4 112 $42.94 $4,809.28 ment (US&R Task Forces). thru I: Narrative Statement Workbook. State, Local or Tribal Govern- Semi-Annual Performance 28 2 56 2 112 42.94 4,809.28 ment (US&R Task Forces). Report/FEMA Form 089– 0–11. State, Local or Tribal Govern- Amendment Form/FEMA 28 2 56 1 56 42.94 2,404.64 ment (US&R Task Forces). Form 089–0–12. State, Local or Tribal Govern- Self-Evaluations/FEMA Form 28 1 28 2 56 42.94 2,404.64 ment (US&R Task Forces). 089–0–14. State, Local or Tribal Govern- Task Force Deployment 28 1 28 1 28 42.94 1,202.32 ment (US&R Task Forces). Data/FEMA Form 089–0– 15. State, Local or Tribal Govern- Vehicle Support Unit Pur- 14 1 14 2 28 42.94 1,202.32 ment (US&R Task Forces). chase/Replacement/Dis- posal Justification Form/ FEMA Form 089–0–26.

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ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS—Continued

Number of Average Number of responses Total burden per Total annual Average Total annual Type of respondent Form name/form No. respondents per number of response burden hourly wage respondent respondent responses (in hours) (in hours) rate cost

Total ...... 28 ...... 210 ...... 392 ...... 16,832.48 Note: The ‘‘Avg. Hourly Wage Rate’’ for each respondent includes a 1.4 multiplier to reflect a fully-loaded wage rate.

Estimated Cost: The estimated annual Mapping Advisory Council (TMAC) will Street SW., Room 8NE, Washington, DC cost to respondents for the hour burden meet in person on June 23–24, 2015, in 20472–3100. is $16,832.48. There are no annual costs Silver Spring, MD. The meeting will be Instructions: All submissions received to respondents’ operations and open to the public. must include the words ‘‘Federal maintenance costs for technical DATES: The TMAC will meet on Emergency Management Agency’’ and services. There are no annual start-up or Tuesday, June 23, 2015, from 12:45 the docket number for this action. capital costs. The cost to the Federal p.m.–5:00 p.m., and Wednesday, June Comments received will be posted Government is $79,665.90. 24, 2015, from 12:30 p.m.–5:30 p.m., without alteration at http:// www.regulations.gov, including any Comments Eastern Daylight Savings Time (EDT). Please note that the meeting will close personal information provided. Comments may be submitted as early if the TMAC has completed its Docket: For docket access to read indicated in the ADDRESSES caption business. background documents or comments above. Comments are solicited to (a) received by the TMAC, go to http:// ADDRESSES: The meeting will be held at www.regulations.gov and search for the evaluate whether the proposed data the National Oceanic and Atmospheric collection is necessary for the proper Docket ID FEMA–2014–0022. Administration (NOAA) headquarters A public comment period will be held performance of the agency, including conference center located at 1325 East- whether the information shall have on June 23, 2015, from 4:30 p.m. to 5:00 West Hwy, Silver Spring, 20910. p.m. and again on June 24, 2015, from practical utility; (b) evaluate the Members of the public who wish to accuracy of the agency’s estimate of the 3:30 to 4:00 p.m. Speakers are requested attend the meeting must register in to limit their comments to no more than burden of the proposed collection of advance by sending an email to FEMA– information, including the validity of three minutes. The public comment [email protected] (attention Mark period will not exceed 30 minutes. the methodology and assumptions used; Crowell) by 11 p.m. EDT on Thursday, (c) enhance the quality, utility, and Please note that the public comment June 18, 2015. Members of the public period may end before the time clarity of the information to be must check in at the NOAA security collected; and (d) minimize the burden indicated, following the last call for desk and be escorted to the conference comments. Contact the individual listed of the collection of information on those room on the second floor; photo who are to respond, including through below to register as a speaker by close identification is required. of business on Thursday, June 18, 2015. the use of appropriate automated, For information on facilities or FOR FURTHER INFORMATION CONTACT: electronic, mechanical, or other services for individuals with disabilities Mark Crowell, Designated Federal technological collection techniques or or to request special assistance at the Officer for the TMAC, FEMA, 1800 other forms of information technology, meeting, contact the person listed in FOR South Bell Street, Arlington, VA 22202, e.g., permitting electronic submission of FURTHER INFORMATION CONTACT below as telephone (202) 646–3432, and email responses. soon as possible. [email protected]. The TMAC Dated: May 29, 2015. To facilitate public participation, members of the public are invited to Web site is: http://www.fema.gov/ Janice Waller, TMAC. Director, Records Management Division, provide written comments on the issues SUPPLEMENTARY INFORMATION: Mission Support, Federal Emergency to be considered by the TMAC, as listed Notice of Management Agency, Department of in the ‘‘Supplementary Information’’ this meeting is given under the Federal Homeland Security. section below. Associated meeting Advisory Committee Act, 5 U.S.C. [FR Doc. 2015–13969 Filed 6–5–15; 8:45 am] materials will be available at Appendix. As required by the Biggert-Waters BILLING CODE 9111–54–P www.fema.gov/TMAC for review by June 15, 2015. Written comments to be Flood Insurance Reform Act of 2012, the considered by the committee at the time TMAC makes recommendations to the DEPARTMENT OF HOMELAND of the meeting must be submitted and FEMA Administrator on: (1) How to SECURITY received by Thursday, June 18, 2015, improve, in a cost-effective manner, the identified by Docket ID FEMA–2014– (a) accuracy, general quality, ease of use, Federal Emergency Management 0022, and submitted by one of the and distribution and dissemination of Agency following methods: flood insurance rate maps and risk data; • Federal eRulemaking Portal: http:// and (b) performance metrics and [Docket ID FEMA–2014–0022] www.regulations.gov. Follow the milestones required to effectively and Technical Mapping Advisory Council instructions for submitting comments. efficiently map flood risk areas in the • Email: Address the email TO: United States; (2) mapping standards AGENCY: Federal Emergency [email protected] and CC: and guidelines for (a) flood insurance Management Agency, DHS. [email protected]. Include rate maps, and (b) data accuracy, data ACTION: Committee Management; Notice the docket number in the subject line of quality, data currency, and data of Federal Advisory Committee Meeting. the message. Include name and contact eligibility; (3) how to maintain, on an detail in the body of the email. ongoing basis, flood insurance rate maps SUMMARY: The Federal Emergency • Mail: Regulatory Affairs Division, and flood risk identification; (4) Management Agency (FEMA) Technical Office of Chief Counsel, FEMA, 500 C procedures for delegating mapping

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activities to State and local mapping agenda and related briefing materials community that the Deputy Associate partners; and (5)(a) methods for will be posted for review by June 15, Administrator for Mitigation reconsider improving interagency and 2015 at http://www.fema.gov/TMAC. the changes. The flood hazard intergovernmental coordination on Dated: May 29, 2015. determination information may be flood mapping and flood risk W. Craig Fugate, changed during the 90-day period. determination, and (b) a funding ADDRESSES: The affected communities strategy to leverage and coordinate Administrator, Federal Emergency Management Agency. are listed in the table below. Revised budgets and expenditures across Federal [FR Doc. 2015–13966 Filed 6–5–15; 8:45 am] flood hazard information for each agencies. Furthermore, the TMAC is community is available for inspection at BILLING CODE 9110–12–P required to submit an annual report to both the online location and the the FEMA Administrator that contains: respective community map repository (1) A description of the activities of the DEPARTMENT OF HOMELAND address listed in the table below. Council; (2) an evaluation of the status SECURITY Additionally, the current effective FIRM and performance of flood insurance rate and FIS report for each community are maps and mapping activities to revise Federal Emergency Management accessible online through the FEMA and update Flood Insurance Rate Maps; Agency Map Service Center at and (3) a summary of recommendations www.msc.fema.gov for comparison. made by the Council to the FEMA [Docket ID FEMA–2015–0001; Internal Submit comments and/or appeals to Agency Docket No. FEMA–B–1513] Administrator. the Chief Executive Officer of the The TMAC must also develop community as listed in the table below. recommendations on how to ensure that Changes in Flood Hazard Determinations FOR FURTHER INFORMATION CONTACT: Luis flood insurance rate maps incorporate Rodriguez, Chief, Engineering the best available climate science to AGENCY: Federal Emergency Management Branch, Federal Insurance assess flood risks and ensure that FEMA Management Agency, DHS. and Mitigation Administration, FEMA, uses the best available methodology to ACTION: Notice. 500 C Street SW., Washington, DC consider the impact of the rise in sea 20472, (202) 646–4064, or (email) level and future development on flood SUMMARY: This notice lists communities [email protected]; or visit risk. The TMAC must collect these where the addition or modification of the FEMA Map Information eXchange recommendations and present them to Base Flood Elevations (BFEs), base flood (FMIX) online at the FEMA Administrator in a future depths, Special Flood Hazard Area www.floodmaps.fema.gov/fhm/fmx_ conditions risk assessment and (SFHA) boundaries or zone main.html. modeling report. designations, or the regulatory floodway Further, in accordance with the (hereinafter referred to as flood hazard SUPPLEMENTARY INFORMATION: The Homeowner Flood Insurance determinations), as shown on the Flood specific flood hazard determinations are Affordability Act of 2014, the TMAC Insurance Rate Maps (FIRMs), and not described for each community in must develop a review report related to where applicable, in the supporting this notice. However, the online flood mapping in support of the Flood Insurance Study (FIS) reports, location and local community map National Flood Insurance Program prepared by the Federal Emergency repository address where the flood (NFIP). Management Agency (FEMA) for each hazard determination information is Agenda: On June 23, 2015, the TMAC community, is appropriate because of available for inspection is provided. members will discuss the Council’s new scientific or technical data. The Any request for reconsideration of work process for preparation of the FIRM, and where applicable, portions of flood hazard determinations must be Annual Report and Future Conditions the FIS report, have been revised to submitted to the Chief Executive Officer Report due in October 2015, and receive reflect these flood hazard of the community as listed in the table report outs from the following TMAC determinations through issuance of a below. subcommittees: (1) Future Conditions; The modifications are made pursuant Letter of Map Revision (LOMR), in (2) Flood Hazard Risk Generation and to section 201 of the Flood Disaster accordance with Title 44, Part 65 of the Dissemination; and (3) Operations, Protection Act of 1973, 42 U.S.C. 4105, Code of Federal Regulations (44 CFR Coordination, and Leveraging. A brief and are in accordance with the National part 65). The LOMR will be used by public comment period will take place Flood Insurance Act of 1968, 42 U.S.C. insurance agents and others to calculate prior to any votes. In addition, invited 4001 et seq., and with 44 CFR part 65. subject matter experts will brief TMAC appropriate flood insurance premium The FIRM and FIS report are the basis members on FEMA’s mapping program rates for new buildings and the contents of the floodplain management measures and the progress of FEMA’s Flood of those buildings. For rating purposes, that the community is required either to Insurance Reform Flood Mapping the currently effective community adopt or to show evidence of having in Integrated Project Team (IPT) to date, number is shown in the table below and effect in order to qualify or remain and present a tribal perspective on the must be used for all new policies and qualified for participation in the program. renewals. National Flood Insurance Program On June 24, 2015, the TMAC members DATES: These flood hazard (NFIP). will (1) discuss the report outs from the determinations will become effective on These flood hazard determinations, TMAC subcommittees, (2) deliberate on the dates listed in the table below and together with the floodplain content for the 2015 reports, and (3) revise the FIRM panels and FIS report management criteria required by 44 CFR discuss next steps for TMAC in effect prior to this determination for 60.3, are the minimum that are required. discussions and report development, the listed communities. They should not be construed to mean including a vote on the annotated From the date of the second that the community must change any outlines for the Annual Report and publication of notification of these existing ordinances that are more Future Condition Report due in October changes in a newspaper of local stringent in their floodplain 2015. A brief public comment period circulation, any person has 90 days in management requirements. The will take place prior to a vote. The full which to request through the community may at any time enact

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stricter requirements of its own or both the online location and the (Catalog of Federal Domestic Assistance No. pursuant to policies established by other respective community map repository 97.022, ‘‘Flood Insurance.’’) Federal, State, or regional entities. The address listed in the table below. Dated: May 21, 2015. flood hazard determinations are in Additionally, the current effective FIRM Roy E. Wright, accordance with 44 CFR 65.4. and FIS report for each community are The affected communities are listed in Deputy Associate Administrator for accessible online through the FEMA Mitigation, Department of Homeland the following table. Flood hazard Map Service Center at determination information for each Security, Federal Emergency Management www.msc.fema.gov for comparison. Agency. community is available for inspection at

Location and Chief executive officer Community map Online location of Effective date of Community State and county case No. of community repository letter of map revision modification No.

Illinois: DuPage ...... City of The Honorable David L. Warrenville City Hall, http://www.msc.fema.gov/lomc Aug. 14, 2015 .... 170218 Warrenville, Brummel, Mayor, City 3S258 Manning Ave- (15–05–1937P). of Warrenville, City Hall, nue, Warrenville, IL 28W701 Stafford Place, 60555. Warrenville, IL 60555.. DuPage ...... Unincorporated Mr. Dan Cronin, County DuPage County Depart- http://www.msc.fema.gov/lomc Aug. 14, 2015 .... 170197 areas of Board Chairman, ment of Development DuPage Coun- DuPage County, Ad- and Environmental ty, (15–05– ministration Building, Concerns, 421 North 1937P). 421 North County Farm County Farm Rd., 2nd Road, Wheaton, IL Floor, Wheaton, IL 60187. 60187. Indiana: Allen ...... Unincorporated The Honorable F. Nelson 1 East Main Street, Room http://www.msc.fema.gov/lomc Aug. 25, 2015 .... 180302 areas of, Allen Peters, Allen County 630, Fort Wayne, IN County, (14– Commissioner, Citizens 46802. 05–9162P). Square, 200 East Berry Street, Suite 410, Fort Wayne, IN 46802. Ohio: Delaware ...... Unincorporated The Honorable Gary 50 Channing Street, http://www.msc.fema.gov/lomc Aug. 1, 2015 ...... 390146 areas of Dela- Merrell, President, South Wing, Delaware, ware County, Delaware County Board OH 43015. (15–05–1599P). of Commissioners, 101 North Sandusky Street, Delaware, OH 43015. Franklin ...... City of Colum- The Honorable Michael B. 757 Carolyn Avenue, Co- http://www.msc.fema.gov/lomc Aug. 1, 2015 ...... 390170 bus, (15–05– Coleman, Mayor, City lumbus, OH 43224. 1599P). of Columbus, 90 West Broad Street, 2nd Floor, Columbus, OH 43215. Franklin ...... City of Dublin, The Honorable Michael 5800 Shier-Rings Road, http://www.msc.fema.gov/lomc Aug. 1, 2015 ...... 390673 (15–05–1599). Keenan, Mayor, City of Dublin, OH 43017. Dublin, 5200 Emerald Parkway, Dublin, OH 43017. Franklin ...... Unincorporated The Honorable Marilyn 280 East Broad Street, http://www.msc.fema.gov/lomc Aug. 1, 2015 ...... 390167 areas of Frank- Brown, President, Columbus, OH 43215. lin County, Franklin County Board (15–05–1599P). of Commissioners, 373 South High Street, 26th Floor, Columbus, OH 43215. Massachusetts: Norfolk ...... City of Quincy, The Honorable Thomas 1305 Hancock Street, http://www.msc.fema.gov/lomc Aug. 21, 2015 .... 255219 (15–01–0874P). P. Koch, Mayor, City of Quincy, MA 02169. Quincy, City Hall, 1305 Hancock Street, Quin- cy, MA 02169. Norfolk ...... Town of Milton, Mr. Denis Keohane, Se- 525 Canton Avenue, Mil- http://www.msc.fema.gov/lomc Aug. 21, 2015 .... 250245 (15–01–0874P). lectman, Town of Mil- ton, MA 02186. ton, Town Office Build- ing, 525 Canton Ave- nue, Milton, MA 02186. Wisconsin: Milwaukee ...... City of Green- The Honorable Michael J. 7325 West Forest Home http://www.msc.fema.gov/lomc Aug. 21, 2015 .... 550277 field, (15–05– Neitzke, Mayor, City of Avenue, Greenfield, WI 0082P). Greenfield, 7325 West 53220. Forest Home Avenue, Greenfield, WI 53220. Kenosha ...... City of Kenosha, The Honorable Keith G. 625 52nd Street, Keno- http://www.msc.fema.gov/lomc Aug. 21, 2015 .... 55209 (14–05–8669P). Bosman, Mayor, City of sha, WI 53140. Kenosha, 625 52nd Street, Kenosha, WI 53140. Kenosha ...... Village of Bristol, Mr. Michael Farrell, Presi- 19801 83rd Street, Bristol, http://www.msc.fema.gov/lomc Aug. 21, 2015 .... 550595 (14–05–8669P). dent, Village of Bristol, WI 53104. 19801 83rd Street, Bris- tol, WI 53104.

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[FR Doc. 2015–13858 Filed 6–5–15; 8:45 am] inspection at both the online location provided in the tables below. Any BILLING CODE 9110–12–P and the respective Community Map request for reconsideration of the Repository address listed in the tables revised flood hazard information shown below. Additionally, the current on the Preliminary FIRM and FIS report DEPARTMENT OF HOMELAND effective FIRM and FIS report for each that satisfies the data requirements SECURITY community are accessible online outlined in 44 CFR 67.6(b) is considered through the FEMA Map Service Center an appeal. Comments unrelated to the Federal Emergency Management at www.msc.fema.gov for comparison. flood hazard determinations also will be Agency You may submit comments, identified considered before the FIRM and FIS [Docket ID FEMA–2015–0001; Internal by Docket No. FEMA–B–1511, to Luis report become effective. Rodriguez, Chief, Engineering Agency Docket No. FEMA–B–1511] Use of a Scientific Resolution Panel Management Branch, Federal Insurance (SRP) is available to communities in Proposed Flood Hazard and Mitigation Administration, FEMA, support of the appeal resolution Determinations 500 C Street SW., Washington, DC process. SRPs are independent panels of 20472, (202) 646–4064, or (email) experts in hydrology, hydraulics, and AGENCY: Federal Emergency [email protected]. Management Agency, DHS. other pertinent sciences established to FOR FURTHER INFORMATION CONTACT: Luis ACTION: Notice. review conflicting scientific and Rodriguez, Chief, Engineering technical data and provide SUMMARY: Comments are requested on Management Branch, Federal Insurance recommendations for resolution. Use of proposed flood hazard determinations, and Mitigation Administration, FEMA, the SRP only may be exercised after 500 C Street SW., Washington, DC which may include additions or FEMA and local communities have been 20472, (202) 646–4064, or (email) modifications of any Base Flood engaged in a collaborative consultation [email protected]; or visit Elevation (BFE), base flood depth, process for at least 60 days without a the FEMA Map Information eXchange Special Flood Hazard Area (SFHA) mutually acceptable resolution of an (FMIX) online at boundary or zone designation, or appeal. Additional information www.floodmaps.fema.gov/fhm/fmx_ regulatory floodway on the Flood regarding the SRP process can be found main.html. Insurance Rate Maps (FIRMs), and online at http://floodsrp.org/pdfs/srp_ where applicable, in the supporting SUPPLEMENTARY INFORMATION: FEMA fact_sheet.pdf. proposes to make flood hazard Flood Insurance Study (FIS) reports for The watersheds and/or communities determinations for each community the communities listed in the table affected are listed in the tables below. listed below, in accordance with section below. The purpose of this notice is to The Preliminary FIRM, and where seek general information and comment 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR applicable, FIS report for each regarding the preliminary FIRM, and community are available for inspection where applicable, the FIS report that the 67.4(a). These proposed flood hazard at both the online location and the Federal Emergency Management Agency respective Community Map Repository (FEMA) has provided to the affected determinations, together with the floodplain management criteria required address listed in the tables. For communities. The FIRM and FIS report communities with multiple ongoing are the basis of the floodplain by 44 CFR 60.3, are the minimum that are required. They should not be Preliminary studies, the studies can be management measures that the identified by the unique project number community is required either to adopt construed to mean that the community must change any existing ordinances and Preliminary FIRM date listed in the or to show evidence of having in effect tables. Additionally, the current in order to qualify or remain qualified that are more stringent in their floodplain management requirements. effective FIRM and FIS report for each for participation in the National Flood community are accessible online Insurance Program (NFIP). In addition, The community may at any time enact stricter requirements of its own or through the FEMA Map Service Center the FIRM and FIS report, once effective, at www.msc.fema.gov for comparison. will be used by insurance agents and pursuant to policies established by other others to calculate appropriate flood Federal, State, or regional entities. (Catalog of Federal Domestic Assistance No. insurance premium rates for new These flood hazard determinations are 97.022, ‘‘Flood Insurance.’’) used to meet the floodplain buildings and the contents of those Dated: May 21, 2015. buildings. management requirements of the NFIP and also are used to calculate the Roy E. Wright, DATES: Comments are to be submitted appropriate flood insurance premium Deputy Associate Administrator for on or before September 8, 2015. rates for new buildings built after the Mitigation, Department of Homeland ADDRESSES: The Preliminary FIRM, and FIRM and FIS report become effective. Security, Federal Emergency Management where applicable, the FIS report for The communities affected by the Agency. each community are available for flood hazard determinations are I. Watershed-based studies:

Community Community map repository address

Deschutes Watershed

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Thurston County, Washington, and Incorporated Areas

City of Lacey ...... City Hall—Community Development Department, 420 College Street Southeast, Lacey, WA 98503. City of Olympia ...... City Hall, 601 4th Avenue East, Olympia, WA 98501. City of Rainier ...... City Hall, 102 Rochester Street, Rainier, WA 98576. City of Tumwater ...... City Hall, 555 Israel Road Southwest, Tumwater, WA 98501.

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Community Community map repository address

Unincorporated Areas of Thurston County ...... Thurston County Courthouse, 2000 Lakeridge Drive Southwest, Olym- pia, WA 98502.

II. Non-watershed-based studies:

Community Community map repository address

Humboldt County, CA and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project:14–09–2976S Preliminary Date: January 9, 2015

City of Arcata ...... City of Arcata, 525 9th Street, Arcata, CA 95521. City of Blue Lake ...... City of Blue Lake, 111 Greenwood Avenue, Blue Lake, CA 95525. City of Fortuna ...... City of Fortuna City Hall, 621 11th Street, Fortuna, CA 95540. Unincorporated Areas of Humboldt County ...... Clark Complex, 3015 H Street, Eureka, CA 95501.

Trinity County, California, and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project:11–09–0903S Preliminary Date: December 22, 2014

Unincorporated Areas of Trinity County ...... Planning Department & Planning Commission, 61 Airport Road, Weaverville, CA 96093.

Lee County, IL and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 12–05–1345S Preliminary Date: August 20, 2014

City of Dixon ...... City Hall, Building and Zoning Office, 121 West Second Street, Dixon, IL 61021. City of Rochelle ...... City Hall, 420 North Sixth Street, Rochelle, IL 61068. Unincorporated Areas of Lee County ...... County Zoning Office, 112 East Second Street, Dixon, IL 61021. Village of Nelson ...... Village Hall, 202 South Butler Street, Nelson, IL 61021.

Ogle County, IL and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project:12–05–1345S Preliminary Date: August 20, 2014

City of Byron ...... City Hall, 232 West Second Street, Byron, IL 61010. City of Oregon ...... City Hall, 115 North Third Street, Oregon, IL 61061. City of Rochelle ...... City Hall, 420 North Sixth Street, Rochelle, IL 61068. Unincorporated Areas of Ogle County ...... Ogle County Planning & Zoning Department, 911 West Pines Road, Oregon, IL 61061. Village of Hillcrest ...... Village Hall, 204 Hillcrest Avenue, Rochelle, IL 61068.

Sedgwick County, Kansas, and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 10–07–2217S Preliminary Date: January 23, 2015

City of Andale ...... Sedgwick County Metropolitan Area Building and Construction Depart- ment, 1144 South Seneca Street, Wichita, KS 67213. City of Bel Aire ...... City Hall, 7651 East Central Park Avenue, Bel Aire, KS 67226. City of Bentley ...... Sedgwick County Metropolitan Area Building and Construction Depart- ment, 1144 South Seneca Street, Wichita, KS 67213. City of Cheney ...... City Hall, 131 North Main Street, Cheney, KS 67025. City of Clearwater ...... City Hall, 129 East Ross Avenue, Clearwater, KS 67026. City of Colwich ...... City Hall, 310 South Second Street, Colwich, KS 67030. City of Derby ...... City Hall, 611 Mulberry Street, Suite 300, Derby, KS 67037. City of Eastborough ...... City Hall, 1 Douglas Avenue, Eastborough, KS 67207. City of Garden Plain ...... City Hall, 505 North Main Street, Garden Plain, KS 67050. City of Goddard ...... City Hall, 118 North Main Street, Goddard, KS 67052. City of Haysville ...... Planning Department, 200 West Grand Street, Haysville, KS 67060. City of Kechi ...... City Hall, 220 West Kechi Road, Kechi, KS 67067. City of Maize ...... City Hall, 10100 West Grady Avenue, Maize, KS 67101.

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Community Community map repository address

City of Mount Hope ...... City Hall, 112 West Main Street, Mount Hope, KS 67108. City of Mulvane ...... City Hall, 211 North Second Street, Mulvane, KS 67110. City of Park City ...... Economic Development & Planning, 6110 North Hydraulic Street, Park City, KS 67219. City of Valley Center ...... City Hall, 121 South Meridian Avenue, Valley Center, KS 67147. City of Viola ...... City Hall, 121 South Main Street, Viola, KS 67149. City of Wichita ...... Office of Storm Water Management, 455 North Main Street, 8th Floor, Wichita, KS 67202. Unincorporated Areas of Sedgwick County ...... Sedgwick County Metropolitan Area Building and Construction Depart- ment, 1144 South Seneca Street, Wichita, KS 67213.

Marion County, Missouri, and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 11–07–0674S Preliminary Date: February 27, 2015

Unincorporated Areas of Marion County ...... County Courthouse, 100 South Main Street, Palmyra, MO 63461.

Saunders County, Nebraska, and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

City of Wahoo ...... City Hall, 605 North Broadway Street, Wahoo, NE 68066. Unincorporated Areas of Saunders County ...... Saunders County Courthouse, 433 North Chestnut Street, Wahoo, NE 68066.

Benton County, Oregon, and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Unincorporated Areas of Benton County ...... Benton County Community Development Department, 360 Southwest Avery Avenue, Corvallis, OR 97333.

Linn County, Oregon, and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

City of Albany ...... City Hall, 333 Broadalbin Street Southwest, Albany, OR 97321. Unincorporated Areas of Linn County ...... Linn County Courthouse, 300 Southwest 4th Avenue, Albany, OR 97321.

Pierce County, Washington, and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

City of Bonney Lake ...... Justice and Municipal Center, 9002 Main Street East, Suite 300, Bonney Lake, WA 98391. City of Buckley ...... Planning and Building Department, 811 Main Street, Buckley, WA 98321. City of Dupont ...... City Hall, 1700 Civic Drive, Dupont, WA 98327. City of Edgewood ...... City Hall, 2224 104th Avenue East, Edgewood, WA 98372. City of Fife ...... City Hall, 5411 23rd Street East, Fife, WA 98424. City of Fircrest ...... Planning and Building Department, 115 Ramsdell Street, Fircrest, WA 98466. City of Gig Harbor ...... City Clerk’s Office, 3510 Grandview Street, Gig Harbor, WA 98335. City of Lakewood ...... City Hall, 6000 Main Street Southwest, Lakewood, WA 98499. City of Milton ...... Public Works Department, 1000 Laurel Street, Milton, WA 98354. City of Orting ...... City Hall, 110 Train Street Southeast, Orting, WA 98360. City of Puyallup ...... City Hall, 333 South Meridian, Puyallup, WA 98371. City of Roy ...... City Hall, 216 McNaught Street South, Roy, WA 98580. City of Ruston ...... City Hall, 5117 North Winnifred Street, Ruston, WA 98407. City of Sumner ...... City Hall, Public Works Counter, 1104 Maple Street, Sumner, WA 98390. City of Tacoma ...... Municipal Building, 747 Market Street, Tacoma, WA 98402. City of University Place ...... City Hall, 3715 Bridgeport Way West, Suite B–1, University Place, WA 98466. Town of Eatonville ...... Town Hall, 201 Center Street West, Eatonville, WA 98328. Town of South Prairie...... Town Hall, 121 Northwest Washington Street, South Prairie, WA 98385. Town of Steilacoom ...... Public Works Building, 1030 Roe Street, Steilacoom, WA 98388. Town of Wilkeson ...... Town Hall, 540 Church Street, Wilkeson, WA 98396. Unincorporated Areas of Pierce County ...... Pierce County Annex, 2401 South 35th Street, Tacoma, WA 98409.

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[FR Doc. 2015–13862 Filed 6–5–15; 8:45 am] Management Branch, Federal Insurance process for at least 60 days without a BILLING CODE 9110–12–P and Mitigation Administration, FEMA, mutually acceptable resolution of an 500 C Street SW., Washington, DC appeal. Additional information 20472, (202) 646–4064, or (email) regarding the SRP process can be found DEPARTMENT OF HOMELAND [email protected]. online at http://www.floodsrp.org/pdfs/ SECURITY _ _ FOR FURTHER INFORMATION CONTACT: Luis srp fact sheet.pdf. Federal Emergency Management Rodriguez, Chief, Engineering The communities affected by the Agency Management Branch, Federal Insurance flood hazard determinations are and Mitigation Administration, FEMA, provided in the table below. Any [Docket No. FEMA–2015–0001; Internal 500 C Street SW., Washington, DC request for reconsideration of the Agency Docket No. FEMA–B–1404] 20472, (202) 646–4064 or (email) revised flood hazard determinations [email protected]. Proposed Flood Hazard shown on the Preliminary FIRM and FIS Determinations SUPPLEMENTARY INFORMATION: FEMA report that satisfies the data proposes to make flood hazard requirements outlined in 44 CFR 67.6(b) AGENCY: Federal Emergency determinations for each community is considered an appeal. Comments Management Agency; DHS. listed in the table below, in accordance unrelated to the flood hazard ACTION: Notice; correction. with Section 110 of the Flood Disaster determinations will also be considered Protection Act of 1973, 42 U.S.C. 4104, before the FIRM and FIS report are SUMMARY: On April 25, 2014, FEMA and 44 CFR 67.4(a). made final. published in the Federal Register a These proposed flood hazard proposed flood hazard determination determinations, together with the Correction notice at 79 FR 23007 that contained a floodplain management criteria required In the proposed flood hazard table which included a Web page by 44 CFR 60.3, are the minimum that address through which the Preliminary determination notice published at 79 FR are required. They should not be 23007 in the April 25, 2014, issue of the Flood Insurance Rate Map (FIRM), and construed to mean that the community Federal Register, FEMA published a where applicable, the Flood Insurance must change any existing ordinances table titled ‘‘Ulster County, New York Study (FIS) report for the communities that are more stringent in their (All Jurisdictions).’’ This table listed in the table could be accessed. floodplain management requirements. contained a Web page address through The information available through the The community may at any time enact Web page address has subsequently stricter requirements of its own, or which the Preliminary FIRM, and where been updated. The table provided here pursuant to policies established by other applicable, FIS report for the represents the proposed flood hazard Federal, State, or regional entities. communities listed in the table could be determinations and communities These flood hazard determinations are accessed online. A Revised Preliminary affected for Ulster County, New York used to meet the floodplain FIRM and/or FIS report have (All Jurisdictions). management requirements of the NFIP subsequently been issued for some or all DATES: Comments are to be submitted and are also used to calculate the of the communities listed in the table. on or before September 8, 2015. appropriate flood insurance premium The information available through the ADDRESSES: The Preliminary FIRM, and rates for new buildings built after the Web page address listed in the table has where applicable, the FIS report for FIRM and FIS report become effective. been updated to reflect the Revised each community are available for Use of a Scientific Resolution Panel Preliminary information and is to be inspection at both the online location (SRP) is available to communities in used in lieu of the information and the respective Community Map support of the appeal resolution previously available. Repository address listed in the table process. SRPs are independent panels of (Catalog of Federal Domestic Assistance No. below. Additionally, the current experts in hydrology, hydraulics, and 97.022, ‘‘Flood Insurance.’’) effective FIRM and FIS report for each other pertinent sciences established to community are accessible online review conflicting scientific and Dated: May 21, 2015. through the FEMA Map Service Center technical data and provide Roy E. Wright, at www.msc.fema.gov for comparison. recommendations for resolution. Use of Deputy Associate Administrator for You may submit comments, identified the SRP may only be exercised after Mitigation, Department of Homeland by Docket No. FEMA–B–1404, to Luis FEMA and local communities have been Security, Federal Emergency Management Rodriguez, Chief, Engineering engaged in a collaborative consultation Agency.

Community Community map repository address

Ulster County, New York (All Jurisdictions)

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Town of Denning ...... Denning Town Clerk’s Office, 1567 Denning Road, Claryville, NY 12725. Town of Hardenburgh ...... Hardenburgh Town Hall, 51 Rider Hollow Road, Arkville, NY 12406. Town of Hurley ...... Town Hall, 10 Wamsley Place, Hurley, NY 12443. Town of Marbletown ...... Marbletown Town Hall, 3775 Main Street, Stone Ridge, NY 12484. Town of Olive ...... Olive Town Hall, 45 Watson Hollow Road, West Shokan, NY 12494. Town of Shandaken ...... Town Hall, 7209 Route 28, Shandaken, NY 12480. Town of Wawarsing...... Wawarsing Town Assessor’s Office and Building Department, 108 Canal Street, Ellenville, NY 12428. Town of Woodstock ...... Town Clerk’s Office, 45 Comeau Drive, Woodstock, NY 12498.

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[FR Doc. 2015–13866 Filed 6–5–15; 8:45 am] the dates listed in the table below and of the community as listed in the table BILLING CODE 9110–12–P revise the FIRM panels and FIS report below. in effect prior to this determination for The modifications are made pursuant the listed communities. to section 201 of the Flood Disaster DEPARTMENT OF HOMELAND From the date of the second Protection Act of 1973, 42 U.S.C. 4105, SECURITY publication of notification of these and are in accordance with the National changes in a newspaper of local Flood Insurance Act of 1968, 42 U.S.C. Federal Emergency Management circulation, any person has 90 days in 4001 et seq., and with 44 CFR part 65. Agency which to request through the The FIRM and FIS report are the basis [Docket ID FEMA–2015–0001; Internal community that the Deputy Associate of the floodplain management measures Agency Docket No. FEMA–B–1514] Administrator for Mitigation reconsider that the community is required either to the changes. The flood hazard adopt or to show evidence of having in Changes in Flood Hazard determination information may be effect in order to qualify or remain Determinations changed during the 90-day period. qualified for participation in the AGENCY: Federal Emergency ADDRESSES: The affected communities National Flood Insurance Program Management Agency, DHS. are listed in the table below. Revised (NFIP). flood hazard information for each ACTION: Notice. These flood hazard determinations, community is available for inspection at together with the floodplain SUMMARY: This notice lists communities both the online location and the management criteria required by 44 CFR where the addition or modification of respective community map repository 60.3, are the minimum that are required. Base Flood Elevations (BFEs), base flood address listed in the table below. They should not be construed to mean depths, Special Flood Hazard Area Additionally, the current effective FIRM that the community must change any (SFHA) boundaries or zone and FIS report for each community are existing ordinances that are more designations, or the regulatory floodway accessible online through the FEMA stringent in their floodplain (hereinafter referred to as flood hazard Map Service Center at management requirements. The determinations), as shown on the Flood www.msc.fema.gov for comparison. community may at any time enact Insurance Rate Maps (FIRMs), and Submit comments and/or appeals to stricter requirements of its own or where applicable, in the supporting the Chief Executive Officer of the pursuant to policies established by other Flood Insurance Study (FIS) reports, community as listed in the table below. Federal, State, or regional entities. The prepared by the Federal Emergency FOR FURTHER INFORMATION CONTACT: Luis flood hazard determinations are in Management Agency (FEMA) for each Rodriguez, Chief, Engineering accordance with 44 CFR 65.4. community, is appropriate because of Management Branch, Federal Insurance The affected communities are listed in new scientific or technical data. The and Mitigation Administration, FEMA, the following table. Flood hazard FIRM, and where applicable, portions of 500 C Street SW., Washington, DC determination information for each the FIS report, have been revised to 20472, (202) 646–4064, or (email) community is available for inspection at reflect these flood hazard [email protected]; or visit both the online location and the determinations through issuance of a the FEMA Map Information eXchange respective community map repository Letter of Map Revision (LOMR), in (FMIX) online at address listed in the table below. accordance with Title 44, Part 65 of the www.floodmaps.fema.gov/fhm/fmx_ Additionally, the current effective FIRM Code of Federal Regulations (44 CFR main.html. and FIS report for each community are accessible online through the FEMA part 65). The LOMR will be used by SUPPLEMENTARY INFORMATION: The insurance agents and others to calculate specific flood hazard determinations are Map Service Center at appropriate flood insurance premium not described for each community in www.msc.fema.gov for comparison. rates for new buildings and the contents this notice. However, the online (Catalog of Federal Domestic Assistance No. of those buildings. For rating purposes, location and local community map 97.022, ‘‘Flood Insurance.’’) the currently effective community repository address where the flood Dated: May 21, 2015. number is shown in the table below and hazard determination information is Roy E. Wright, must be used for all new policies and available for inspection is provided. renewals. Deputy Associate Administrator for Any request for reconsideration of Mitigation, Department of Homeland DATES: These flood hazard flood hazard determinations must be Security, Federal Emergency Management determinations will become effective on submitted to the Chief Executive Officer Agency.

Location and Chief executive Community map Online location of letter of Effective date of Community State and county case No. officer of community repository map revision modification No.

Alabama: Washington .... Town of The Honorable Wilbert Town Hall, 206 Com- http://www.msc.fema.gov/lomc Jul. 27, 2015 ...... 010525 McIntosh (15– Dixon, Mayor, Town of merce Street, McIntosh, 04–1284P). McIntosh, P.O. Box AL 36553. 351, McIntosh, AL 36553. Washington .... Unincorporated The Honorable Allen Bai- Washington County Engi- http://www.msc.fema.gov/lomc Jul. 27, 2015 ...... 010302 areas of Wash- ley, Chairman, Wash- neering Department, 45 ington County ington County Board of Court Street, Chatom, (15–04–1284P). Commissioners, P.O. AL 36518. Box 146, Chatom, AL 36518.

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Location and Chief executive Community map Online location of letter of Effective date of Community State and county case No. officer of community repository map revision modification No.

Jefferson ...... City of Bir- The Honorable William A. Planning and Engineering http://www.msc.fema.gov/lomc Jul. 20, 2015 ...... 010116 mingham (14– Bell, Sr., Mayor, City of Department, 710 North 04–9133P). Birmingham, 710 North 20th Street, Bir- 20th Street, Bir- mingham, AL 35203. mingham, AL 35203. Jefferson ...... City of Irondale The Honorable Tommy J. City Hall, 101 20th Street http://www.msc.fema.gov/lomc Jul. 20, 2015 ...... 010124 (14–04–9133P). Alexander, Mayor, City South, Irondale, AL of Irondale, P.O. Box 35210. 100188, Irondale, AL 35210. Jefferson ...... City of Mountain The Honorable Lawrence City Hall, 3928 Montclair http://www.msc.fema.gov/lomc Jul. 20, 2015 ...... 010128 Brook (14–04– T. Oden, Mayor, City of Road, Mountain Brook, 9133P). Mountain Brook, P.O. AL 35213. Box 130009, Mountain Brook, AL 35213. Jefferson ...... Unincorporated The Honorable Jimmie Jefferson County Land http://www.msc.fema.gov/lomc Jul. 20, 2015 ...... 010217 areas of Jeffer- Stephens, Chairman, Development Depart- son County Jefferson County Com- ment, 716 Richard (14–04–9133P). mission, 716 Richard Arrington Jr. Boulevard Arrington Jr. Boulevard North, Birmingham, AL North, Birmingham, AL 35203. 35203. Montgomery ... Town of Pike The Honorable Gordon Town Hall, 9575 Vaughan http://www.msc.fema.gov/lomc Jul. 10, 2015 ...... 010433 Road (14–04– Stone, Mayor, Town of Road, Pike Road, AL 9699P). Pike Road, 9575 36064. Vaughan Road, Pike Road, AL 36064. Montgomery ... Unincorporated The Honorable Elton N. Montgomery County Engi- http://www.msc.fema.gov/lomc Jul. 10, 2015 ...... 010278 areas of Mont- Dean, Sr., Chairman, neering Department, gomery County Montgomery County 100 South Lawrence (14–04–9699P). Commission, P.O. Box Street, Montgomery, AL 1667, Montgomery, AL 36104. 36102. Arizona: Maricopa City of Phoenix The Honorable Greg Street Transportation De- http://www.msc.fema.gov/lomc Jul. 31, 2015 ...... 040051 (15–09–0681P). Stanton, Mayor, City of partment, 200 West Phoenix, 200 West Washington Street, 5th Washington Street, Floor, Phoenix, AZ Phoenix, AZ 85003. 85345. California: Los An- City of Los Ange- The Honorable Eric Public Works Department, http://www.msc.fema.gov/lomc Jul. 27, 2015 ...... 060137 geles. les (15–09– Garcetti, Mayor, City of 1149 South Broadway, 0550P). Los Angeles, 200 North Suite 810, Los Angeles, Spring Street, Los An- CA 90015. geles, CA 90012. Colorado: Arapahoe ...... City of Aurora The Honorable Steve City Hall, 15151 East Ala- http://www.msc.fema.gov/lomc Jul. 10, 2015 ...... 080002 (14–08–0918P). Hogan, Mayor, City of meda Parkway, Aurora, Aurora, 15151 East Ala- CO 80012. meda Parkway, Aurora, CO 80012. Eagle ...... Unincorporated The Honorable Kathy Eagle County Building http://www.msc.fema.gov/lomc Aug. 7, 2015 ...... 080051 areas of Eagle Chandler-Henry, Chair, and Engineering De- County (14– Eagle County Board of partment, 500 Broad- 08–1086P). Commissioners, P.O. way Street, Eagle, CO Box 850, Eagle, CO 81631. 81631. El Paso ...... City of Colorado The Honorable Steve City Administration, 30 http://www.msc.fema.gov/lomc Jul. 27, 2015 ...... 080060 Springs (15– Bach, Mayor, City of South Nevada Avenue, 08–0177P). Colorado Springs, 30 Colorado Springs, CO South Nevada Avenue, 80903. Colorado Springs, CO 80903. Fremont ...... City of Canon The Honorable Tony City Hall, 128 Main Street, http://www.msc.fema.gov/lomc Aug. 3, 2015 ...... 080068 City (14–08– Greer, Mayor, City of Canon City, CO 81212. 0930P). Canon City, 901 Main Street, Canon City, CO 81212. Fremont ...... Unincorporated The Honorable Ed Fremont County Adminis- http://www.msc.fema.gov/lomc Aug. 3, 2015 ...... 080067 areas of Fre- Norden, Chairman, Fre- trator, 615 Macon Ave- mont County mont County Board of nue, Canon City, CO (14–08–0930P). Commissioners, 615 81212. Macon Avenue, Room 105, Canon City, CO 81212. La Plata ...... Unincorporated The Honorable Julie La Plata County Adminis- http://www.msc.fema.gov/lomc Jul. 10, 2015 ...... 080097 areas of La Westendorff, Chair, La tration Office, 1060 Plata County Plata County Board of East 2nd Avenue, Du- (14–08–1382P). Commissioners, 1060 rango, CO 81301. East 2nd Avenue, Du- rango, CO 81301. Florida:

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Location and Chief executive Community map Online location of letter of Effective date of Community State and county case No. officer of community repository map revision modification No.

Collier ...... City of Marco Is- The Honorable Lawrence City Hall, 50 Bald Eagle http://www.msc.fema.gov/lomc Jun. 19, 2015 ..... 120426 land (14–04– Sacher, Chairman, City Drive, Marco Island, FL 6846P). of Marco Island Coun- 34145. cil, 50 Bald Eagle Drive, Marco Island, FL 34145. Lee ...... Unincorporated The Honorable Brian Lee County Community http://www.msc.fema.gov/lomc Jul. 31, 2015 ...... 125124 areas of Lee Hamman, Chairman, Development Depart- County (15– Lee County Board of ment, 1500 Monroe 04–2532P). Commissioners, P.O. Street, 2nd Floor, Fort Box 398, Fort Myers, Meyers, FL 33901. FL 33902. Manatee ...... City of Bradenton The Honorable Wayne H. City Hall, 101 Old Main http://www.msc.fema.gov/lomc Jul. 14, 2015 ...... 120155 (15–04–1364P). Poston, Mayor, City of Street West, Bradenton, Bradenton, 101 Old FL 34205. Main Street West, Bra- denton, FL 34205. Manatee ...... City of Holmes The Honorable Bob John- City Hall, 5801 Marina http://www.msc.fema.gov/lomc Jun. 25, 2015 ..... 125114 Beach (15–04– son, Mayor, City of Drive, Holmes Beach, 1453P). Holmes Beach, 5801 FL 34217. Marina Drive, Holmes Beach, FL 34217. Manatee ...... Unincorporated The Honorable Betsy Manatee County Building http://www.msc.fema.gov/lomc Jul. 14, 2015 ...... 120153 areas of Man- Benac, Chair, Manatee and Development Serv- atee County County Board of Com- ices Department, 1112 (15–04–1364P). missioners, P.O. Box Manatee Avenue West, 1000, Bradenton, FL Bradenton, FL 34205. 34206. Manatee ...... Unincorporated The Honorable Betsy Manatee County Building http://www.msc.fema.gov/lomc Jun. 25, 2015 ..... 120153 areas of Man- Benac, Chair, Manatee and Development Serv- atee County County Board of Com- ices Department, 1112 (15–04–1453P). missioners, P.O. Box Manatee Avenue West, 1000, Bradenton, FL Bradenton, FL 34205. 34206. Manatee ...... Unincorporated The Honorable Betsy Manatee County Building http://www.msc.fema.gov/lomc Jul. 3, 2015 ...... 120153 areas of Man- Benac, Chair, Manatee and Development Serv- atee County County Board of Com- ices Department, 1112 (15–04– missioners, P.O. Box Manatee Avenue West, A642P). 1000, Bradenton, FL Bradenton, FL 34205. 34206. Miami-Dade .... City of Sunny The Honorable George City Hall, 18070 Collins http://www.msc.fema.gov/lomc Jul. 3, 2015 ...... 120688 Isles Beach ‘‘Bud’’ Scholl, Mayor, Avenue, Sunny Isles (15–04–0303P). City of Sunny Isles Beach, FL 33160. Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Monroe ...... Unincorporated The Honorable Danny Monroe County Depart- http://www.msc.fema.gov/lomc Jul. 10, 2015 ...... 125129 areas of Mon- Kolhage, Mayor, Mon- ment of Planning and roe County roe County, 1100 Environmental Re- (15–04–1298P). Simonton Street, Key sources, 2798 Over- West, FL 33040. seas Highway, Mara- thon, FL 33050. Monroe ...... Unincorporated The Honorable Danny Monroe County Depart- http://www.msc.fema.gov/lomc Jul. 14, 2015 ...... 125129 areas of Mon- Kolhage, Mayor, Mon- ment of Planning and roe County roe County, 1100 Environmental Re- (15–04–1517P). Simonton Street, Key sources, 2798 Over- West, FL 33040. seas Highway, Mara- thon, FL 33050. St. Johns ...... Unincorporated The Honorable Rachael L. St. Johns County Admin- http://www.msc.fema.gov/lomc Jul. 15, 2015 ...... 125147 areas of St. Bennett, Chair, St. istration, 4040 Lewis Johns County Johns County Board of Speedway, St. Augus- (14–04– Commissioners, 500 tine, FL, 32084. A710P). San Sebastian View, St. Augustine, FL 32084. Seminole ...... Unincorporated The Honorable Bob Seminole County Man- http://www.msc.fema.gov/lomc Jul. 10, 2015 ...... 120289 areas of Semi- Dallari, Chairman, Sem- ager, 1101 East 1st nole County inole County Board of Street, Sanford, FL (14–04– Commissioners, 1101 32771. AB49P). East 1st Street, San- ford, FL 32771. Pinellas ...... City of Dunedin The Honorable Julie Ward Engineering Department, http://www.msc.fema.gov/lomc Jul. 10, 2015 ...... 125103 (14–04– Bojalski, Mayor, City of 542 Main Street, Dun- A013P). Dunedin, 542 Main edin, FL 34697. Street, Dunedin, FL 34697. Pinellas ...... City of Madeira The Honorable Travis Building Department, 300 http://www.msc.fema.gov/lomc Jul. 3, 2015 ...... 125127 Beach (14–04– Palladeno, Mayor, City Municipal Drive, Ma- 8328P). of Madeira Beach, 300 deira Beach, FL 33708. Municipal Drive, Ma- deira Beach, FL 33708.

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Location and Chief executive Community map Online location of letter of Effective date of Community State and county case No. officer of community repository map revision modification No.

Georgia: Cobb ...... Unincorporated The Honorable Tim Lee, Cobb County Water Sys- http://www.msc.fema.gov/lomc Jul. 13, 2015 ...... 130052 areas of Cobb Chairman, Cobb County tem, 680 South Cobb County (14– Board of Commis- Drive, Marietta, GA 04–6997P). sioners, 100 Cherokee 30060. Street, Marietta, GA 30090. Kentucky: Fayette ...... Lexington-Fay- The Honorable Jim Gray, Lexington-Fayette Urban http://www.msc.fema.gov/lomc Jul. 21, 2015 ...... 210067 ette Urban Mayor, Lexington-Fay- County Government County Gov- ette Urban County Gov- Center, 200 East Main ernment (14– ernment, 200 East Main Street, 12th Floor, Lex- 04–2813P). Street, Lexington, KY ington, KY 40507. 40507. Hardin ...... City of Elizabeth- The Honorable Edna City Hall, 200 West Dixie http://www.msc.fema.gov/lomc Jul. 2, 2015 ...... 210095 town (14–04– Berger, Mayor, City of Avenue, Elizabethtown, 6996P). Elizabethtown, P.O. KY 42702. Box 550, Elizabethtown, KY 42702. North Carolina: Guilford ...... City of Greens- The Honorable Nancy Central Library, 219 North http://www.msc.fema.gov/lomc Jul. 7, 2015 ...... 375351 boro (14–04– Vaughan, Mayor, City Church Street, Greens- 7717P). of Greensboro, P.O. boro, NC 27401. Box 3136, Greensboro, NC 27402. Guilford ...... Unincorporated The Honorable Hank Independent Center, 400 http://www.msc.fema.gov/lomc Jul. 7, 2015 ...... 370111 areas of Guil- Henning, Chairman, West Market Street, ford County Guilford County Board Greensboro, NC 27402. (14–04–7717P). of Commissioners, P.O. Box 3427, Greensboro, NC 27402. Haywood ...... Unincorporated The Honorable Mark S. Haywood County Plan- http://www.msc.fema.gov/lomc Jul. 16, 2015 ...... 370120 Areas of Hay- Swanger, Chairman, ning Division, 157 Par- wood County Haywood County Board agon Parkway, Suite (14–04–8009P). of Commissioners, 215 200, Clyde, NC 28721. North Main Street, Waynesville, NC 28786. Nevada: Clark ...... City of North Las The Honorable John J. Public Works Department, http://www.msc.fema.gov/lomc Jul. 27, 2015 ...... 320007 Vegas (15–09– Lee, Mayor, City of 2200 Civic Center 0456P). North Las Vegas, 2250 Drive, North Las Vegas, Las Vegas Boulevard NV 89030. North, North Las Vegas, NV 89030.

[FR Doc. 2015–13860 Filed 6–5–15; 8:45 am] Peninsula Borough, Alaska, and 500 C Street SW., Washington, DC BILLING CODE 9110–12–P Incorporated Areas. 20472, (202) 646–4064 or (email) DATES: Comments are to be submitted [email protected]; or visit on or before September 8, 2015. the FEMA Map Information eXchange DEPARTMENT OF HOMELAND (FMIX) online at ADDRESSES: The Preliminary Flood SECURITY www.floodmaps.fema.gov/fhm/fmx_ Insurance Rate Map (FIRM), and where main.html. Federal Emergency Management applicable, the Flood Insurance Study Agency (FIS) report for each community are SUPPLEMENTARY INFORMATION: FEMA available for inspection at both the proposes to make flood hazard [Docket No. FEMA–2015–0001; Internal online location and the respective determinations for each community Agency Docket No. FEMA–B–1436] Community Map Repository address listed in the table below, in accordance listed in the table below. Additionally, with Section 110 of the Flood Disaster Proposed Flood Hazard the current effective FIRM and FIS Protection Act of 1973, 42 U.S.C. 4104, Determinations report for each community are and 44 CFR 67.4(a). accessible online through the FEMA These proposed flood hazard AGENCY: Federal Emergency Map Service Center at determinations, together with the Management Agency; DHS. www.msc.fema.gov for comparison. floodplain management criteria required ACTION: Notice; correction. You may submit comments, identified by 44 CFR 60.3, are the minimum that by Docket No. FEMA–B–1436, to Luis are required. They should not be SUMMARY: On November 3, 2014, FEMA Rodriguez, Chief, Engineering construed to mean that the community published in the Federal Register a Management Branch, Federal Insurance must change any existing ordinances proposed flood hazard determination and Mitigation Administration, FEMA, that are more stringent in their notice that contained an erroneous 500 C Street SW., Washington, DC floodplain management requirements. table. This notice provides corrections 20472, (202) 646–4064, or (email) The community may at any time enact to that table, to be used in lieu of the [email protected]. stricter requirements of its own, or information published at 79 FR 65231. FOR FURTHER INFORMATION CONTACT: Luis pursuant to policies established by other The table provided here represents the Rodriguez, Chief, Engineering Federal, State, or regional entities. proposed flood hazard determinations Management Branch, Federal Insurance These flood hazard determinations are and communities affected for Kenai and Mitigation Administration, FEMA, used to meet the floodplain

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management requirements of the NFIP The communities affected by the the City of Kenai, City of Seward and and are also used to calculate the flood hazard determinations are Kenai Peninsula Borough featured in the appropriate flood insurance premium provided in the table below. Any table. rates for new buildings built after the request for reconsideration of the In this document, FEMA is publishing FIRM and FIS report become effective. revised flood hazard determinations a table containing the accurate Use of a Scientific Resolution Panel shown on the Preliminary FIRM and FIS information for the City of Kenai, City (SRP) is available to communities in report that satisfies the data of Seward and Kenai Peninsula support of the appeal resolution requirements outlined in 44 CFR 67.6(b) Borough. The information for the City of process. SRPs are independent panels of is considered an appeal. Comments Homer published correctly and is not experts in hydrology, hydraulics, and unrelated to the flood hazard included in the table below. The other pertinent sciences established to determinations will also be considered information provided below should be review conflicting scientific and before the FIRM and FIS report are used in lieu of that previously technical data and provide made final. published for the City of Kenai, City of recommendations for resolution. Use of Seward and Kenai Peninsula Borough. the SRP may only be exercised after Correction FEMA and local communities have been In the proposed flood hazard (Catalog of Federal Domestic Assistance No. engaged in a collaborative consultation determination notice published at 79 FR 97.022, ‘‘Flood Insurance.’’) process for at least 60 days without a 65231 in the November 3, 2014, issue of Dated: May 21, 2015. mutually acceptable resolution of an the Federal Register, FEMA published a Roy E. Wright, appeal. Additional information table titled Kenai Peninsula Borough, Deputy Associate Administrator for regarding the SRP process can be found Alaska, and Incorporated Areas. This Mitigation, Department of Homeland online at http://floodsrp.org/pdfs/srp_ table contained inaccurate information Security, Federal Emergency Management fact_sheet.pdf. as the community map repository for Agency.

Community Community map repository address

Kenai Peninsula Borough, Alaska, and Incorporated Areas

Maps available for inspection online at: http://www.fema.gov/preliminaryfloodhazarddata

City of Kenai ...... Donald E. Gilman River Center, 514 Funny River Road, Soldotna, AK 99669. City of Seward ...... City Hall Annex, 238 Fifth Avenue, Seward, AK 99664. Kenai Peninsula Borough ...... Donald E. Gilman River Center, 514 Funny River Road, Soldotna, AK 99669.

[FR Doc. 2015–13965 Filed 6–5–15; 8:45 am] new scientific or technical data. The determination information may be BILLING CODE 9110–12–P FIRM, and where applicable, portions of changed during the 90-day period. the FIS report, have been revised to ADDRESSES: The affected communities reflect these flood hazard are listed in the table below. Revised DEPARTMENT OF HOMELAND determinations through issuance of a flood hazard information for each SECURITY Letter of Map Revision (LOMR), in community is available for inspection at accordance with Title 44, Part 65 of the both the online location and the Federal Emergency Management Code of Federal Regulations (44 CFR respective community map repository Agency part 65). The LOMR will be used by address listed in the table below. [Docket ID FEMA–2015–0001; Internal insurance agents and others to calculate Additionally, the current effective FIRM Agency Docket No. FEMA–B–1518] appropriate flood insurance premium and FIS report for each community are rates for new buildings and the contents accessible online through the FEMA Changes in Flood Hazard of those buildings. For rating purposes, Map Service Center at Determinations the currently effective community www.msc.fema.gov for comparison. Submit comments and/or appeals to AGENCY: Federal Emergency number is shown in the table below and the Chief Executive Officer of the Management Agency, DHS. must be used for all new policies and renewals. community as listed in the table below. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Luis DATES: These flood hazard SUMMARY: This notice lists communities Rodriguez, Chief, Engineering where the addition or modification of determinations will become effective on Management Branch, Federal Insurance Base Flood Elevations (BFEs), base flood the dates listed in the table below and and Mitigation Administration, FEMA, depths, Special Flood Hazard Area revise the FIRM panels and FIS report 500 C Street SW., Washington, DC (SFHA) boundaries or zone in effect prior to this determination for 20472, (202) 646–4064, or (email) designations, or the regulatory floodway the listed communities. [email protected]; or visit (hereinafter referred to as flood hazard From the date of the second the FEMA Map Information eXchange determinations), as shown on the Flood publication of notification of these (FMIX) online at _ Insurance Rate Maps (FIRMs), and changes in a newspaper of local www.floodmaps.fema.gov/fhm/fmx where applicable, in the supporting circulation, any person has 90 days in main.html. Flood Insurance Study (FIS) reports, which to request through the SUPPLEMENTARY INFORMATION: The prepared by the Federal Emergency community that the Deputy Associate specific flood hazard determinations are Management Agency (FEMA) for each Administrator for Mitigation reconsider not described for each community in community, is appropriate because of the changes. The flood hazard this notice. However, the online

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location and local community map qualified for participation in the determination information for each repository address where the flood National Flood Insurance Program community is available for inspection at hazard determination information is (NFIP). both the online location and the available for inspection is provided. These flood hazard determinations, respective community map repository Any request for reconsideration of together with the floodplain address listed in the table below. flood hazard determinations must be management criteria required by 44 CFR Additionally, the current effective FIRM submitted to the Chief Executive Officer 60.3, are the minimum that are required. and FIS report for each community are of the community as listed in the table They should not be construed to mean accessible online through the FEMA that the community must change any below. Map Service Center at The modifications are made pursuant existing ordinances that are more www.msc.fema.gov for comparison. to section 201 of the Flood Disaster stringent in their floodplain Protection Act of 1973, 42 U.S.C. 4105, management requirements. The (Catalog of Federal Domestic Assistance No. and are in accordance with the National community may at any time enact 97.022, ‘‘Flood Insurance.’’) Flood Insurance Act of 1968, 42 U.S.C. stricter requirements of its own or Dated: May 21, 2015. 4001 et seq., and with 44 CFR part 65. pursuant to policies established by other Roy E. Wright, The FIRM and FIS report are the basis Federal, State, or regional entities. The of the floodplain management measures flood hazard determinations are in Deputy Associate Administrator for that the community is required either to accordance with 44 CFR 65.4. Mitigation, Department of Homeland adopt or to show evidence of having in The affected communities are listed in Security, Federal Emergency Management effect in order to qualify or remain the following table. Flood hazard Agency.

Location and Chief executive officer Community map Online location of Effective date of Community State and county case No. of community repository letter of map revision modification No.

Illinois: Adams ...... City of Quincy The Honorable Kyle Quincy City Hall, 730 http://www.msc.fema.gov/lomc Sept. 8, 2015 ..... 170003 (15–05–3495P). Moore, Mayor, City of Maine Street, Quincy, Quincy, 730 Maine IL 62301. Street, Quincy, IL 62301. Adams ...... Unincorporated The Honorable Les Post, Adams County Highway http://www.msc.fema.gov/lomc Sept. 8, 2015 ..... 170001 areas of Adams County Chair- Department, 101 North Adams County man, 101 North 54th 54th Street, Quincy, IL (15–05–3495P). Street, Quincy, IL 62305. 62305. Michigan: Grand Tra- City of Traverse The Honorable Michael 400 Boardman Avenue, http://www.msc.fema.gov/lomc Sept. 10, 2015 ... 260082 verse. City (15–05– Estes, Mayor, City of Traverse City, MI 49684. 0036P). Traverse City, 400 Boardman Avenue, Tra- verse City, MI 49684. Oakland ...... City of Novi (15– The Honorable Bob Gatt, 45175 West Ten Mile http://www.msc.fema.gov/lomc Aug. 31, 2015 .... 260175 05–3406P). Mayor, City of Novi, Road, Novi, MI 48375. Civic Center, 45175 West Ten Mile Road, Novi, MI 48375. Missouri: Greene ...... City of Spring- The Honorable Bob Ste- Springfield City Hall, 840 http://www.msc.fema.gov/lomc Sept. 9, 2015 ..... 290149 field (14–07– phens, Mayor, City of Boonville Avenue, 2873P). Springfield, 840 Springfield, MO 65802. Boonville Avenue, Springfield, MO 65802. Greene ...... Unincorporated The Honorable Bob Cirtin, Greene County Court- http://www.msc.fema.gov/lomc Sept. 9, 2015 ..... 290782 areas of Presiding Commis- house, 840 Boonville Greene County sioner, Greene County, Avenue, Springfield, (14–07–2873P). 933 N. Robberson Ave- MO 65802. nue, Springfield, MO 65802. Jefferson ...... City of The Honorable Bill Hag- 1 Parkwood Ct., http://www.msc.fema.gov/lomc Sept. 14, 2015 ... 290192 Herculaneum gard, Mayor, City of Herculaneum, MO (14–07–1995P). Herculaneum, City Hall, 63048. 1 Parkwood Court, Herculaneum, MO 63048. Nebraska: Merrick ...... Village of Clarks Mr. James Kava, Board 209 North Green Street, http://www.msc.fema.gov/lomc Sept. 11, 2015 ... 310149 (15–07–0548P). Chairman, Village of Clarks, NE 68628. Clarks, 209 North Green Street, Clarks, NE 68628. Merrick ...... Unincorporated Mr. Roger Wiegert, Chair- 1510 18th Street, #1, http://www.msc.fema.gov/lomc Sept. 11, 2015 ... 310457 areas of man, Board of Super- Central City, NE 68826. Merrick County visors, Merrick County (15–07–0548P). Courthouse, 1510 18th Street, #1, Central City, NE 68826. New Hampshire:

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Location and Chief executive officer Community map Online location of Effective date of Community State and county case No. of community repository letter of map revision modification No.

Merrimack ...... Town of Hooksett The Honorable James 16 Main Street, Hooksett, http://www.msc.fema.gov/lomc Sept. 15, 2015 ... 330115 (14–01–3205P). Sullivan, Town of NH 03106. Hooksett Councilor at Large, 35 Main Street, Hooksett, NH 03106.

[FR Doc. 2015–13857 Filed 6–5–15; 8:45 am] and FIS report are used by insurance flood hazard information for each BILLING CODE 9110–12–P agents and others to calculate community listed. Notification of these appropriate flood insurance premium changes has been published in rates for buildings and the contents of newspapers of local circulation and 90 DEPARTMENT OF HOMELAND those buildings. days have elapsed since that SECURITY DATES: The effective date of July 16, publication. The Deputy Associate 2015, which has been established for the Administrator for Mitigation has Federal Emergency Management FIRM and, where applicable, the resolved any appeals resulting from this Agency supporting FIS report showing the new notification. [Docket ID FEMA–2015–0001] or modified flood hazard information This final notice is issued in for each community. accordance with section 110 of the Final Flood Hazard Determinations ADDRESSES: The FIRM, and if Flood Disaster Protection Act of 1973, applicable, the FIS report containing the 42 U.S.C. 4104, and 44 CFR part 67. AGENCY: Federal Emergency final flood hazard information for each FEMA has developed criteria for Management Agency, DHS. community is available for inspection at floodplain management in floodprone ACTION: Final Notice. the respective Community Map areas in accordance with 44 CFR part Repository address listed in the tables 60. SUMMARY: Flood hazard determinations, below and will be available online Interested lessees and owners of real which may include additions or property are encouraged to review the modifications of Base Flood Elevations through the FEMA Map Service Center at www.msc.fema.gov by the effective new or revised FIRM and FIS report (BFEs), base flood depths, Special Flood available at the address cited below for Hazard Area (SFHA) boundaries or zone date indicated above. FOR FURTHER INFORMATION CONTACT: Luis each community or online through the designations, or regulatory floodways on FEMA Map Service Center at the Flood Insurance Rate Maps (FIRMs) Rodriguez, Chief, Engineering Management Branch, Federal Insurance www.msc.fema.gov. The flood hazard and where applicable, in the supporting determinations are made final in the Flood Insurance Study (FIS) reports and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC watersheds and/or communities listed have been made final for the in the table below. communities listed in the table below. 20472, (202) 646–4064, or (email) The FIRM and FIS report are the basis [email protected]; or visit (Catalog of Federal Domestic Assistance No. of the floodplain management measures the FEMA Map Information eXchange 97.022, ‘‘Flood Insurance.’’) that a community is required either to (FMIX) online at Dated: May 2, 2015. _ adopt or to show evidence of having in www.floodmaps.fema.gov/fhm/fmx Roy E. Wright, main.html. effect in order to qualify or remain Deputy Associate Administrator for qualified for participation in the Federal SUPPLEMENTARY INFORMATION: The Mitigation, Department of Homeland Emergency Management Agency’s Federal Emergency Management Agency Security, Federal Emergency Management (FEMA’s) National Flood Insurance (FEMA) makes the final determinations Agency. Program (NFIP). In addition, the FIRM listed below for the new or modified I. Watershed-based studies:

Community Community map repository address

Narragansett HUC8 Watershed

Bristol County, Massachusetts (All Jurisdictions) Docket No.: FEMA–B–1415

City of Attleboro ...... City Hall, 77 Park Street, Attleboro, MA 02703. City of Taunton ...... City Hall, 15 Summer Street, Taunton, MA 02780. Town of Acushnet ...... Town Hall, 122 Main Street, Acushnet, MA 02743. Town of Berkley ...... Town Hall, One North Main Street, Berkley, MA 02779. Town of Dighton ...... Town Hall, 979 Somerset Avenue, Dighton, MA 02715. Town of Freetown ...... Town Hall, Three North Main Street, Assonet, MA 02702. Town of Mansfield ...... Town Hall, Six Park Row, Mansfield, MA 02048. Town of North Attleborough ...... Town Hall, 43 South Washington Street, North Attleborough, MA 02760. Town of Norton ...... Town Hall, 70 East Main Street, Norton, MA 02766. Town of Raynham ...... Town Hall, 558 South Main Street, Raynham, MA 02767. Town of Seekonk ...... Town Hall, 100 Peck Street, Seekonk, MA 02771.

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Community Community map repository address

Norfolk County, Massachusetts (All Jurisdictions) Docket No.: FEMA–B–1415

Town of Foxborough ...... Town Hall, 40 South Street, Foxborough, MA 02035. Town of Plainville ...... Town Hall, 142 South Street, Plainville, MA 02762.

Plymouth County, Massachusetts (All Jurisdictions) Docket No.: FEMA–B–1415

Town of Bridgewater ...... Memorial Building, 151 High Street, Bridgewater, MA 02324. Town of East Bridgewater ...... Town Hall, 175 Central Street, East Bridgewater, MA 02333. Town of Halifax ...... Town Hall, 499 Plymouth Street, Halifax, MA 02338. Town of Lakeville ...... Town Hall, 364 Bedford Street, Lakeville, MA 02347. Town of Middleborough ...... Town Hall Annex, 20 Centre Street, Middleborough, MA 02346. Town of Rochester ...... Town Hall Annex, 37 Marion Way, Rochester, MA 02770.

II. Non-watershed-based studies:

Community Community map repository address

San Mateo County, California, and Incorporated Areas Docket No.: FEMA–B–1413

City of Belmont ...... City Hall, One Twin Pines Lane, Belmont, CA 94002. City of Foster City ...... City Hall, 610 Foster City Boulevard, Foster City, CA 94404. City of Redwood City ...... City Hall, 1017 Middlefield Road, Redwood City, CA 94063. City of San Mateo ...... City Hall, 330 West 20th Avenue, San Mateo, CA 94403.

Okeechobee County, Florida, and Incorporated Areas Docket No.: FEMA–B–1351

City of Okeechobee ...... City Hall, Clerk’s Office, 55 Southeast 3rd Avenue, Room 100, Okee- chobee, FL 34974. Unincorporated Areas of Okeechobee County ...... Okeechobee County Department of Community Development, 1700 Northwest 9th Avenue, Suite A, Okeechobee, FL 34972.

Leavenworth County, Kansas, and Incorporated Areas Docket No.: FEMA–B–1410

City of Bashor ...... City Hall, 2620 North 155th Street, Basehor, KS 66007. City of Easton ...... City Hall, 300 West Riley Street, Easton, KS 66020. City of Lansing ...... City Hall Annex, 730 First Terrace, Suite 3, Lansing, KS 66043. City of Leavenworth ...... City Hall, 100 North 5th Street, Leavenworth, KS 66048. City of Linwood ...... City Hall, 306 Main Street, Linwood, KS 66052. City of Tonganoxie ...... City Hall, 321 South Delaware Street, Tonganoxie, KS 66086. Unincorporated Areas of Leavenworth County ...... County Courthouse, 300 Walnut Street, Leavenworth, KS 66048.

Lincoln County, Maine (All Jurisdictions) Docket No.: FEMA–B–1415

Bar Island ...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333. Haddock Island ...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333. Hungry Island ...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333. Indian Island ...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333. Jones Garden Island ...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333. Killick Stone Island ...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333. Louds Island ...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333.

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Community Community map repository address

Marsh Island ...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333. Monhegan Plantation...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333. Polins Ledges Island ...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333. Ross Island ...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333. Thief Island ...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333. Thrumcap Island ...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333. Town of Alna ...... Town Hall, 1568 Alna Road, Alna, ME 04535. Town of Boothbay ...... Town Hall, 1011 Wiscasset Road, Boothbay, ME 04537. Town of Boothbay Harbor ...... Town Hall, 11 Howard Street, Boothbay Harbor, ME 04538. Town of Bremen ...... Town Hall, 208 Waldoboro Road, Bremen, ME 04551. Town of Bristol ...... Town Hall, 1268 Bristol Road, (State Route 130), Bristol, ME 04539. Town of Damariscotta ...... Town Hall, 21 School Street, Damariscotta, ME 04543. Town of Dresden ...... Town Hall, 534 Gardner Road, Dresden, ME 04342. Town of Edgecomb ...... Town Hall, 16 Town Hall Road, Edgecomb, ME 04556. Town of Jefferson ...... Town Hall, 58 Washington Road, Jefferson, ME 04348. Town of Newcastle ...... Town Hall, Four Pump Street, Newcastle, ME 04553. Town of Nobleboro ...... Town Hall, 192 US Highway One, Nobleboro, ME 04555. Town of Somerville ...... Town Hall, 72 Sand Hill Road, Somerville, ME 04348. Town of South Bristol ...... South Bristol Town Hall, 470 Clarks Cove Road, Walepole, ME 04573. Town of Southport ...... Town Hall, 361 Hendricks Hill Road, Southport, ME 04576. Town of Waldoboro ...... Town Hall, 1600 Atlantic Highway, Walsoboro, ME 04572. Town of Westport Island ...... Town Hall, Six Fowles Point Road, Westport Island, ME 04578. Town of Whitefield ...... Town Hall, 36 Town House Road, Whitefield, ME 04353. Town of Wiscasset ...... Town Hall, 51 Bath Road, Wiscasset, ME 04578. Township of Hibberts Gore ...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333. Webber Dry Ledge Island ...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333. Western Egg Rock Island...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333. Wreck Island ...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333. Wreck Island Ledge...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333.

Sagadahoc County, Maine (All Jurisdictions) Docket No.: FEMA–B–1415

City of Bath ...... City Hall, 55 Front Street, Bath, ME 04530. Town of Arrowsic ...... Town Hall, 340 Arrowsic Road, Arrowsic, ME 04530. Town of Bowdoin ...... Town Hall, 23 Cornish Drive, Bowdoin, ME 04287. Town of Bowdoinham ...... Town Hall, 13 School Street, Bowdoinham, ME 04008. Town of Georgetown ...... Town Hall, 50 Bay Point Road, Georgetown, ME 04548. Town of Phippsburg ...... Town Hall, 1042 Main Road, Phippsburg, ME 04562. Town of Richmond ...... Town Hall, 26 Gardner Street, Richmond, ME 04357. Town of Topsham ...... Town Hall, 100 Main Street, Topsham, ME 04086. Town of West Bath ...... Town Hall, 219 Fosters Point Road, West Bath, ME 04530. Town of Woolwich ...... Town Hall, 13 Nequasset Road, Woolwich, ME 04579. Township of Perkins ...... Land Use Planning Commission, Maine Department of Agriculture, Conservation and Forestry, 18 Elkins Lane/Harlow Building, 4th Floor, State House Station 22, Augusta, ME 04333.

[FR Doc. 2015–13964 Filed 6–5–15; 8:45 am] BILLING CODE 9110–12–P

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DEPARTMENT OF HOMELAND check Case Status Online, available at (3) Agency form number, if any, and SECURITY the USCIS Web site at http:// the applicable component of the DHS www.uscis.gov, or call the USCIS sponsoring the collection: No Agency U.S. Citizenship and Immigration National Customer Service Center at Form Number; USCIS. Services 800–375–5283 (TTY 800–767–1833). (4) Affected public who will be asked [OMB Control Number 1615–0092] SUPPLEMENTARY INFORMATION: or required to respond, as well as a brief abstract: Primary: Business or other for Comments Agency Information Collection profit. E-Verify allows employers to Activities: E-Verify Program; Revision You may access the information electronically verify the employment of a Currently Approved Collection collection instrument with instructions, eligibility status of newly hired or additional information by visiting the employees. AGENCY: U.S. Citizenship and Federal eRulemaking Portal site at: (5) An estimate of the total number of Immigration Services (USCIS), http://www.regulations.gov and enter respondents and the amount of time Department of Homeland Security USCIS–2007–0023 in the search box. estimated for an average respondent to (DHS). Regardless of the method used for respond: ACTION: 60-Day Notice. submitting comments or material, all • 65,000 respondents averaging 2.26 submissions will be posted, without hours (2 hours 16 minutes) per response SUMMARY: DHS, USCIS invites the change, to the Federal eRulemaking (enrollment time includes review and general public and other Federal Portal at http://www.regulations.gov, signing of the MOU, registration, new agencies to comment upon this and will include any personal user training, and review of the user proposed revision of a currently information you provide. Therefore, guides); plus approved collection of information. In submitting this information makes it • 425,000, the number of already- accordance with the Paperwork public. You may wish to consider enrolled respondents receiving training Reduction Act (PRA) of 1995, the limiting the amount of personal on new features and system updates information collection notice is information that you provide in any averaging 1 hour per response; plus published in the Federal Register to voluntary submission you make to DHS. • 425,000, the number of respondents obtain comments regarding the nature of DHS may withhold information submitting E-Verify cases averaging .129 the information collection, the provided in comments from public hours (approximately 8 minutes) per categories of respondents, the estimated viewing that it determines may impact case; plus burden (i.e., the time, effort, and the privacy of an individual or is • 232,900, the number of respondents resources used by the respondents to offensive. For additional information, submitting reverification cases respond), the estimated cost to the please read the Privacy Act notice that averaging .06 hours (approximately 4 respondent, and the actual information is available via the link in the footer of minutes) per case. collection instruments. http://www.regulations.gov. (6) An estimate of the total public DATES: Comments are encouraged and Written comments and suggestions burden (in hours) associated with the will be accepted for 60 days until from the public and affected agencies collection: The total estimated annual August 7, 2015. should address one or more of the hour burden associated with this ADDRESSES: All submissions received following four points: collection is 3,563,900 hours. must include the OMB Control Number (1) Evaluate whether the proposed (7) An estimate of the total public 1615–0092 in the subject box, the collection of information is necessary burden (in cost) associated with the agency name and Docket ID USCIS– for the proper performance of the collection: There is no estimated annual 2007–0023. To avoid duplicate functions of the agency, including cost burden associated with this submissions, please use only one of the whether the information will have collection of information. practical utility; following methods to submit comments: Laura Dawkins, (1) Online. Submit comments via the (2) Evaluate the accuracy of the agency’s estimate of the burden of the Chief, Regulatory Coordination Division, Federal eRulemaking Portal Web site at Office of Policy and Strategy, U.S. Citizenship www.regulations.gov under e-Docket ID proposed collection of information, including the validity of the and Immigration Services, Department of number USCIS–2007–0023; Homeland Security. (2) Email. Submit comments to methodology and assumptions used; (3) Enhance the quality, utility, and [FR Doc. 2015–13935 Filed 6–5–15; 8:45 am] [email protected]; BILLING CODE 9111–97–P (3) Mail. Submit written comments to clarity of the information to be DHS, USCIS, Office of Policy and collected; and (4) Minimize the burden of the Strategy, Chief, Regulatory Coordination collection of information on those who DEPARTMENT OF HOUSING AND Division, 20 Massachusetts Avenue are to respond, including through the URBAN DEVELOPMENT NW., Washington, DC 20529–2140. use of appropriate automated, [Docket No. FR–5831–N–27] FOR FURTHER INFORMATION CONTACT: electronic, mechanical, or other USCIS, Office of Policy and Strategy, technological collection techniques or 30-Day Notice of Proposed Information Regulatory Coordination Division, Laura other forms of information technology, Collection: Multifamily Financial Dawkins, Chief, 20 Massachusetts e.g., permitting electronic submission of Management Template Avenue NW., Washington, DC 20529– responses. 2140, telephone number 202–272–8377 AGENCY: Office of the Chief Information (comments are not accepted via Overview of This Information Officer, HUD. Collection telephone message). Please note contact ACTION: Notice. information provided here is solely for (1) Type of Information Collection: questions regarding this notice. It is not Revision of a Currently Approved SUMMARY: HUD has submitted the for individual case status inquiries. Collection. proposed information collection Applicants seeking information about (2) Title of the Form/Collection: requirement described below to the the status of their individual cases can E-Verify Program. Office of Management and Budget

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(OMB) for review, in accordance with B. Solicitation of Public Comment effects of the cultivation and use of the Paperwork Reduction Act. The This notice is soliciting comments genetically modified crops (GMCs) on purpose of this notice is to allow for an from members of the public and affected certain refuges in the Southeast Region additional 30 days of public comment. parties concerning the collection of to meet wildlife management objectives. DATES: Comments Due Date: July 8, information described in Section A on As part of the settlement agreement, we 2015. the following: also agreed to discontinue cultivating (1) Whether the proposed collection and using the GMCs in the Southeast ADDRESSES: Interested persons are Region after the 2012 crop year and to invited to submit comments regarding of information is necessary for the proper performance of the functions of refrain from such activities until 90 days this proposal. Comments should refer to after completion of an appropriate the proposal by name and/or OMB the agency, including whether the information will have practical utility; NEPA analysis of such activities. On Control Number and should be sent to: July 17, 2014, the Chief of the Service’s HUD Desk Officer, Office of (2) The accuracy of the agency’s estimate of the burden of the proposed National Wildlife Refuge System issued Management and Budget, New a memorandum announcing that the use Executive Office Building, Washington, collection of information; (3) Ways to enhance the quality, of GMCs to meet wildlife management DC 20503; fax: 202–395–5806. Email: utility, and clarity of the information to objectives within the National Wildlife [email protected]. be collected; and Refuge System (System) would be FOR FURTHER INFORMATION CONTACT: (4) Ways to minimize the burden of phased out and discontinued by January Colette Pollard, Reports Management the collection of information on those 2016. Accordingly, we have concluded Officer, QDAM, Department of Housing who are to respond; including through that our NEPA process is no longer and Urban Development, 451 7th Street the use of appropriate automated necessary and, therefore, are notifying SW., Washington, DC 20410; email at collection techniques or other forms of the public that we are discontinuing Colette [email protected] or telephone information technology, e.g., permitting preparation of the PEA. 202–402–3400. Persons with hearing or electronic submission of responses. FOR FURTHER INFORMATION CONTACT: Tom speech impairments may access this HUD encourages interested parties to MacKenzie, by email at tom_ number through TTY by calling the toll- submit comment in response to these [email protected]. free Federal Relay Service at (800) 877– questions. SUPPLEMENTARY INFORMATION: 8339. This is not a toll-free number. Authority: Section 3507 of the Paperwork Copies of available documents Reduction Act of 1995, 44 U.S.C. Chapter 35. Introduction submitted to OMB may be obtained On April 30, 2013, we published a from Ms. Pollard. Dated: May 29, 2015. Colette Pollard, notice in the Federal Register (78 FR SUPPLEMENTARY INFORMATION: This 25297) announcing and inviting notice informs the public that HUD has Department Reports Management Officer, Office of the Chief Information Officer. comments on our intention to prepare a submitted to OMB a request for PEA on the effects of the cultivation and approval of the information collection [FR Doc. 2015–13912 Filed 6–5–15; 8:45 am] use of GMCs on certain refuges in the described in Section A. BILLING CODE 4210–67–P Southeast Region. The Southeast Region The Federal Register notice that is comprised of Alabama, Arkansas, solicited public comment on the Florida, Tennessee, Georgia, Kentucky, information collection for a period of 60 DEPARTMENT OF THE INTERIOR Louisiana, Mississippi, North Carolina, days was published on March 13, 2015 South Carolina, and the Caribbean. Fish and Wildlife Service at 80 FR 13413. GMCs were primarily used on certain [FWS–R4–R–2014–N021; A. Overview of Information Collection refuges in Alabama, Arkansas, FXRS12610400000S3–145–FF04R02000] Tennessee, Kentucky, Louisiana, Title of Information Collection: Mississippi, and North Carolina, to meet Multifamily Financial Management National Wildlife Refuge System; Draft Service goals and objectives to provide Template. Programmatic Environmental migratory birds, especially waterfowl, OMB Approval Number: 2502–0551. Assessment for the Use of Genetically with dependable high-energy food Type of Request: Extension of a Modified Crops in National Wildlife during the winter months. currently approved collection. Refuge Farming Programs in Region 4 In 2011, three national nonprofit Form Numbers: None. (Southeast Region) of the United organizations, the Center for Food Description of the need for the States Fish and Wildlife Service; Safety, Beyond Pesticides, and Public information and proposed use: Owners Discontinuation of Preparation of Employees for Environmental of certain HUD-insured and HUD- NEPA Document Responsibility, sued the Secretary of the assisted properties are required to AGENCY: Fish and Wildlife Service, Department of the Interior, the Director submit annual financial statements to Interior. of the Service, and the Service in Center HUD via the Internet in the HUD- ACTION: Notice of discontinuation of for Food Safety, et al. v. Salazar, et al., prescribed format and chart of accounts, preparation of NEPA Document. Civil Action No. 11–1457 (DC 2011), on and in accordance with the generally the Service’s decision to allow GMCs to accepted accounting principles (GAAP). SUMMARY: Pursuant to the National be cultivated on some 44,000 acres of Respondents: Owners of certain HUD- Environmental Policy Act (NEPA) and refuge land in the Southeast Region. On insured and HUD-assisted properties. in accordance with the negotiated November 5, 2012, the Court entered an Estimated Number of Respondents: settlement of a lawsuit, we, the U.S. Order adopting the negotiated 20,527. Fish and Wildlife Service (Service), settlement agreement of the Parties, Estimated Number of Responses: published a notice in the Federal which included a prohibition on the use 20,527. Register on April 30, 2013, announcing of GMCs in the Southeast Region unless Frequency of Response: Annually. and inviting comments on our intention and until ninety (90) days after Average Hours per Response: 14. to develop a draft programmatic completion of appropriate NEPA Total Estimated Burdens: 287,378. environmental assessment (PEA) of the analysis on such use.

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Background appointment to the Committee you do The Committee will meet In our April 30, 2013, Federal not have to resubmit it. approximately 2–4 times annually, and Register notice, we invited public input DATES: Written nominations must be at such times as designated by the DFO. on our intent to prepare a PEA and received by July 8, 2015. The Secretary of the Interior will appoint members to the Committee. requested submissions in the form of ADDRESSES: Send nominations to: Robin Members appointed as special information and suggestions on the O’Malley, Policy and Partnership Government employees are required to issues that should be considered during Coordinator, National Climate Change file on an annual basis a confidential the NEPA planning process and in the and Wildlife Science Center, U.S. financial disclosure report. PEA. We held five scoping meetings in Geological Survey, 12201 Sunrise Valley No individual who is currently Columbia, North Carolina; Decatur, Drive, Mail Stop 516, Reston, VA 20192, registered as a Federal lobbyist is Alabama; Dyersburg, Tennessee; [email protected]. Natchez, Mississippi; and Alexandria, eligible to serve as a member of the FOR FURTHER INFORMATION CONTACT: Committee. Louisiana. We also created a Web site Robin O’Malley, Policy and Partnership on which the public could submit Coordinator, National Climate Change Robin O’Malley, comments and suggestions. and Wildlife Science Center, U.S. Designated Federal Officer, ACCCNRS. After the scoping meetings and Geological Survey, 12201 Sunrise Valley [FR Doc. 2015–13859 Filed 6–5–15; 8:45 am] receipt of comments via the Web site, Drive, Mail Stop 516, Reston, VA 20192, BILLING CODE 4311–MP–P we began drafting the PEA, and were [email protected]. engaged in doing so when the Chief of SUPPLEMENTARY INFORMATION: On March the Service’s National Wildlife Refuge DEPARTMENT OF THE INTERIOR System issued the July 17, 2014, 30, 2015, the U.S. Department of the memorandum announcing the phasing Interior (DOI) published a notice Office of the Secretary out of the use of GMCs to achieve inviting nominations for the Advisory wildlife management objectives Committee on Climate Change and [XXXD5198NI DS61100000 DNINR0000.000000 DX61104] throughout the National Wildlife Refuge Natural Resource Science (Committee). System by January 2016. Upon issuance The Committee provides advice on matters and actions relating to the Meetings; Exxon Valdez Oil Spill Public of the memorandum, we determined Advisory Committee that the need to prepare the PEA no establishment and operations of the U.S. longer existed and abandoned such Geological Survey National Climate AGENCY: Office of the Secretary, Interior. Change and Wildlife Science Center and preparation. ACTION: Meeting notice. the DOI Climate Science Centers. See: Authority https://nccwsc.usgs.gov/acccnrs for SUMMARY: The Department of the This notice is published under the more information. Interior, Office of the Secretary is authority of the National Wildlife The Department has determined that announcing a public meeting of the Refuge System Improvement Act of additional time is required to enable Exxon Valdez Oil Spill Public Advisory 1997 (16 U.S.C. 668dd et seq.). members to be nominated for the Committee. committee. Dated: March 27, 2015. DATES: June 29, 2015, at 1:30 p.m. We are seeking nominations for Michael Oetker, ADDRESSES: Exxon Valdez Oil Spill individuals involved in specific Trustee Council Conference Room, Acting Regional Director. interests, noted below, to be considered Grace Hall, 4230 University Drive, [FR Doc. 2015–13842 Filed 6–5–15; 8:45 am] as Committee members. Nominations Anchorage, AK 99508. BILLING CODE 4310–55–P should include a resume that describes the nominee’s qualifications in enough FOR FURTHER INFORMATION CONTACT: Dr. detail to enable us to make an informed Philip Johnson, Department of the DEPARTMENT OF THE INTERIOR decision regarding meeting the Interior, Office of Environmental Policy and Compliance, 1689 ‘‘C’’ Street, Suite Geological Survey membership requirements of the Committee and to contact a potential 119, Anchorage, Alaska, (907) 271– [GX15EN05ESB0500] member. 5011. Members of the Committee will be SUPPLEMENTARY INFORMATION: The Exxon Reopening of Nomination Period for composed of approximately 25 members Valdez Oil Spill Public Advisory Members of the Advisory Committee from both the Federal Government, and Committee was created by Paragraph on Climate Change and Natural the following interests: (1) State and V.A.4 of the Memorandum of Resource Science local governments, including state Agreement and Consent Decree entered AGENCY: U.S. Geological Survey, membership entities; (2) Non- into by the United States of America Interior. governmental organizations, including and the State of Alaska on August 27, ACTION: Notice. those whose primary mission is 1991, and approved by the United States professional and scientific and those District Court for the District of Alaska SUMMARY: The U.S. Department of the whose primary mission is conservation in settlement of United States of Interior published a notice inviting and related scientific and advocacy America v. State of Alaska, Civil Action nominations for non-Federal members activities; (3) American Indian tribes No. A91–081 CV. of the Advisory Committee on Climate and other Native American entities; (4) The Exxon Valdez Oil Spill Public Change and Natural Resource Science Academia; (5) Individual landowners; Advisory Committee Meeting agenda (Committee). The closing date for and (6) Business interests. will focus on review of the current draft nominations was June 1, 2015. This In addition, the Committee may of the Exxon Valdez Oil Spill Trustee Federal Register Notice reopens the include scientific experts, and will Council’s Fiscal Year 2017–2021 nomination and comment period for 30 include rotating representation from one Invitation for Proposals. An opportunity days. If you have already submitted or more of the institutions that host the for public comments will be provided. information to be considered for DOI Climate Science Centers. The final agenda and materials for the

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meeting will be posted on the Exxon DEPARTMENT OF JUSTICE Institute—Cooperative Research Group Valdez Oil Spill Trustee Council Web on Advanced Engine Fluids (‘‘AEF’’) has site at www.evostc.state.ak.us. All Antitrust Division filed written notifications Exxon Valdez Oil Spill Public Advisory simultaneously with the Attorney Committee meetings are open to the Notice Pursuant to the National General and the Federal Trade public. Cooperative Research and Production Commission disclosing changes in its Act of 1993—Heterogeneous System membership. The notifications were Kathleen Bartholomew, Architecture Foundation filed for the purpose of extending the Acting Director, Office of Environmental Act’s provisions limiting the recovery of Policy and Compliance. Notice is hereby given that, on May 18, 2015, pursuant to section 6(a) of the antitrust plaintiffs to actual damages [FR Doc. 2015–13855 Filed 6–5–15; 8:45 am] National Cooperative Research and under specified circumstances. BILLING CODE 4334–63–P Production Act of 1993, 15 U.S.C. 4301 Specifically, Sasol Technology (PTY) et seq. (‘‘the Act’’), Heterogeneous Ltd., Rosebank, SOUTH AFRICA, has System Architecture Foundation (‘‘HSA withdrawn as a party to this venture. DEPARTMENT OF JUSTICE Foundation’’) has filed written No other changes have been made in notifications simultaneously with the either the membership or planned Antitrust Division Attorney General and the Federal Trade activity of the group research project. Commission disclosing changes in its Membership in this group research Notice Pursuant to the National membership. The notifications were project remains open, and AEF intends Cooperative Research and Production filed for the purpose of extending the to file additional written notifications Act of 1993—Cooperative Research Act’s provisions limiting the recovery of disclosing all changes in membership. Group on Separation Technology antitrust plaintiffs to actual damages On March 20, 2015, AEF filed its Research Program under specified circumstances. original notification pursuant to section Notice is hereby given that, on May Specifically, Oracle, Redwood Shores, 6(a) of the Act. The Department of 15, 2015, pursuant to section 6(a) of the CA, has withdrawn as a party to this Justice published a notice in the Federal National Cooperative Research and venture. Register pursuant to section 6(b) of the No other changes have been made in Production Act of 1993, 15 U.S.C. 4301 Act on April 22, 2015 (80 FR 22551). either the membership or planned et seq. (‘‘the Act’’), Southwest Research activity of the group research project. Patricia A. Brink, Institute—Cooperative Research Group Membership in this group research Director of Civil Enforcement, Antitrust on Separation Technology Research project remains open, and HSA Division. Program (‘‘STAR’’) has filed written Foundation intends to file additional [FR Doc. 2015–13909 Filed 6–5–15; 8:45 am] notifications simultaneously with the written notifications disclosing all BILLING CODE P Attorney General and the Federal Trade changes in membership. Commission disclosing changes in its On August 31, 2012, HSA Foundation membership. The notifications were filed its original notification pursuant to DEPARTMENT OF JUSTICE filed for the purpose of extending the section 6(a) of the Act. The Department Act’s provisions limiting the recovery of of Justice published a notice in the Drug Enforcement Administration antitrust plaintiffs to actual damages Federal Register pursuant to section under specified circumstances. 6(b) of the Act on October 11, 2012 (77 [Docket No. DEA–392] Specifically, Costacurta S.p.A.-VICO, FR 61786). Milano, ITALY; and Saipem SA, The last notification was filed with Manufacturer of Controlled Versailles, FRANCE, have been added as the Department on March 11, 2015. A Substances Application: parties to this venture. notice was published in the Federal MALLINCKRODT, LLC; Correction In addition, Aker Process Systems Register pursuant to section 6(b) of the changed its name to Fjords Processing Act on April 30, 2015 (80 FR 24278). ACTION: Notice of application; AS, Fornebu, NORWAY. correction. No other changes have been made in Patricia A. Brink, either the membership or planned Director of Civil Enforcement, Antitrust SUMMARY: The Drug Enforcement activity of the group research project. Division. Administration (DEA) published a Membership in this group research [FR Doc. 2015–13907 Filed 6–5–15; 8:45 am] document in the Federal Register of project remains open, and STAR intends BILLING CODE P January 28, 2015, concerning a notice of to file additional written notifications application for registration as a bulk disclosing all changes in membership. manufacturer of four basic classes of On August 8, 2014, STAR filed its DEPARTMENT OF JUSTICE controlled substances. The document inadvertently omitted two basic classes original notification pursuant to section Antitrust Division 6(a) of the Act. The Department of of controlled substances. Justice published a notice in the Federal Notice Pursuant to the National Correction Register pursuant to section 6(b) of the Cooperative Research and Production Act on September 8, 2014 (79 FR Act of 1993—Cooperative Research In the Federal Register of January 28, 53215). Group on Advanced Engine Fluids 2015, in FR Doc. 2015–01576 (80 FR 4592), on page 4592, in the second Patricia A. Brink, Notice is hereby given that, on May column, in the table of the second Director of Civil Enforcement, Antitrust 19, 2015, pursuant to section 6(a) of the paragraph of the Supplementary Division. National Cooperative Research and Information caption, add entries for [FR Doc. 2015–13908 Filed 6–5–15; 8:45 am] Production Act of 1993, 15 U.S.C. 4301 ‘‘Oripavine’’ and ‘‘Tapentadol’’ to read BILLING CODE P et seq. (‘‘the Act’’), Southwest Research as follows:

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Controlled substances Schedule The Consent Decree resolves the NATIONAL LABOR RELATIONS United States’ claims set forth in the BOARD complaint against Garden Homes and ***** twelve of its affiliates (‘‘Defendants’’) for Public Availability of National Labor violations of the Clean Water Act, in Relations Board FY 2014 Service Oripavine (9330) ...... II Contract Inventory Tapentadol (9780) ...... II connection with Defendants’ operations at ten construction sites in New Jersey. AGENCY: National Labor Relations Under the Consent Decree, Defendants Dated: June 01, 2015. Board. have agreed to pay a civil penalty of Joseph T. Rannazzisi, ACTION: Notice. $225,000. Defendants will also perform Deputy Assistant Administrator. a land preservation supplemental SUMMARY: In accordance with Section [FR Doc. 2015–13835 Filed 6–5–15; 8:45 am] environmental project valued at 743 of Division C of the Consolidated BILLING CODE 4410–09–P approximately $780,000, and implement Appropriations Act of 2010 (Pub. L. a company-wide storm water 111–117), the National Labor Relations DEPARTMENT OF JUSTICE management program designed to Board is publishing this notice to advise provide increased oversight of the public of the availability of the FY Drug Enforcement Administration operations and ensure greater 2014 Service Contract Inventory. This compliance with the Clean Water Act. inventory provides information on [Docket No. DEA–392] service contract actions over $25,000 The publication of this notice opens that were made in FY 2014. The Manufacturer of Controlled a period for public comment on the information is organized by function to Substances Registration: S & B Consent Decree. Comments should be PHARMA, INC.; Correction show how contracted resources are addressed to the Assistant Attorney distributed throughout the Agency. The General, Environment and Natural ACTION: inventory has been developed in Notice of registration; Resources Division and should refer to correction. accordance with guidance issued by the United States v. Garden Homes et al., Office of Management and Budget’s SUMMARY: The Drug Enforcement D.J. Ref. No. 90–5–1–1–10904. All Office of Federal Procurement Policy Administration (DEA) published a comments must be submitted no later (OFPP), Service Contract Inventories document in the Federal Register of than thirty (30) days after the (December 19, 2011). The National January 26, 2015, concerning a notice of publication date of this notice. Labor Relations Board has posted its registration that inadvertently stated no Comments may be submitted either by inventory and a summary of the comments or objections were submitted email or by mail: inventory on the NLRB’s homepage at in the notice. the following link: http://www.nlrb.gov/ Correction To submit Send them to: reports-guidance/reports/service- comments: contract-inventories. In the Federal Register of January 26, 2015, FR Doc. 2015–01287 (80 FR 3988), By email ...... pubcomment-ees.enrd@ FOR FURTHER INFORMATION CONTACT: page 3988, make the following usdoj.gov. Christopher Henshaw, Director of correction. In the second column, the By mail ...... Assistant Attorney General, Acquisitions, 202–273–4047, first paragraph of the SUPPLEMENTARY U.S. DOJ—ENRD, P.O. [email protected]. Box 7611, Washington, DC INFORMATION caption, remove the last Dated: June 2, 2015. 20044–7611. sentence and add in its place the William B. Cowen, following: Solicitor. During the public comment period, One comment of objection was received on [FR Doc. 2015–13843 Filed 6–5–15; 8:45 am] the Consent Decree may be examined this registration on August 28, 2014. BILLING CODE 7545–01–P However, after a thorough review of this and downloaded at this Justice matter, the Drug Enforcement Administration Department Web site: http:// has concluded that the issues raised in the www.justice.gov/enrd/consent-decrees. NATIONAL SCIENCE FOUNDATION comment and objection do not warrant the We will provide a paper copy of the denial of this application. Consent Decree upon written request Sunshine Act Meetings; National Dated: June 1, 2015. and payment of reproduction costs. Science Board Joseph T. Rannazzisi, Please mail your request and payment Deputy Assistant Administrator. to: Consent Decree Library, U.S. DOJ— The National Science Board’s [FR Doc. 2015–13832 Filed 6–5–15; 8:45 am] ENRD, P.O. Box 7611, Washington, DC Committee on Strategy and Budget BILLING CODE 4410–09–P 20044–7611. (CSB), pursuant to NSF regulations (45 CFR part 614), the National Science Please enclose a check or money order Foundation Act, as amended (42 U.S.C. for $24.25 (25 cents per page 1862n–5), and the Government in the DEPARTMENT OF JUSTICE reproduction cost) payable to the United Sunshine Act (5 U.S.C. 552b), hereby Notice Lodging of Proposed Consent States Treasury. For a paper copy gives notice of the scheduling of a Decree Under the Clean Water Act without the exhibits and signature teleconference for the transaction of pages, the cost is $9.75. National Science Board business, as On May 29, 2015, the Department of follows: Justice lodged a proposed Consent Maureen Katz, Decree with the United States District Assistant Chief, Environmental Enforcement DATE & TIME: Thursday, June 11, 2015 Court for the District of New Jersey in Section, Environment and Natural Resources at 5:00–6:00 p.m. EDT. the lawsuit entitled United States v. Division. SUBJECT MATTER: Discussion of the Garden Homes et al., Civil Action No. [FR Doc. 2015–13806 Filed 6–5–15; 8:45 am] NSF’s FT 2017 budget development. 2:15–cv–03618–CCC–JBC. BILLING CODE 4410–15–P STATUS: Closed.

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This meeting will be held by OWFN–12–H08, U.S. Nuclear submission to the NRC, then you should teleconference. Please refer to the Regulatory Commission, Washington, inform those persons not to include National Science Board Web site for DC 20555–0001. identifying or contact information that additional information and schedule For additional direction on obtaining they do not want to be publicly updates (time, place, subject matter or information and submitting comments, disclosed in their comment submission. status of meeting), which may be found see ‘‘Obtaining Information and Your request should state that the NRC at http://www.nsf.gov/nsb/notices/. Submitting Comments’’ in the does not routinely edit comment Point of contact for this meeting is SUPPLEMENTARY INFORMATION section of submissions to remove such information Jacqueline Meszaros ([email protected]). this document. before making the comment FOR FURTHER INFORMATION CONTACT: submissions available to the public or Ann Bushmiller, Denise McGovern, Office of New entering the comment submissions into Senior Counsel to the National Science Board. Reactors, U.S. Nuclear Regulatory ADAMS. [FR Doc. 2015–14008 Filed 6–4–15; 11:15 am] Commission, Washington, DC 20555– II. Introduction BILLING CODE 7555–01–P 000; telephone: 301–415–0681; email: [email protected]. The NRC is considering issuance of an SUPPLEMENTARY INFORMATION: amendment to Facility Operating NUCLEAR REGULATORY License Nos. NPF–93 and NPF–94, COMMISSION I. Obtaining Information and issued to SCE&G and Santee Cooper for Submitting Comments operation of the Virgil C. Summer [Docket Nos. 052–00027 and 052–00028; Nuclear Station Units 2 and 3, located NRC–2008–0441] A. Obtaining Information in Fairfield County, South Carolina. Please refer to Docket ID NRC–2008– The proposed amendment departs Virgil C. Summer Nuclear Station, 0441 when contacting the NRC about from Tier 2* and associated Tier 2 Units 2 and 3 the availability of information for this information in the VCSNS Units 2 and action. You may obtain publicly- AGENCY: Nuclear Regulatory 3 UFSAR (which includes the plant available information related to this Commission. specific Design Control Document Tier action by any of the following methods: ACTION: License amendment application; 2 information) to revise the application • Federal Rulemaking Web site: Go to opportunity to comment, request a of American Institute for Steel http://www.regulations.gov and search hearing, and petition for leave to Construction (AISC) N690–1994, for Docket ID NRC–2008–0441. intervene. • NRC’s Agencywide Documents Specification for the Design, Fabrication Access and Management System and Erection of Steel Safety Related SUMMARY: The U.S. Nuclear Regulatory Structures for Nuclear Facilities, to Commission (NRC) is considering (ADAMS): You may obtain publicly- available documents online in the allow use of American Welding Society issuance of an amendment to Combined (AWS) D1.1–2000, Structural Welding Licenses (NPF–93 and NPF–94), issued ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ Code-Steel, in lieu of the AWS D1.1– to South Carolina Electric and Gas 1992 edition identified in AISC N690– (SCE&G) and South Carolina Public adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then 1994. Service Authority (Santee Cooper) (the Before any issuance of the proposed licensee), for construction and operation select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, license amendment, the NRC will need of the Virgil C. Summer Nuclear Station to make the findings required by the (VCSNS), Units 2 and 3 located in please contact the NRC’s Public Document Room (PDR) reference staff at Atomic Energy Act of 1954, as amended Fairfield County, South Carolina. (the Act), and NRC’s regulations. The proposed amendment departs 1–800–397–4209, 301–415–4737, or by The NRC has made a proposed from to Tier 2* and associated Tier 2 email to [email protected]. The determination that the license information in the VCSNS Units 2 and application for amendment, dated May amendment request involves no 3 Updated Final Safety Analysis Report 26, 2015, is available in ADAMS under significant hazards consideration. Under (UFSAR) (which includes the plant Accession No. ML15146A455. • the NRC’s regulations in § 50.92 of Title specific Design Control Document Tier NRC’s PDR: You may examine and 10 of the Code of Federal Regulations 2 information) to revise the application purchase copies of public documents at (10 CFR), this means that operation of of welding codes. the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville the facility in accordance with the DATES: Submit comments by July 8, Pike, Rockville, Maryland 20852. proposed amendment would not (1) 2015. Requests for a hearing or petition involve a significant increase in the for leave to intervene must be filed by B. Submitting Comments probability or consequences of an August 7, 2015. Please include Docket ID NRC–2008– accident previously evaluated; or (2) ADDRESSES: You may submit comments 0441 in your comment submission. create the possibility of a new or by any of the following methods: The NRC cautions you not to include different kind of accident from any • Federal Rulemaking Web site: Go to identifying or contact information that accident previously evaluated; or (3) http://www.regulations.gov and search you do not want to be publicly involve a significant reduction in a for Docket ID NRC–2008–0441. Address disclosed in your comment submission. margin of safety. As required by 10 CFR questions about NRC dockets to Carol The NRC posts all comment 50.91(a), the licensee has provided its Gallagher; telephone: 301–415–3463; submissions at http:// analysis of the issue of no significant email: [email protected]. For www.regulations.gov as well as entering hazards consideration, which is technical questions, contact the the comment submissions into ADAMS. presented below: FOR FURTHER individual listed in the The NRC does not routinely edit 1. Does the proposed change involve a INFORMATION CONTACT section of this comment submissions to remove significant increase in the probability or document. identifying or contact information. consequences of an accident previously • Mail comments to: Cindy Bladey, If you are requesting or aggregating evaluated? Office of Administration, Mail Stop: comments from other persons for Response: No.

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The design functions of the nuclear island Therefore, the proposed amendment does the need to take this action will occur structures are to provide support, protection, not create the possibility of a new or different very infrequently. and separation for the seismic Category I kind of accident from any accident mechanical and electrical equipment located previously evaluated. III. Opportunity To Request a Hearing in the nuclear island. The nuclear island 3. Does the proposed change involve a and Petition for Leave To Intervene structures are structurally designed to meet significant reduction in a margin of safety? Within 60 days after the date of seismic Category I requirements as defined in Response: No. publication of this Federal Register Regulatory Guide 1.29. The design functions The AWS D1.1–2000 code is a consensus of the seismic Category II portions of the standard written, revised, and approved by notice, any person whose interest may annex building and turbine building are to industry experts experienced in welding and be affected by this proceeding and who provide integrity for non-seismic items weld design. The proposed change adds desires to participate as a party in the located in the proximity of safety-related AWS D1.1–2000 to the list of applicable proceeding must file a written request items, the failure of which during a safe codes and standards in the UFSAR. The 2000 for hearing or a petition for leave to shutdown earthquake could result in loss of edition includes criteria that consider intervene specifying the contentions function of safety-related items. directionality in the weld which allows for which the person seeks to have litigated The use of AWS D1.1–2000 provides an increase factor on structural fillet weld in the hearing with respect to the criteria for the design, qualification, strength relative to the angle of load fabrication, and inspection of welds for license amendment request. Requests direction. These changes are supported by for hearing and petitions for leave to nuclear island structures and seismic tests that provide the justification for criteria Category II portions of the annex building that consider the directionality. These intervene shall be filed in accordance and turbine building. These structures changes can be similarly applied to welds in with the NRC’s ‘‘Agency Rules of continue to meet the applicable portions of the AP1000 to continue to provide the Practice and Procedure’’ in 10 CFR part ACI 349, the remaining applicable portions of necessary safety margin. 2. Interested person(s) should consult a AISC N690 not related to requirements for Therefore, the proposed amendment does current copy of 10 CFR 2.309, which is welding, including the supplemental not involve a significant reduction in a available at the NRC’s PDR. The NRC’s requirements described in UFSAR margin of safety. regulations are accessible electronically Subsections 3.8.4.4.1 and 3.8.4.5, and the supplemental requirements identified in the Therefore, the proposed changes do from the NRC Library on the NRC’s Web UFSAR Subsection 3.8.3 for structural not involve a significant reduction in a site at http://www.nrc.gov/reading-rm/ modules. The use of AWS D1.1–2000 does margin of safety. doc-collections/cfr/. As required by 10 CFR 2.309, a not have an adverse impact on the response The NRC staff has reviewed the request for hearing or petition for leave of the nuclear island structures, or seismic licensee’s analysis and, based on this Category II portions of the annex building to intervene must set forth with review, it appears that the three and turbine building to safe shutdown particularity the interest of the earthquake ground motions or loads due to standards of 10 CFR 50.92(c) are petitioner in the proceeding and how anticipated transients or postulated accident satisfied. Therefore, the NRC staff that interest may be affected by the conditions. The change does not impact the proposes to determine that the license results of the proceeding. The hearing support, design, or operation of mechanical amendment request involves a No request or petition must specifically and fluid systems. There is no change to Significant Hazards Consideration. plant systems or the response of systems to explain the reasons why intervention The NRC is seeking public comments should be permitted, with particular postulated accident conditions. There is no on this proposed determination that the change to the predicted radioactive releases reference to the following general due to normal operation or postulated license amendment request involves no requirements: (1) The name, address, accident conditions. The plant response to significant hazards consideration. Any and telephone number of the requestor previously evaluated accidents or external comments received within 30 days after or petitioner; (2) the nature of the events is not adversely affected, nor does the the date of publication of this notice requestor’s/petitioner’s right under the change described create any new accident will be considered in making any final Act to be made a party to the precursors. determination. proceeding; (3) the nature and extent of Therefore, the proposed amendment does Normally, the Commission will not the requestor’s/petitioner’s property, not involve a significant increase in the issue the amendment until the probability or consequences of an accident financial, or other interest in the previously evaluated. expiration of 60 days after the date of proceeding; and (4) the possible effect of 2. Does the proposed change create the publication of this notice. The any decision or order which may be possibility of a new or different kind of Commission may issue the license entered in the proceeding on the accident from any accident previously amendment before expiration of the 60- requestor’s/petitioner’s interest. The evaluated? day notice period if the Commission hearing request or petition must also Response: No. concludes the amendment involves no include the specific contentions that the The proposed change includes the use of significant hazards consideration. In requestor/petitioner seeks to have AWS D1.1–2000 to provide criteria for the addition, the Commission may issue the litigated at the proceeding. design, qualification, fabrication, and amendment prior to the expiration of For each contention, the requestor/ inspection of welds for nuclear island structures and the seismic Category II the 30-day comment period should petitioner must provide a specific portions of the annex building and turbine circumstances change during the 30-day statement of the issue of law or fact to building. The proposed change provides a comment period such that failure to act be raised or controverted, as well as a consistent set of requirements for welding of in a timely way would result, for brief explanation of the basis for the structures required to be designed to the example, in derating or shutdown of the contention. Additionally, the requestor/ requirements of ACI 349 and AISC N690. The facility. Should the Commission take petitioner must demonstrate that the change to the details does not change the action prior to the expiration of either issue raised by each contention is design function, support, design, or operation the comment period or the notice within the scope of the proceeding and of mechanical and fluid systems. The change period, it will publish in the Federal is material to the findings that the NRC to the weld details does not result in a new failure mechanism for the pertinent Register a notice of issuance. Should the must make to support the granting of a structures or new accident precursors. As a Commission make a final No Significant license amendment in response to the result, the design function of the structures Hazards Consideration Determination, application. The hearing request or is not adversely affected by the proposed any hearing will take place after petition must also include a concise change. issuance. The Commission expects that statement of the alleged facts or expert

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opinion that support the contention and held would take place after issuance of submittals.html. Participants may on which the requestor/petitioner the amendment. If the final attempt to use other software not listed intends to rely at the hearing, together determination is that the amendment on the Web site, but should note that the with references to those specific sources request involves a significant hazards NRC’s E-Filing system does not support and documents. The hearing request or consideration, then any hearing held unlisted software, and the NRC Meta petition must provide sufficient would take place before the issuance of System Help Desk will not be able to information to show that a genuine any amendment unless the Commission offer assistance in using unlisted dispute exists with the applicant on a finds an imminent danger to the health software. material issue of law or fact, including or safety of the public, in which case it If a participant is electronically references to specific portions of the will issue an appropriate order or rule submitting a document to the NRC in application for amendment that the under 10 CFR part 2. accordance with the E-Filing rule, the petitioner disputes and the supporting participant must file the document IV. Electronic Submissions (E-Filing) reasons for each dispute. If the using the NRC’s online, Web-based requestor/petitioner believes that the All documents filed in NRC submission form. In order to serve application for amendment fails to adjudicatory proceedings, including a documents through the Electronic contain information on a relevant matter request for hearing, a petition for leave Information Exchange System, users as required by law, the requestor/ to intervene, any motion or other will be required to install a Web petitioner must identify each failure and document filed in the proceeding prior browser plug-in from the NRC’s Web the supporting reasons for the to the submission of a request for site. Further information on the Web- requestor’s/petitioner’s belief. Each hearing or petition to intervene, and based submission form, including the contention must be one which, if documents filed by interested installation of the Web browser plug-in, proven, would entitle the requestor/ governmental entities participating is available on the NRC’s public Web petitioner to relief. A requestor/ under 10 CFR 2.315(c), must be filed in site at http://www.nrc.gov/site-help/e- petitioner who does not satisfy these accordance with the NRC’s E-Filing rule submittals.html. requirements for at least one contention (72 FR 49139; August 28, 2007). The E- Once a participant has obtained a will not be permitted to participate as a Filing process requires participants to digital ID certificate and a docket has party. submit and serve all adjudicatory been created, the participant can then Those permitted to intervene become documents over the internet, or in some submit a request for hearing or petition parties to the proceeding, subject to any cases to mail copies on electronic for leave to intervene. Submissions limitations in the order granting leave to storage media. Participants may not should be in Portable Document Format intervene, and have the opportunity to submit paper copies of their filings (PDF) in accordance with NRC guidance participate fully in the conduct of the unless they seek an exemption in available on the NRC’s public Web site hearing with respect to resolution of accordance with the procedures at http://www.nrc.gov/site-help/e- that person’s admitted contentions, described below. submittals.html A filing is considered including the opportunity to present To comply with the procedural complete at the time the documents are evidence and to submit a cross- requirements of E-Filing, at least ten 10 submitted through the NRC’s E-Filing examination plan for cross-examination days prior to the filing deadline, the system. To be timely, an electronic of witnesses, consistent with NRC participant should contact the Office of filing must be submitted to the E-Filing regulations, policies, and procedures. the Secretary by email at system no later than 11:59 p.m. Eastern The Atomic Safety and Licensing Board [email protected], or by telephone Time on the due date. Upon receipt of will set the time and place for any at 301–415–1677, to request (1) a digital a transmission, the E-Filing system prehearing conferences and evidentiary identification (ID) certificate, which time-stamps the document and sends hearings, and the appropriate notices allows the participant (or its counsel or the submitter an email notice will be provided. representative) to digitally sign confirming receipt of the document. The Hearing requests or petitions for leave documents and access the E-Submittal E-Filing system also distributes an email to intervene must be filed no later than server for any proceeding in which it is notice that provides access to the 60 days from the date of publication of participating; and (2) advise the document to the NRC’s Office of the this notice. Requests for hearing, Secretary that the participant will be General Counsel and any others who petitions for leave to intervene, and submitting a request or petition for have advised the Office of the Secretary motions for leave to file new or hearing (even in instances in which the that they wish to participate in the amended contentions that are filed after participant, or its counsel or proceeding, so that the filer need not the 60-day deadline will not be representative, already holds an NRC- serve the documents on those entertained absent a determination by issued digital ID certificate). Based upon participants separately. Therefore, the presiding officer that the filing this information, the Secretary will applicants and other participants (or demonstrates good cause by satisfying establish an electronic docket for the their counsel or representative) must the three factors in 10 CFR hearing in this proceeding if the apply for and receive a digital ID 2.309(c)(1)(i)–(iii). Secretary has not already established an certificate before a hearing request/ If a hearing is requested, the electronic docket. petition to intervene is filed so that they Commission will make a final Information about applying for a can obtain access to the document via determination on the issue of no digital ID certificate is available on the the E-Filing system. significant hazards consideration. The NRC’s public Web site at http:// A person filing electronically using final determination will serve to decide www.nrc.gov/site-help/e-submittals/ the NRC’s adjudicatory E-Filing system when the hearing is held. If the final getting-started.html. System may seek assistance by contacting the determination is that the amendment requirements for accessing the E- NRC Meta System Help Desk through request involves no significant hazards Submittal server are detailed in the the ‘‘Contact Us’’ link located on the consideration, the Commission may NRC’s ‘‘Guidance for Electronic NRC’s public Web site at http:// issue the amendment and make it Submission,’’ which is available on the www.nrc.gov/site-help/e- immediately effective, notwithstanding agency’s public Web site at http:// submittals.html, by email to the request for a hearing. Any hearing www.nrc.gov/site-help/e- [email protected], or by a toll-

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free call at 1–866–672–7640. The NRC Attorney for licensee: Ms. Kathryn M. You may obtain publicly-available Meta System Help Desk is available Sutton, Morgan, Lewis & Bockius LLC, information related to this document between 8 a.m. and 8 p.m., Eastern 1111 Pennsylvania Avenue NW., using any of the following methods: Time, Monday through Friday, Washington, DC 20004–2514. • Federal Rulemaking Web site: Go to excluding government holidays. NRC Branch Chief: Denise L. http://www.regulations.gov and search Participants who believe that they McGovern for Docket ID NRC–2011–0024. Address have a good cause for not submitting Dated at Rockville, Maryland, this 1st day questions about NRC dockets to Carol documents electronically must file an of June 2015. Gallagher; telephone: 301–415–3463; exemption request, in accordance with For the Nuclear Regulatory Commission. email: [email protected]. For 10 CFR 2.302(g), with their initial paper technical questions, contact the Denise L. McGovern, filing requesting authorization to individual listed in the FOR FURTHER Acting Branch Chief, Licensing Branch 4, continue to submit documents in paper INFORMATION CONTACT section of this format. Such filings must be submitted Division of New Reactor Licensing, Office of New Reactors. document. by: (1) First class mail addressed to the • NRC’s Agencywide Documents Office of the Secretary of the [FR Doc. 2015–13940 Filed 6–5–15; 8:45 am] Access and Management System Commission, U.S. Nuclear Regulatory BILLING CODE 7590–01–P (ADAMS): You may obtain publicly Commission, Washington, DC 20555– available documents online in the 0001, Attention: Rulemaking and NUCLEAR REGULATORY ADAMS Public Documents collection at Adjudications Staff; or (2) courier, COMMISSION http://www.nrc.gov/reading-rm/ express mail, or expedited delivery adams.html. To begin the search, select service to the Office of the Secretary, [Docket No. 50–302; License No. DPR–72; ‘‘ADAMS Public Documents’’ and then Sixteenth Floor, One White Flint North, NRC–2011–0024] select ‘‘Begin Web-based ADAMS 11555 Rockville Pike, Rockville, Search.’’ For problems with ADAMS, Maryland, 20852, Attention: In the Matter of Duke Energy Florida, please contact the NRC’s Public Rulemaking and Adjudications Staff. Inc.; Crystal River Unit 3 Nuclear Document Room (PDR) reference staff at Participants filing a document in this Generating Plant 1–800–397–4209, 301–415–4737, or by manner are responsible for serving the AGENCY: Nuclear Regulatory email to [email protected]. The document on all other participants. Commission. ADAMS accession number for each Filing is considered complete by first- ACTION: Direct transfer of license; order. document referenced (if it available in class mail as of the time of deposit in ADAMS) is provided the first time that the mail, or by courier, express mail, or SUMMARY: The U.S. Nuclear Regulatory a document is referenced. expedited delivery service upon Commission (NRC) is issuing an order to • NRC’s PDR: You may examine and depositing the document with the Duke Energy Florida, Inc. (DEF), purchase copies of public documents at provider of the service. A presiding approving the direct transfer of Facility the NRC’s PDR, Room O1–F21, One officer, having granted an exemption Operating License No. DPR–72 for White Flint North, 11555 Rockville request from using E-Filing, may require Crystal River Unit 3 Nuclear Generating Pike, Rockville, Maryland 20852. a participant or party to use E-Filing if Plant (CR–3), to the extent held by eight FOR FURTHER INFORMATION CONTACT: the presiding officer subsequently minority co-owners to DEF. The eight Michael D. Orenak, Office of Nuclear determines that the reason for granting minority co-owners, all municipalities Reactor Regulation, U.S. Nuclear the exemption from use of E-Filing no or utilities in the State of Florida, are as Regulatory Commission, Washington, longer exists. follows: The City of Alachua, City of DC 20555–0001; telephone: 301–415– Documents submitted in adjudicatory Bushnell, City of Gainesville, City of 3229; email: [email protected]. proceedings will appear in the NRC’s Kissimmee, City of Leesburg, City of SUPPLEMENTARY INFORMATION: electronic hearing docket which is The text of New Smyrna Beach and Utilities the Order is attached. available to the public at http:// Commission/City of New Smyrna Dated at Rockville, Maryland this 29th day ehd1.nrc.gov/ehd/, unless excluded Beach, City of Ocala, and Orlando pursuant to an order of the Commission, of May, 2015. Utilities Commission/City of Orlando or the presiding officer. Participants are For The Nuclear Regulatory Commission. (the eight minority co-owners, requested not to include personal collectively). The direct license transfer Meena K. Khanna, privacy information, such as social does not involve Seminole Electric Chief, Plant Licensing IV–2 and security numbers, home addresses, or Cooperative, Inc., the remaining co- Decommissioning Transition Branch, home phone numbers in their filings, owner of CR–3. A conforming license Division of Operating Reactor Licensing, unless an NRC regulation or other law Office of Nuclear Reactor Regulation. amendment will remove reference to the requires submission of such eight minority co-owners in the license. Attachment—Order Approving information. However, in some The CR–3 facility is permanently shut Transfer of License and Conforming instances, a request to intervene will Amendment require including information on local down and defueled and the application residence in order to demonstrate a proposed no physical changes to the United States of America facility or operational changes. DEF and proximity assertion of interest in the Nuclear Regulatory Commission proceeding. With respect to copyrighted Seminole Electric Corporation, Inc., will be joint owners of CR–3 and DEF will In the Matter of Duke Energy Florida, Inc.; works, except for limited excerpts that Crystal River Unit 3 Nuclear Generating serve the purpose of the adjudicatory be the operator of the facility. This Order is effective upon issuance. Plant, Docket No. 50–302, License No. DPR– filings and would constitute a Fair Use 72, Order Approving Transfer of License and application, participants are requested DATES: The Order was issued on May Conforming Amendment. not to include copyrighted materials in 29, 2015, and is effective for one year. their submission. ADDRESSES: Please refer to Docket ID I. For further details with respect to this NRC–2011–0024 when contacting the Duke Energy Florida, Inc. (DEF or the action, see the application for license NRC about the availability of applicant), City of Alachua, City of amendment dated May 26, 2015. information regarding this document. Bushnell, City of Gainesville, City of

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Kissimmee, City of Leesburg, City of owners in the license. DEF did not and security or to the health and safety New Smyrna Beach and Utilities propose any physical changes to the of the public; and the issuance of the Commission/City of New Smyrna facilities or operational changes in the proposed amendment will be in Beach, City of Ocala, Orlando Utilities application. After completion of the accordance with 10 CFR part 51 of the Commission/City of Orlando, and proposed transfer, DEF and Seminole Commission’s regulations and all Seminole Electric Cooperative, Inc., are Electric Cooperative, Inc., will be the applicable requirements have been holders of Facility Operating License joint owners of CR–3, holding 98.30 satisfied. No. DPR–72, which authorizes the percent interest and 1.70 percent The findings set forth above are possession of the Crystal River Unit 3 interest, respectively, and DEF will supported by the NRC safety evaluation Nuclear Generating Plant (CR–3). remain the operator of the facility. dated May 29, 2015. Facility Operating License No. DPR–72 DEF requested approval of the direct also authorizes DEF (currently owner of transfer of the facility operating license III. 91.78 percent of CR–3) to use and and the conforming license amendment Accordingly, pursuant to Sections operate CR–3. CR–3 is located in Red pursuant to 10 CFR 50.80, ‘‘Transfer of 161b, 161i, 161o and 184 of the Act, 42 Level, Florida, in Citrus County, about licenses,’’ and 10 CFR 50.90, U.S.C. Sections 2201(b), 2201(i), 2201(o) 5 miles south of Levy County. The site ‘‘Application for amendment of license, and 2234; and 10 CFR 50.80, it is hereby is 7.5 miles northwest of Crystal River, construction permit, or early site ordered that the direct transfer of the Florida, and 90 miles north of St. permit.’’ A notice entitled, ‘‘Crystal license, as described herein, to DEF is Petersburg, Florida. CR–3 is situated on River Nuclear Generating Plant, Unit 3; approved, subject to the following the Gulf of Mexico, within the Crystal Consideration of Approval of Transfer of condition: River Energy Complex. License and Conforming Amendment,’’ 1. DEF shall provide satisfactory CR–3 has been shut down since was published in the Federal Register documentary evidence to the Director of the September 26, 2009, and the final on April 28, 2015 (80 FR 23612). The Office of Nuclear Reactor Regulation that it removal of fuel from the reactor vessel NRC did not receive any public has obtained the insurance required of a was completed on May 28, 2011. By comments regarding the proposed licensee under 10 CFR part 140, ‘‘Financial letter dated February 20, 2013, the license transfer. Protection Requirements and Indemnity licensee submitted a certification to the Pursuant to 10 CFR 50.80, no license, Agreements,’’ in the appropriate amount NRC of permanent cessation of power or any right thereunder, shall be pursuant to the exemption to 10 CFR operations and the removal of fuel from transferred, directly or indirectly, 140.11(a)(4) granted to DEF by NRC letter the reactor vessel, pursuant to Sections through transfer of control of the dated April 27, 2015 (Agencywide license, unless the Commission Documents Access and Management System 50.82(a)(1)(i) and 50.82(a)(1)(ii) of Title (ADAMS) Accession No. ML14183B338). 10 of the Code of Federal Regulations provides its consent in writing. Upon (10 CFR). Upon docketing of this review of the information in the It is further ordered that, consistent certification, the 10 CFR part 50 license licensee’s application and other with 10 CFR 2.1315(b), the license for CR–3 no longer authorizes operation information before the Commission, and amendment that makes changes, as of the reactor or emplacement or relying upon the representations and indicated in Enclosure 2 to the cover retention of fuel into the reactor vessel, agreements contained in the letter forwarding this Order, to conform as specified in 10 CFR 50.82(a)(2). application, the NRC staff has the license to reflect the subject direct determined that DEF is qualified to hold license transfer is approved. The license II. the ownership interests in the facility amendment shall be issued and made By application dated November 7, previously held by the eight minority effective at the time the proposed direct 2014, as supplemented by letter dated co-owners. The NRC staff has also transfer is completed. April 30, 2015 (collectively, the determined that the direct transfer of It is further ordered that after receipt application), DEF requested that the ownership interests in the facility to of all required regulatory approvals of U.S. Nuclear Regulatory Commission DEF, as described in the application, is the proposed direct transfer action, DEF (NRC) approve the direct transfer of otherwise consistent with applicable shall inform the Director of the Office of control of Facility Operating License provisions of laws, regulations, and Nuclear Reactor Regulation in writing of No. DPR–72 for CR–3, to the extent held orders issued by the Commission, such receipt, and the date of closing of by the eight minority co-owners to DEF. subject to the conditions set forth below. the transfer no later than one business The eight minority co-owners The NRC staff has further found that the day prior to the date of the closing of the collectively own 6.52 percent of CR–3 application for the proposed license direct transfer. Should the direct and are as follows: The City of Alachua, amendment complies with the transfer not be completed within one City of Bushnell, City of Gainesville, standards and requirements of the year of this Order’s date of issue, this City of Kissimmee, City of Leesburg, Atomic Energy Act of 1954, as amended Order shall become null and void, City of New Smyrna Beach and Utilities (the Act), and the Commission’s rules provided, however, that upon written Commission/City of New Smyrna and regulations set forth in 10 CFR application and good cause shown, such Beach, City of Ocala, and Orlando Chapter I; the facility will operate in date may be extended by order. Utilities Commission/City of Orlando. conformity with the applications, the This Order is effective upon issuance. The proposed direct transfer of the provisions of the Act, and the rules and For further details with respect to this license does not involve Seminole regulations of the Commission; there is Order, see the initial application dated Electric Cooperative, Inc., the remaining reasonable assurance that the activities November 7, 2014 (ADAMS Accession co-owner (1.70 percent interest) of CR– authorized by the proposed license No. ML14321A450), as supplemented 3. As a result of the transaction, DEF amendment can be conducted without by letter dated April 30, 2015 (ADAMS and Seminole Electric Cooperative, Inc., endangering the health and safety of the Accession No. ML15126A278), and the will become the joint owners of CR–3. public and that such activities will be safety evaluation dated May 29, 2015 The applicant also requested approval conducted in compliance with the (ADAMS Accession No. ML15121A570), of a conforming administrative license Commission’s regulations; the issuance which are available for public amendment that would remove the of the proposed license amendment will inspection at the Commission’s Public references to the eight minority co- not be inimical to the common defense Document Room (PDR), located at One

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White Flint North, 11555 Rockville http://www.nrc.gov/reading-rm/ CFR 2.101(a)(5), NWMI submitted the Pike, Room O–1 F21 (First Floor), adams.html. To begin the search, select following in part one of the construction Rockville, Maryland and accessible ‘‘ADAMS Public Documents’’ and then permit application (ADAMS Accession electronically though the ADAMS select ‘‘Begin Web-based ADAMS No. ML15086A261): Public Electronic Reading Room on the Search.’’ For problems with ADAMS, • The description and safety Internet at the NRC Web site, http:// please contact the NRC’s Public assessment of the site required by 10 www.nrc.gov/reading-rm/adams.html. Document Room (PDR) reference staff at CFR 50.34(a)(1), Persons who do not have access to 1–800–397–4209, 301–415–4737, or by • the environmental report required ADAMS or who encounter problems in email to [email protected]. The by 10 CFR 50.30(f), • accessing the documents located in ADAMS accession number for each the filing fee information required by 10 CFR 50.30(e) and 10 CFR 170.21, ADAMS should contact the NRC PDR document referenced in this document • reference staff by telephone at 1–800– (if that document is available in the general information required by 397–4209, 301–415–4737, or by email at ADAMS) is provided the first time that 10 CFR 50.33; and • the agreement limiting access to [email protected]. a document is referenced. • NRC’s PDR: You may examine and classified information required by 10 Dated at Rockville, Maryland, this 29th day CFR 50.37. purchase copies of public documents at of May 2015. The NRC staff has determined that the NRC’s PDR, Room O1–F21, One For The Nuclear Regulatory Commission. NWMI has submitted the information William M. Dean, White Flint North, 11555 Rockville listed above in accordance with 10 CFR Director, Office of Nuclear Reactor Pike, Rockville, Maryland 20852. 2.101(a)(5) and that the partial Regulation. FOR FURTHER INFORMATION CONTACT: application is acceptable for docketing. [FR Doc. 2015–13939 Filed 6–5–15; 8:45 am] Michael Balazik, Office of Nuclear The docket number established for the BILLING CODE 7590–01–P Reactor Regulation, U.S. Nuclear NWMI facility is 50–609. Regulatory Commission, Washington, The NRC staff will perform a detailed DC 20555–0001; telephone: 301–415– technical review of the partial NUCLEAR REGULATORY 2856; email: [email protected]. construction permit application. COMMISSION SUPPLEMENTARY INFORMATION: On Docketing of the partial construction November 7, 2014, NWMI filed with the permit application does not preclude [Docket No. 50–609; NRC–2013–0235] NRC, pursuant to Section 103 of the the NRC from requesting additional Northwest Medical Isotopes, LLC; Atomic Energy Act of 1954, as amended, information from the applicant as the Construction Permit Application and part 50 of Title 10 of the Code of review proceeds, nor does it predict Federal Regulations (10 CFR), a portion whether the Commission will grant or AGENCY: Nuclear Regulatory of an application for a construction deny the application. The NRC staff will Commission. permit for a medical radioisotope also perform an acceptance review of ACTION: Construction permit production facility in Columbia, the second and final part of the application; docketing. Missouri. By letter dated February 5, construction permit application when it 2015 (ADAMS Accession No. is tendered. As stated in NWMI’s SUMMARY: The U.S. Nuclear Regulatory ML15086A262), NWMI withdrew and February 5, 2015, letter, the second and Commission (NRC) staff has determined resubmitted this portion of its final part of NWMI’s application for a that the partial application for a construction permit application construction permit will contain the construction permit, submitted by (ADAMS Accession No. ML15086A261) remainder of the preliminary safety Northwest Medical Isotopes, LLC to include a discussion of connected analysis report required by 10 CFR (NWMI) is acceptable for docketing. The actions in its environmental report in 50.34(a) and will be submitted in NWMI proposes to build a medical response to a January 23, 2015, letter accordance with the requirements of 10 radioisotope production facility located from the NRC (ADAMS Accession No. CFR 2.101(a)(5). If, after completion of in Columbia, Missouri. ML14349A501). A notice of receipt of the acceptance review of the full DATES: June 8, 2015. this application was previously construction permit application, the full ADDRESSES: Please refer to Docket ID published in the Federal Register on construction permit application is found NRC–2013–0235 when contacting the April 21, 2015 (80 FR 22227). acceptable for docketing, the NRC about the availability of An exemption from certain Commission or a designated Atomic information regarding this document. requirements of 10 CFR 2.101(a)(5) Safety and Licensing Board will conduct You may obtain publicly-available granted by the Commission on October a hearing in accordance with Subpart L, information related to this document 7, 2013, and published in the Federal ‘‘Simplified Hearing Procedures for NRC using any of the following methods: Register on October 24, 2013 (78 FR Adjudications,’’ of 10 CFR part 2 and • Federal Rulemaking Web site: Go to 63501), in response to a letter from the Advisory Committee on Reactor http://www.regulations.gov and search NWMI dated August 9, 2013 (ADAMS Safeguards will prepare a report on the for Docket ID NRC–2013–0235. Address Accession No. ML13227A295), allowed construction permit application questions about NRC dockets to Carol for NWMI to submit its construction consistent with 10 CFR 50.58, ‘‘Hearings Gallagher; telephone: 301–415–3463; permit application in two parts. and report of the Advisory Committee email: [email protected]. For Specifically, the exemption allowed on Reactor Safeguards.’’ The technical questions, contact the NWMI to submit a portion of its Commission will announce in a future individual listed in the FOR FURTHER application for a construction permit up Federal Register notice, the opportunity INFORMATION CONTACT section of this to six months prior to the remainder of to petition for leave to intervene in the document. the application regardless of whether or hearing required for this application by • NRC’s Agencywide Documents not an environmental impact statement 10 CFR 50.58, as well as the time and Access and Management System or a supplement to an environmental place of the hearing. If the Commission (ADAMS): You may obtain publicly- impact statement was prepared during finds that the full construction permit available documents online in the the review of its application. On application meets the applicable ADAMS Public Documents collection at February 5, 2015, in accordance with 10 standards of the Atomic Energy Act and

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the Commission’s regulations, and that POSTAL SERVICE The Council will advise on the required notifications to other agencies establishment of a new national center and bodies have been made, the Product Change—Priority Mail (Presidio Institute) focused on service Commission will issue a construction Negotiated Service Agreement and leadership development, with permit, in the form and containing AGENCY: Postal ServiceTM. specific emphasis on: (a) Assessing the conditions and limitations that the role and key opportunities of a national ACTION: Notice. Commission finds appropriate and center dedicated to service and necessary. SUMMARY: The Postal Service gives leadership at Fort Scott in the Presidio Pursuant to 10 CFR part 51, the NRC notice of filing a request with the Postal of San Francisco; (b) providing staff will conduct an environmental Regulatory Commission to add a recommendations related to the Presidio review of the construction permit before domestic shipping services contract to Institute’s programmatic goals, target recommending Commission action on the list of Negotiated Service audiences, content, implementation and the application. The NRC staff will Agreements in the Mail Classification evaluation; (c) providing guidance on a determine in accordance with 10 CFR Schedule’s Competitive Products List. phased development approach that 51.25, whether it will prepare an DATES: Effective date: June 8, 2015. leverages a combination of funding environmental impact statement or an FOR FURTHER INFORMATION CONTACT: sources including philanthropy; and (d) environmental assessment to inform the Elizabeth A. Reed, 202–268–3179. making recommendations on how to structure the Presidio Institute’s decision on the construction permit SUPPLEMENTARY INFORMATION: The application and will publish a Federal United States Postal Service® hereby business model to best achieve the Register notice concerning its gives notice that, pursuant to 39 U.S.C. Presidio Institute’s mission and ensure environmental review. 3642 and 3632(b)(3), on May 29, 2015, long-term financial self-sufficiency. Dated at Rockville, Maryland, this 29th day it filed with the Postal Regulatory Meeting Agenda: This meeting of the of May 2015. Commission a Request of the United Council will feature a presentation by For the Nuclear Regulatory Commission. States Postal Service to Add Priority Fellows from the Presidio Institute Cross Sector Leaders Fellowship Alexander Adams, Jr., Mail Contract 123 to Competitive Product List. Documents are available at program. Updates will be provided on Chief, Research and Test Reactors Licensing www.prc.gov, Docket Nos. MC2015–52, programs and input will be sought on Branch, Division of Policy and Rulemaking, potential audiences and program Office of Nuclear Reactor Regulation. CP2015–80. participants. The period from 11:30 a.m. [FR Doc. 2015–13937 Filed 6–5–15; 8:45 am] Stanley F. Mires, to 12:00 p.m. will be reserved for public BILLING CODE 7590–01–P Attorney, Federal Compliance. comments. [FR Doc. 2015–13877 Filed 6–5–15; 8:45 am] Public Comment: Individuals who BILLING CODE 7710–12–P would like to offer comments are POSTAL SERVICE invited to sign-up at the meeting and speaking times will be assigned on a Product Change—Priority Mail PRESIDIO TRUST first-come, first-served basis. Written Negotiated Service Agreement comments may be submitted on cards Notice of Public Meeting of Presidio that will be provided at the meeting, via Institute Advisory Council AGENCY: Postal ServiceTM. mail to Aimee Vincent, Presidio ACTION: Notice. AGENCY: The Presidio Trust. Institute, 1201 Ralston Avenue, San ACTION: Notice of public meeting of Francisco, CA 94129–0052, or via email SUMMARY: The Postal Service gives Presidio Institute Advisory Council. to [email protected]. If notice of filing a request with the Postal individuals submitting written Regulatory Commission to add a SUMMARY: Pursuant to the Federal comments request that their address or domestic shipping services contract to Advisory Committee Act, as amended (5 other contact information be withheld the list of Negotiated Service U.S.C. Appendix 2), notice is hereby from public disclosure, it will be Agreements in the Mail Classification given that a public meeting of the honored to the extent allowable by law. Schedule’s Competitive Products List. Presidio Institute Advisory Council Such requests must be stated (Council) will be held from 9:00 a.m. to prominently at the beginning of the DATES: Effective date: June 8, 2015. 12:00 p.m. on Tuesday, June 30, 2015. comments. The Trust will make FOR FURTHER INFORMATION CONTACT: The meeting is open to the public, and available for public inspection all Elizabeth A. Reed, 202–268–3179. oral public comment will be received at submissions from organizations or SUPPLEMENTARY INFORMATION: The the meeting. The Council was formed to businesses and from persons identifying United States Postal Service® hereby advise the Executive Director of the themselves as representatives or gives notice that, pursuant to 39 U.S.C. Presidio Trust (Trust) on matters officials of organizations and 3642 and 3632(b)(3), on May 29, 2015, pertaining to the rehabilitation and businesses. it filed with the Postal Regulatory reuse of Fort Winfield Scott as a new Time: The meeting will be held from Commission a Request of the United national center focused on service and 9:00 a.m. to 12:00 p.m. on Tuesday, June States Postal Service to Add Priority leadership development. 30, 2015. SUPPLEMENTARY INFORMATION: Mail Contract 124 to Competitive The Location: The meeting will be held at Product List. Documents are available at Trust’s Executive Director, in the Presidio Institute, Building 1202 www.prc.gov, Docket Nos. MC2015–53, consultation with the Chair of the Board Ralston Avenue, San Francisco, CA CP2015–81. of Directors, has determined that the 94129. Council is in the public interest and Stanley F. Mires, supports the Trust in performing its FOR FURTHER INFORMATION CONTACT: Attorney, Federal Compliance. duties and responsibilities under the Additional information is available [FR Doc. 2015–13879 Filed 6–5–15; 8:45 am] Presidio Trust Act, 16 U.S.C. 460bb online at http://www.presidio.gov/ BILLING CODE 7710–12–P appendix. explore/Pages/fort-scott-council.aspx.

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Dated: May 27, 2015. compliance with Form N–8B–2 is SECURITIES AND EXCHANGE Karen A. Cook, approximately 10 hours per filing. The COMMISSION General Counsel. total hour burden for the Form N–8B– [FR Doc. 2015–13911 Filed 6–5–15; 8:45 am] 2 filing requirement therefore is 40 [Release No. 34–75096; File No. SR– × BILLING CODE P hours in the aggregate (4 respondents NYSEArca 2015–43] one filing per respondent × 10 hours per filing). Self-Regulatory Organizations; NYSE SECURITIES AND EXCHANGE Estimates of the burden hours are Arca, Inc.; Notice of Filing of Proposed COMMISSION made solely for the purposes of the PRA Rule Change Amending Rule 6.91(c), Electronic Complex Order Auction [Extension: Form N–8B–2; OMB Control No. and are not derived from a 3235–0186, SEC File No. 270–186] comprehensive or even a representative Process Removing the Limitation on survey or study of the costs of SEC rules Who Can Respond to a COA and Proposed Collection; Comment and forms. The information provided on Provide a Response Time Interval of at Request Form N–8B–2 is mandatory. The Least 500 Milliseconds; and Rule 6.47A, Order Exposure Requirements- Upon Written Request, Copies Available information provided on Form N–8B–2 will not be kept confidential. An agency OX To Add Use of the COA for a User From: Securities and Exchange To Satisfy the Order Exposure Commission, Office of FOIA Services, may not conduct or sponsor, and a Requirement in Rule 6.47A and Delete 100 F Street NE., Washington, DC person is not required to respond to, a the Reference in Rule 6.91(c) to the 20549–2736. collection of information unless it Order Exposure Requirements—OX displays a currently valid OMB control Notice is hereby given that, pursuant Being Separate From the Duration of number. to the Paperwork Reduction Act of 1995 the COA Response Time Interval (44 U.S.C. 3501 et seq.), the Securities Written comments are invited on: (a) and Exchange Commission (the Whether the proposed collection of June 2, 2015. ‘‘Commission’’) is soliciting comments information is necessary for the proper Pursuant to Section 19(b)(1) 1 of the on the collection of information performance of the functions of the summarized below. The Commission Securities Exchange Act of 1934 (the agency, including whether the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 plans to submit this existing collection information will have practical utility; of information to the Office of notice is hereby given that, on May 21, (b) the accuracy of the agency’s estimate Management and Budget for extension 2015, NYSE Arca, Inc. (the ‘‘Exchange’’ of the burden of the collection of and approval. or ‘‘NYSE Arca’’) filed with the Form N–8B–2 (17 CFR 274.12) is the information; (c) ways to enhance the Securities and Exchange Commission form used by unit investment trusts quality, utility, and clarity of the (the ‘‘Commission’’) the proposed rule (‘‘UITs’’) other than separate accounts information collected; and (d) ways to change as described in Items I, II, and that are currently issuing securities, minimize the burden of the collection of III below, which Items have been including UITs that are issuers of information on respondents, including prepared by the Exchange. The periodic payment plan certificates and through the use of automated collection Commission is publishing this notice to UITs of which a management techniques or other forms of information solicit comments on the proposed rule investment company is the sponsor or technology. Consideration will be given change from interested persons. depositor, to comply with the filing and to comments and suggestions submitted disclosure requirements imposed by in writing within 60 days of this I. Self-Regulatory Organization’s section 8(b) of the Investment Company publication. Statement of the Terms of Substance of the Proposed Rule Change Act of 1940 (15 U.S.C. 80a–8(b)). Form Please direct your written comments N–8B–2 requires disclosure about the to Pamela Dyson, Director/Chief The Exchange proposes to: (1) Amend organization of a UIT, its securities, the Information Officer, Securities and Rule 6.91(c) (Electronic Complex Order personnel and affiliated persons of the Exchange Commission, C/O Remi Auction (‘‘COA’’) Process) to remove the depositor, the distribution and Pavlik-Simon, 100 F Street NE., limitation on who can respond to a COA redemption of securities, the trustee or Washington, DC 20549; or send an email and to provide a Response Time Interval custodian, and financial statements. The _ Commission uses the information to: PRA [email protected]. of at least 500 milliseconds; and (2) provided in the collection of Dated: June 2, 2015. amend Rule 6.47A (Order Exposure Requirements-OX) to add use of the information to determine compliance Robert W. Errett, COA as a means for a User to satisfy the with section 8(b) of the Investment Deputy Secretary. Company Act. Order Exposure Requirement in Rule [FR Doc. 2015–13873 Filed 6–5–15; 8:45 am] Each registrant subject to the Form N– 6.47A and delete the reference in Rule 8B–2 filing requirement files Form N– BILLING CODE 8011–01–P 6.91(c) to the Order Exposure 8B–2 for its initial filing and does not Requirements -OX being separate from file post-effective amendments on Form the duration of the COA Response Time N–8B–2.1 The Commission staff Interval. estimates that approximately four The text of the proposed rule change respondents each file one Form N–8B– is available on the Exchange’s Web site 2 filing annually with the Commission. at www.nyse.com, at the principal office Staff estimates that the burden for of the Exchange, and at the Commission’s Public Reference Room. 1 Post-effective amendments are filed with the Commission on the UIT’s Form S–6. Hence, respondents only file Form N–8B–2 for their initial 1 15 U.S.C. 78s(b)(1). registration statement and not for post-effective 2 15 U.S.C. 78a. amendments. 3 17 CFR 240.19b–4.

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II. Self-Regulatory Organization’s that the proposed amendment may millisecond minimum for the RTI is Statement of the Purpose of, and increase participation in COAs, which comparable to the response time Statutory Basis for, the Proposed Rule would foster greater competition and interval in the NYSE Amex Options Change provide additional price improvement CUBE Auction for single-leg orders, In its filing with the Commission, the opportunities for COA-eligible orders which disseminates an RFR message for Exchange included statements exposed during the COA. In addition, an auction lasting a random period of concerning the purpose of and basis for the Exchange believes the proposed time of between 500 and 750 the proposed rule change and discussed amendment is fair and reasonable and milliseconds.10 In addition, BOX any comments it received on the would benefit market participants Options Exchange LLC (‘‘BOX’’)’s proposed rule change. The text of these because it would enable the Exchange to Complex Order Price Improvement statements may be examined at the better compete with option exchanges Period (‘‘COPIP’’), like the Exchange’s places specified in Item IV below. The that permit all members to participate in COA, is designed to offer price Exchange has prepared summaries, set electronic auctions for crossing improvement to complex orders, and is forth in Sections A, B, and C below, of transactions that are similar to the only 100 milliseconds in length.11 7 the most significant parts of such COA. Although both the CUBE and the COPIP statements. As noted above, the duration of a relate to electronic crossing transactions COA is determined by the Exchange, but and provide for a guaranteed execution, (A) Self-Regulatory Organization’s may not exceed one (1) second. the Exchange believes the CUBE and Statement of the Purpose of, and Currently, the Exchange has not COPIP are analogous to the COA as they Statutory Basis for, the Proposed Rule established a minimum duration for the are designed to attract liquidity and Change RTI. The Exchange believes it is provide opportunities for price 1. Purpose important to establish a minimum improvement. duration for the RTI to ensure that Participation in and Minimum Response orders entered into a COA are exposed Amendment to Order Exposure Time Interval for the COA for a sufficient time period to allow the Requirements The Exchange operates COA, which opportunity for participating OTP In addition, the Exchange proposes to allows an entering OTP Holder to Holders to provide RFR Responses. amend Rule 6.47A by adding that use of initiate an auction for eligible Electronic Accordingly, the Exchange is proposing the COA is a means for a User to satisfy Complex Orders (‘‘COA-eligible to establish a minimum of 500 the Order Exposure Requirement in orders’’).4 Upon receiving a COA- milliseconds as the length of time the Rule 6.47A. Exchange Rule 6.47A eligible order, and the direction from Exchange may determine for the RTI, prohibits Users (i.e., OTP Holders) 12 the entering OTP Holder that an auction with the maximum length of time from trading as principal with orders be initiated, the Exchange sends an continuing to be one (1) second.8 they represent as agent unless the order automated request for response message The Exchange believes that a exposure requirements under the rule (‘‘RFR’’) to all OTP Holders who minimum of 500 milliseconds is a are met. The order exposure subscribe to RFR messages.5 OTP sufficient time to submit RFR Responses requirements are designed to enhance Holders that are eligible to participate in and would encourage competition opportunities for competition among a COA may respond to an RFR message among participants, thereby enhancing market participants.13 Specifically, a (‘‘RFR Responses’’) indicating the price the potential for price improvement for User may only trade as principal with and the number of contracts they would orders in the COA.9 The proposed 500 an order it represents as agent if: be willing trade in the COA. RFR • The agency order is first exposed on Responses must be submitted during the 7 See, e.g., ISE Rule 723(a) (Price Improvement Orders may be entered by all Members for their own the Exchange for at least one (1) second; Response Time Interval (‘‘RTI’’), the or duration of which is determined by the account or for the account of a Public Customer in one-cent increments at the same price as the • The User has been bidding or Exchange, but may not exceed one (1) Crossing Transaction or at an improved price for the offering on the Exchange for at least one second.6 Agency Order, and for any size up to the size of the Rule 6.91(c)(4) currently provides that Agency Order); NYSE MKT Rule 971.1(c)(2)(C) (1) second prior to receiving an agency each Market Maker with an (allowing any ATP Holder to respond to an RFR in order that is executable against such bid a Customer Best Execution (‘‘CUBE’’) Auction for or offer. appointment in the relevant option single-legged transactions on the Exchange) (NYSE class, and each OTP Holder acting as Amex Options is the options trading facility of agent for orders resting at the top of the NYSE MKT LLC). The Exchange believes that lasting 100 milliseconds. Thus, the Exchange Consolidated Book in the relevant although ISE Rule 723(a) and NYSE Amex Rule believes that the proposed RTI duration of at least 971.1NY relate to electronic crossing transactions 500 milliseconds would provide a meaningful options series may submit RFR and provide for a guaranteed execution, these opportunity for participants on the Exchange to Responses during the RTI. The electronic auction mechanisms are analogous to the respond to a COA while at the same time Exchange proposes to amend Rule COA as they are designed to attract liquidity to the facilitating the prompt execution of orders. 6.91(c)(4) to provide that any OTP exchange and provide opportunities for price 10 See NYSE MKT Rule 971.1NY(c)(2)(B). 11 Holder may submit RFR Responses improvement. See Box Rule 7245(f)(1). 8 See proposed Rule 6.91(c)(3) (providing that 12 A ‘‘User’’ is ‘‘any OTP Holder, OTP Firm or during the RTI. The Exchange believes ‘‘the that the duration [of the RTI] shall not be less Sponsored Participant that is authorized to obtain than 500 milliseconds and shall not exceed one (1) access to OX pursuant to Rule 6.2A.’’ See Rule 4 The Exchange may determine, on a class by second.’’). 6.1A(19). The term ‘‘Sponsored Participant’’ refers class basis, which Electronic Complex Orders are 9 In May 2015, to determine whether the to a person that has entered into a sponsorship eligible for a COA based on marketability (defined proposed RTI would provide sufficient time to arrangement with a Sponsoring OTP Firm pursuant as a number of ticks from the current market), size, respond to a COA, the Exchange conducted a to Rule 6.2A. See Rule 6.1A(16). and Complex Order origin type. See Rule 6.91(c)(1). survey of ATP Holders to determine whether their 13 See Rule 6.47A Commentary .01 (‘‘Rule 6.47A 5 RFR messages identify the component series, firms ‘‘could respond to an auction lasting 100 prevents a User from executing agency orders to size and side of the market of the order and any milliseconds.’’ Of the ATP Holders that have increase its economic gain from trading against the contingencies. See Rule 6.91(c)(2). electronic access to the Exchange and are able to order without first giving other trading interest on 6 See Rule 6.91(c)(3) (stating, in part,‘‘[t]he submit responses to a COA (the ‘‘Relevant ATP the Exchange an opportunity to either trade with Exchange will determine the length of the Response Holders’’), thirteen (13) responded the survey. Of the agency order or to trade at the execution price Time Interval; provided, however, that the duration the thirteen (13) Relevant ATP Holders, ten (10)— when the User was already bidding or offering on shall not exceed one (1) second.’’). or 77%—said that they could respond to an auction the book.’’).

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The Exchange proposes to amend 1934 (the ‘‘Act’’),18 which requires the opportunities for price improvement, to Rule 6.47A to also permit a User who rules of an exchange to promote just and the benefit of investors and the public utilizes the COA pursuant to Rule equitable principles of trade, to remove interest. In addition, exempting 6.91(c) to submit a principal order impediments to and perfect the Electronic Complex Orders subject to a during the RTI to trade against an order mechanism of a free and open market COA from the one-second order it represents as agent.14 As described and a national market system and, in exposure requirement of Rule 6.47A is above, the Exchange is proposing a general, to protect investors and the consistent with the treatment of orders minimum duration for the RTI of 500 public interest. in the NYSE Amex Options CUBE milliseconds. RTIs would thus last for at The Exchange believes that the Auction as well as the treatment of least 500 milliseconds and no more than proposed rule change to amend Rule similar orders entered in the BOX 6.91(c)(4) to provide that any OTP one (1) second, as determined by the Complex Order Price Improvement 15 Holder may submit an RFR Response Exchange. Period.21 Additionally, the Exchange As stated above, the Exchange during an RTI would remove believes the proposed exemption from believes that a COA with an RTI of at impediments to and perfect the least 500 milliseconds is a sufficient mechanism of a free and open market Rule 6.47A would reduce market risk length of time to permit OTP Holders to and a national market system because it for OTP Holders responding to COA- respond to a RFR and enhance could result in increased participation eligible orders by providing timely opportunities for competition among in the COA process, which should executions of these orders. participants, increasing the likelihood increase competition within a COA, Accordingly, for foregoing reasons, for price improvement for the COA- potentially offering greater price the Exchange believes the proposed eligible order in the COA. Accordingly, improvement opportunities to the COA- change is consistent with the Act. the Exchange proposes to amend Rule eligible order. The Exchange notes that 6.47A to state that a User may execute at least two other options exchanges (B) Self-Regulatory Organization’s as principal an order that the User allow all members to participate in Statement on Burden on Competition electronic auctions similar to the represents as agent if the User avails The Exchange does not believe that COA.19 itself of COA pursuant to Rule 6.91(c). the proposed rule change will impose Thus, an Electronic Complex Order The Exchange believes the proposed minimum of 500 milliseconds for a RTI any burden on competition that is not subject to a COA would not be subject necessary or appropriate in furtherance to the one-second order exposure within a COA promotes just and of the purposes of the Act. The requirement of Rule 6.47A. This equitable principles of trade and Exchange believes the proposal to allow exclusion from the one-second order removes impediments to a free and open all OTP Holders to participate in the exposure requirement is consistent with market because it allow [sic] sufficient the treatment of orders in the NYSE time for OTP Holders participating in a COA process should increase the level Amex Options CUBE Auction, which COA to submit RFR Responses and of competition within COAs, which will has a minimum duration of 500 would encourage competition among increase opportunities to trade for all milliseconds, as is proposed for COA.16 participants, thereby enhancing the participants on the Exchange and may This proposed exception is also potential for price improvement for increase opportunities for COA-eligible consistent with the treatment of similar orders in the COA to the benefit of orders to receive price improvement. orders entered in the BOX Complex investors and public interest. The The Exchange also believes that this Order Price Improvement Period.17 Exchange believes the proposed rule proposed expansion would enable the Consistent with Rule 6.47A change is not unfairly discriminatory Exchange to better compete with other Commentary .01, OTP Holders shall because it establishes a minimum options exchanges that already offer all only use COA where there is a genuine exposure period applicable to COA- participants the ability to participate in intention to execute bona fide eligible orders, which would be the electronic auctions.22 The Exchange transactions. same for all OTP Holders participating believes the proposed 500 millisecond The Exchange also proposes to delete in a COA. In addition, the proposed minimum for a RTI is pro-competitive rule text from Rule 6.91(c)(3), which minimum of 500 millisecond [sic] is as it would afford OTP Holders provides that ‘‘[t]he obligations of Rule consistent with the NYSE Amex sufficient time to respond to a COA and 6.47A, Order Exposure Requirements Options CUBE Auction and is enhance opportunities for price -OX, are separate from the duration of comparable to BOX’s Complex Order improvement while encouraging timely the Response Time Interval.’’ The Price Improvement Period, which executions. The Exchange believes that Exchange is proposing to delete this text similar to the Exchange’s COA, is the proposed limited exception to Rule designed to offer price improvement to because it would no longer be accurate 6.47A would enable the Exchange to complex orders, and is only 100 with the proposed changes to Rule better compete with other options 6.47A described above. milliseconds in length.20 The Exchange believes the proposal to exchanges that already exempt market 2. Statutory Basis allow Users who utilize the COA to participants from the one-second order The Exchange believes that its enter an order as principal to potentially exposure requirements when utilizing proposal is consistent with Section execute against an order it represents as certain price improvement and auction 23 6(b)(5) of the Securities Exchange Act of agent promotes just and equitable mechanisms. Accordingly, the principles of trade because the proposed proposed rule change would also serve 14 See proposed Rule 6.47A(iii). The Exchange minimum of 500 milliseconds for the to promote regulatory clarity and also proposes to add semi-colons to separate the RTI would provide ample time for consistency, thereby reducing burdens subparts of Rule 6.47A, in lieu of ‘‘or’’, which the participants in the COA to respond and on the marketplace and facilitating Exchange believes would simplify the rule. investor protection. 15 See proposed Rule 6.91(c)(3). would encourage competition and 16 See NYSE MKT Rule 935NY(iii). See also supra n. 10. 18 15 U.S.C. 78f(b). 21 See supra nn. 16, 17. 17 See BOX IM–7140–2; see also Box Rule 19 See supra n. 7. 22 See supra n. 7. 7245(f)(1). 20 See supra nn. 10, 12. 23 See supra nn. 16, 17.

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(C) Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be the transfer agent to determine whether Statement on Comments on the available for Web site viewing and to accept or reject guarantees from Proposed Rule Change Received From printing in the Commission’s Public eligible guarantor institutions. Transfer Members, Participants or Others Reference Room, 100 F Street, NE., agents must maintain, for a period of The Exchange has neither solicited Washington, DC 20549, on official three years following the date of a nor received written comments on the business days between the hours of rejection of transfer, a record of all proposed rule change. 10:00 a.m. and 3:00 p.m. Copies of the transfers rejected, along with the reason filing will also be available for for the rejection, identification of the III. Date of Effectiveness of the inspection and copying at the principal guarantor, and whether the guarantor Proposed Rule Change and Timing for office of the Exchange. All comments failed to meet the transfer agent’s Commission Action received will be posted without change; guarantee standard. These Within 45 days of the date of the Commission does not edit personal recordkeeping requirements assist the publication of this notice in the Federal identifying information from Commission and other regulatory Register or up to 90 days (i) as the submissions. You should submit only agencies with monitoring transfer agents Commission may designate if it finds information that you wish to make and ensuring compliance with the rule. such longer period to be appropriate available publicly. All submissions should refer to File Number SR– There are approximately 429 and publishes its reasons for so finding registered transfer agents. The staff or (ii) as to which the self-regulatory NYSEArca-2015–43 and should be submitted on or before June 29, 2015. estimates that each transfer agent will organization consents, the Commission spend about 40 hours annually to will: For the Commission, by the Division of comply with Rule 17Ad–15, or a total of (A) By order approve or disapprove Trading and Markets, pursuant to delegated 24 17,160 hours for all transfer agents (429 the proposed rule change, or authority. × Robert W. Errett, 40 hours = 17,160 hours). The (B) institute proceedings to determine Commission staff estimates that whether the proposed rule change Deputy Secretary. compliance staff work at each registered should be disapproved. [FR Doc. 2015–13871 Filed 6–5–15; 8:45 am] transfer agent will result in an internal IV. Solicitation of Comments BILLING CODE 8011–01–P cost of compliance (at an estimated hourly wage of $283) of $11,320 per Interested persons are invited to × submit written data, views, and SECURITIES AND EXCHANGE year per transfer agent (40 hours $283 arguments concerning the foregoing, COMMISSION per hour = $11,320 per year). Therefore, including whether the proposed rule the aggregate annual internal cost of [OMB Control No. 3235–0409, SEC File No. compliance for the approximately 429 change is consistent with the Act. 270–360] Comments may be submitted by any of registered transfer agents is × the following methods: Proposed Collection; Comment approximately $4,856,280 ($11,320 429 = $4,856,280). Electronic Comments Request Written comments are invited on: (a) • Use the Commission’s Internet Upon Written Request, Copies Whether the proposed collection of comment form (http://www.sec.gov/ Available From: Securities and information is necessary for the proper Exchange Commission, Office of rules/sro.shtml); or performance of the functions of the FOIA Services, 100 F Street NE., • Send an email to rule-comments@ Commission, including whether the Washington, DC 20549–2736. sec.gov. Please include File Number SR– information shall have practical utility; NYSEArca–2015–43 on the subject line. Extension: (b) the accuracy of the Commission’s Rule 17Ad–15. Paper Comments estimates of the burden of the proposed • Notice is hereby given that pursuant collection of information; (c) ways to Send paper comments in triplicate to the Paperwork Reduction Act of 1995 enhance the quality, utility, and clarity to Brent J. Fields, Secretary, Securities (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the of the information on respondents; and and Exchange Commission, 100 F Street Securities and Exchange Commission (d) ways to minimize the burden of the NE., Washington, DC 20549–1090. (‘‘Commission’’) is soliciting comments collection of information on All submissions should refer to File on the existing collection of information respondents, including through the use Number SR–NYSEArca–2015–43. This provided for in Rule 17Ad–15 (17 CFR of automated collection techniques or file number should be included on the 240.17Ad–15) under the Securities other forms of information technology. subject line if email is used. To help the Exchange Act of 1934 (15 U.S.C. 78a et Consideration will be given to Commission process and review your seq.). The Commission plans to submit comments and suggestions submitted in comments more efficiently, please use this existing collection of information to writing within 60 days of this only one method. The Commission will the Office of Management and Budget publication. post all comments on the Commission’s (‘‘OMB’’) for extension and approval. An Agency may not conduct or Internet Web site (http://www.sec.gov/ Rule 17Ad–15 (17 CFR 240.17Ad–15) sponsor, and a person is not required to rules/sro.shtml). Copies of the under the Securities Exchange Act of respond to, a collection of information submission, all subsequent 1934 (15 U.S.C. 78a et seq.) (the ‘‘Act’’) under the PRA unless it displays a amendments, all written statements requires approximately 429 transfer with respect to the proposed rule agents to establish written standards for currently valid OMB control number. change that are filed with the the acceptance or rejection of guarantees Please direct your written comments Commission, and all written of securities transfers from eligible to: Pamela Dyson, Director/Chief communications relating to the guarantor institutions. Transfer agents Information Officer, Securities and proposed rule change between the are required to establish procedures to Exchange Commission, c/o Remi Pavlik- Commission and any person, other than ensure that those standards are used by Simon, 100 F Street NE., Washington, those that may be withheld from the DC 20549, or send an email to: PRA_ public in accordance with the 24 17 CFR 200.30–3(a)(12). [email protected].

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Dated: June 2, 2015. and (10), permit consideration of the × 5 hours) for a total burden of 290,000 Robert W. Errett, scheduled matter at the Closed Meeting. hours annually. In addition, we estimate Deputy Secretary. Chair White, as duty officer, voted to that 25% of the 5 hours per response [FR Doc. 2015–13872 Filed 6–5–15; 8:45 am] consider the item listed for the Closed (1.25 hours) is prepared by the filer for BILLING CODE 8011–01–P Meeting in closed session, and an annual reporting burden of 72,500 determined that Commission business hours (1.25 hours per response × 58,000 required consideration earlier than one responses). SECURITIES AND EXCHANGE week from today. No earlier notice of Written comments are invited on: (a) COMMISSION this Meeting was practicable. Whether the proposed collection of The subject matter of June 8, 2015 information is necessary for the proper Sunshine Act Meeting Closed Meeting will be: performance of the functions of the Post argument discussion agency, including whether the Notice is hereby given, pursuant to For further information, please information has practical utility; (b) the the provisions of the Government in the contact the Office of the Secretary at accuracy of the agency’s estimate of the Sunshine Act, Public Law 94–409, that (202) 551–5400. burden imposed by the collection of the Securities and Exchange information; (c) ways to enhance the Dated: June 2, 2015. Commission will hold an Open Meeting quality, utility, and clarity of the Brent J. Fields, on June 8, 2015, at 1:00 p.m., in Room information collected; and (d) ways to 10800 at the Commission’s headquarters Secretary. minimize the burden of the collection of building, to hear oral argument in cross- [FR Doc. 2015–13984 Filed 6–4–15; 11:15 am] information on respondents, including appeals by Timbervest, LLC, Joel Barth BILLING CODE 8011–01–P through the use of automated collection Shapiro, Walter William Anthony techniques or other forms of information Boden, III, Donald David Zell, Jr., technology. Consideration will be given SECURITIES AND EXCHANGE Gordon Jones II (collectively, to comments and suggestions submitted COMMISSION Respondents), and the Division of in writing within 60 days of this Enforcement from an initial decision of [Extension: Regulation FD; OMB Control publication. an administrative law judge. No.: 3235–0536, SEC File No. 270–475] Please direct your written comments On August 20, 2014, the law judge to Pamela Dyson, Director/Chief found that Timbervest violated Sections Proposed Collection; Comment Information Officer, Securities and 206(1) and 206(2) of the Investment Request Exchange Commission, c/o Remi Pavlik- Advisers Act in connection with a Upon Written Request Copies Available Simon, 100 F Street NE., Washington, _ repurchase arrangement and real estate From: Securities and Exchange DC 20549; or send an email to: PRA commissions. The law judge also found Commission Office of FOIA Services [email protected]. that each of the individual Respondents 100 F Street NE., Washington, DC Dated: June 2, 2015. aided, abetted, and caused the Section 20549–2736. Robert W. Errett, 206 violations that were connected to Notice is hereby given that, pursuant Deputy Secretary. the repurchase agreement. But the law to the Paperwork Reduction Act of 1995 judge concluded that only Shapiro and [FR Doc. 2015–13874 Filed 6–5–15; 8:45 am] (44 U.S.C. 3501 et seq.), the Securities BILLING CODE 8011–01–P Boden acted with scienter in furthering and Exchange Commission Timbervest’s violations related to the (‘‘Commission’’) is soliciting comments real estate commissions; the law judge on the collection of information SECURITIES AND EXCHANGE concluded that Zell and Jones were summarized below. The Commission COMMISSION merely negligent. The law judge plans to submit this existing collection accordingly found that Shapiro and of information to the Office of [Extension: Rule 206(4)–3; OMB Control No. 3235–0242, SEC File No. 270–218] Jones aided, abetted, and caused Management Budget for extension and Timbervest’s Sections 206(1) and 206(2) approval. violations, but found that Jones and Zell Proposed Collection; Comment Regulation FD (17 CFR 243.100 et Request aided, abetted, and caused only seq.)—Other Disclosure Materials Timbervest’s Section 206(2) violation. requires public disclosure of material Upon Written Request, Copies Available The law judge imposed cease-and-desist information from issuers of publicly From: Securities and Exchange orders on Respondents and ordered traded securities so that investors have Commission, Office of FOIA Services, disgorgement. current information upon which to base 100 F Street NE., Washington, DC The issues likely to considered at oral investment decisions. The purpose of 20549–2736. argument include whether Respondents the regulation is to require: (1) An issuer Notice is hereby given that, pursuant violated Advisers Act Sections 206(1) that intentionally discloses material to the Paperwork Reduction Act of 1995 and 206(2) as alleged and, if so, the information, to do so through public (44 U.S.C. 3501 et seq.), the Securities extent to which they should be disclosure, not selective disclosure; and and Exchange Commission sanctioned for those violations. Also (2) to make prompt public disclosure of (‘‘Commission’’) is soliciting comments likely to be considered at oral argument material information that was on the collection of information is whether these administrative unintentionally selectively disclosed. summarized below. The Commission proceedings violate the U.S. We estimate that approximately 13,000 plans to submit this existing collection Constitution. issuers make Regulation FD disclosures of information to the Office of The General Counsel of the approximately five times a year for a Management and Budget for extension Commission, or her designee, has total of 58,000 submissions annually, and approval. certified that, in her opinion, one or not including an estimated 7,000 issuers Rule 206(4)–3 (17 CFR 275.206(4)–3) more of the exemptions set forth in 5 who file Form 8–K to comply with under the Investment Advisers Act of U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) Regulation FD. We estimate that it takes 1940, which is entitled ‘‘Cash Payments and 17 CFR 200.402(a)(3), (5), (7), 9(ii) 5 hours per response (58,000 responses for Client Solicitations,’’ provides

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restrictions on cash payments for client publication. The Commission may not Section 19(b)(2) of the Act 5 provides solicitations. The rule requires that an conduct or sponsor a collection of that, within 45 days of the publication adviser pay all solicitors’ fees pursuant information unless it displays a of notice of the filing of a proposed rule to a written agreement. When an adviser currently valid OMB number. No person change, or within such longer period up will provide only impersonal advisory shall be subject to any penalty for failing to 90 days as the Commission may services to the prospective client, the to comply with a collection of designate if it finds such longer period rule imposes no disclosure information subject to the PRA that does to be appropriate and publishes its requirements. When the solicitor is not display a valid OMB number. reasons for so finding or as to which the affiliated with the adviser and the Please direct your written comments self-regulatory organization consents, adviser will provide individualized to Pamela Dyson, Director/Chief the Commission shall either approve the advisory services to the prospective Information Officer, Securities and proposed rule change, disapprove the client, the solicitor must, at the time of Exchange Commission, C/O Remi proposed rule change, or institute the solicitation or referral, indicate to Pavlik-Simon, 100 F Street NE., proceedings to determine whether the the prospective client that he is Washington, DC 20549; or send an email proposed rule change should be affiliated with the adviser. When the to: [email protected]. disapproved. The Commission is extending this 45-day time period. The solicitor is not affiliated with the Dated: June 2, 2015. Commission finds that it is appropriate adviser and the adviser will provide Robert W. Errett, individualized advisory services to the to designate a longer period within Deputy Secretary. prospective client, the solicitor must, at which to take action on the proposed the time of the solicitation or referral, [FR Doc. 2015–13876 Filed 6–5–15; 8:45 am] rule change so that it has sufficient time provide the prospective client with a BILLING CODE 8011–01–P to consider the proposed rule change. copy of the adviser’s brochure and a Accordingly, the Commission, disclosure document containing pursuant to Section 19(b)(2) of the Act,6 SECURITIES AND EXCHANGE information specified in rule 206(4)–3. designates July 20, 2015, as the date by COMMISSION Amendments to rule 206(4)–3, adopted which the Commission shall either in 2010 in connection with rule 206(4)– [Release No. 34–75093; File No. SR– approve or disapprove or institute 5, specify that solicitation activities NYSEArca–2015–25] proceedings to determine whether to involving a government entity, as disapprove the proposed rule change defined in rule 206(4)–5, are subject to Self-Regulatory Organizations; NYSE (File Number SR–NYSEArca–2015–25). the additional limitations of rule Arca, Inc.; Notice of Designation of a For the Commission, by the Division of 206(4)–5. The information rule 206(4)– Longer Period for Commission Action Trading and Markets, pursuant to delegated 3 requires is necessary to inform on Proposed Rule Change, as Modified authority.7 advisory clients about the nature of the by Amendment No. 1, To List and Robert W. Errett, solicitor’s financial interest in the Trade Shares of the iShares iBonds Deputy Secretary. recommendation so the prospective Dec 2021 AMT-Free Muni Bond ETF [FR Doc. 2015–13868 Filed 6–5–15; 8:45 am] clients may consider the solicitor’s and iShares iBonds Dec 2022 AMT- BILLING CODE 8011–01–P potential bias, and to protect clients Free Muni Bond ETF Under NYSE Arca against solicitation activities being Equities Rule 5.2(j)(3) carried out in a manner inconsistent SECURITIES AND EXCHANGE June 2, 2015. with the adviser’s fiduciary duty to COMMISSION clients. Rule 206(4)–3 is applicable to On March 31, 2015, NYSE Arca, Inc. (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed [Release No. 34–75094: File No. SR–DTC– all Commission-registered investment 2015–007] advisers. The Commission believes that with the Securities and Exchange Commission (the ‘‘Commission’’), approximately 4,422 of these advisers 1 Self-Regulatory Organizations; The have cash referral fee arrangements. The pursuant to Section 19(b)(1) of the Depository Trust Company; Notice of Securities Exchange Act of 1934 (the rule requires approximately 7.04 burden 2 3 Filing of Proposed Rule Change hours per year per adviser and results in ‘‘Act’’) and Rule 19b–4 thereunder, a Regarding the Discontinuance of the a total of approximately 31,130 total proposed rule change to list and trade Distribution of Fractional Shares in burden hours (7.04 × 4,422) for all shares of the following series of the Respect of Corporate Actions for New advisers. iShares Trust: iShares iBonds Dec 2021 Issues in DTC’s System AMT-Free Muni Bond ETF and iShares Written comments are invited on: (a) iBonds Dec 2022 AMT-Free Muni Bond June 2, 2015. Whether the proposed collection of ETF under NYSE Arca Equities Rule Pursuant to Section 19(b)(1) 1 of the information is necessary for the proper 5.2(j)(3), Commentary .02. On April 14, Securities Exchange Act of 1934 (‘‘Act’’) performance of the functions of the 2015, the Exchange filed Amendment and Rule 19b–4 2 thereunder, notice is agency, including whether the No. 1 to the proposed rule change, hereby given that on May 27, 2015, The information will have practical utility; which superseded the original filing. Depository Trust Company (‘‘DTC’’) (b) the accuracy of the agency’s estimate The proposed rule change, as modified filed with the Securities and Exchange of the burden of the collection of by Amendment No. 1, was published for Commission (‘‘Commission’’) the information; (c) ways to enhance the comment in the Federal Register on proposed rule change as described in quality, utility, and clarity of the April 21, 2015.4 The Commission has Items I, II and III below, which Items information collected; and (d) ways to received no comment letters on the have been prepared by DTC. The minimize the burden of the collection of proposed rule change. Commission is publishing this notice to information on respondents, including through the use of automated collection 1 15 U.S.C. 78s(b)(1). 5 15 U.S.C. 78s(b)(2). techniques or other forms of information 2 15 U.S.C. 78a. 6 Id. technology. Consideration will be given 3 17 CFR 240.19b–4. 7 17 CFR 200.30–3(a)(31). to comments and suggestions submitted 4 See Securities Exchange Act Release No. 74730 1 15 U.S.C. 78s(b)(1). in writing within 60 days of this (April 15, 2015), 80 FR 22234 (‘‘Notice’’). 2 17 CFR 240.19b–4.

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solicit comments on the proposed rule shares, whether in the form of shares or Implementation change from interested persons. cash, once received from the issuer’s The effective date of the proposed I. Clearing Agency’s Statement of the transfer or paying agent, are credited by rule change would be announced via a Terms of Substance of the Proposed DTC in proportional amounts to the DTC Important Notice. Rule Change respective accounts of Participants depending on the amount shares of the 2. Statutory Basis The proposed rule change by DTC issue they have on deposit. Participants By eliminating the distribution of would discontinue the option offered by then distribute credits on their own fractional shares for new issues within DTC to issuers that allows for the books, as applicable, to their customers DTC’s system, the proposed rule change distribution of fractional shares of would improve efficiencies for investors securities in DTC’s system, when DTC is that hold beneficial interests in those shares. relating to the disposition of fractional handling fractional dispositions of shares in corporate action events, as shares resulting from corporate actions, The first two options for handling the well as reduce the costs for DTC and the for new issues, as more fully described disposition of fractional shares are industry relating to DTC tracking, below.3 The proposed change does not specified in the DTC Distributions processing and reporting on separate affect the text of DTC’s Rules and 5 Service Guide (‘‘Guide’’) and DTC’s Fractional Identifiers for those issues. Procedures. 6 Operational Arrangements (‘‘OA’’). Therefore, by improving efficiencies for II. Clearing Agency’s Statement of the Distributions of fractional shares in investors and reducing costs for DTC Purpose of, and Statutory Basis for, the DTC’s system under the third option are and the industry, the proposed rule Proposed Rule Change delivered to Participants in accordance change is consistent with the provisions 8 In its filing with the Commission, with the provisions of DTC Rule 6 that of Section 17A(b)(3)(F) of the Act, DTC included statements concerning are applicable to DTC services related to which requires that the rules of the 7 the purpose of, and basis for, the Deposited Securities. clearing agency be designed, inter alia, to promote the prompt and accurate proposed rule change and discussed any Proposal comments it received on the proposed clearance and settlement of securities rule change. The text of these statements Fractional shares are not tradable. The transactions, as well as, in general, may be examined at the places specified distribution of fractional shares in protect the interests of investors. in Item IV below. DTC has prepared respect of corporate actions reduces (B) Clearing Agency’s Statement on summaries, set forth in sections A, B, efficiencies for investors in an issue, Burden on Competition and C below, of the most significant including with respect to the value and DTC does not believe that the aspects of such statements. transferability of assets delivered, as proposed rule change would have any (A) Clearing Agency’s Statement of the investors are required to wait for an impact, or impose any burden, on Purpose of, and Statutory Basis for, the extended period for the aggregation of competition. Proposed Rule Change fractional shares into a full share that may be traded. Tracking, processing and (C) Clearing Agency’s Statement on 1. Purpose reporting of fractional shares separately Comments on the Proposed Rule The purpose of the proposed rule from the associated CUSIP, which are Change Received From Members, Participants, or Others change is to discontinue the option necessitated by this process, increases offered by DTC to issuers that allows for costs to DTC and the industry. Written comments relating to the the distribution of fractional shares of proposed rule change have not yet been In order to improve efficiencies for securities in DTC’s system, when DTC is solicited or received. DTC will notify investors and reduce costs for DTC and handling fractional dispositions of the Commission of any written shares resulting from corporate actions, the industry, DTC proposes to comments received by DTC. for new issues, as more fully described discontinue the option for issuers to III. Date of Effectiveness of the below. distribute any fractional shares for new issues into DTC’s system. DTC would Proposed Rule Change and Timing for Background continue to allow issuers undergoing a Commission Action When a securities issue is made corporate action with a choice between: Within 45 days of the date of eligible at DTC, DTC offers three options (i) The rounding up and dropping of publication of this notice in the Federal to the issuer for handling the fractions, and (ii) the payment of cash- Register or within such longer period disposition of fractional shares in DTC’s in-lieu of fractional shares. DTC would up to 90 days (i) as the Commission may system resulting from a corporate action maintain the Fractional Identifiers designate if it finds such longer period for the issue. The issuer may: (i) Round previously designated for existing to be appropriate and publishes its up to the next full share or drop fractional shares within DTC, and reasons for so finding or (ii) as to which fractions, (ii) pay ‘‘cash-in-lieu’’ of continue to perform corporate actions the self-regulatory organization fractional shares, or (iii) issue the processing with respect to those consents, the Commission will: fractional shares into an identifying Fractional Identifiers. (A) By order approve or disapprove number (‘‘Fractional Identifier’’) such proposed rule change, or generated by DTC.4 The assets (B) institute proceedings to determine 5 See the Guide, p. 31, available at http:// comprising the disposition of fractional www.dtcc.com/∼/media/Files/Downloads/legal/ whether the proposed rule change service-guides/Distributions%20Service%2 should be disapproved. 3 Terms not otherwise defined herein have the 0Guide%20FINAL%20November%202014.pdf. meaning set forth in the DTC Rules and Procedures 6 See the OA, p. 31, available at http:// IV. Solicitation of Comments (‘‘DTC Rules’’), available at http://www.dtcc.com/ www.dtcc.com/∼/media/Files/Downloads/legal/ Interested persons are invited to legal/rules-and-procedures.aspx. issue-eligibility/eligibility/operational- submit written data, views and 4 The Fractional Identifier generated for the third arrangements.pdf. option above is separate from the CUSIP® identifier 7 See DTC Rules (Rule 6 (Services)), p. 45, arguments concerning the foregoing, (‘‘CUSIP’’) that is universally recognized by the available at http://www.dtcc.com/∼/media/Files/ marketplace. Downloads/legal/rules/dtc_rules.pdf. 8 15 U.S.C. 78q–1(b)(3)(F).

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including whether the proposed rule For the Commission, by the Division of separate from the duration of the COA change is consistent with the Act. Trading and Markets, pursuant to delegated Response Time Interval. The text of the 9 Comments may be submitted by any of authority. proposed rule change is available on the the following methods: Robert W. Errett, Exchange’s Web site at www.nyse.com, Deputy Secretary. at the principal office of the Exchange, Electronic Comments [FR Doc. 2015–13869 Filed 6–5–15; 8:45 am] and at the Commission’s Public • Use the Commission’s Internet BILLING CODE 8011–01–P Reference Room. comment form (http://www.sec.gov/ II. Self-Regulatory Organization’s rules/sro.shtml); or SECURITIES AND EXCHANGE Statement of the Purpose of, and • Send an email to rule-comments@ COMMISSION Statutory Basis for, the Proposed Rule sec.gov. Please include File Number SR– Change [Release No. 34–75095; File No. SR– In its filing with the Commission, the DTC–2015–007 on the subject line. NYSEMKT–2015–41] Exchange included statements Paper Comments Self-Regulatory Organizations; NYSE concerning the purpose of and basis for • Send paper comments in triplicate MKT LLC; Notice of Filing of Proposed the proposed rule change and discussed to Brent J. Fields, Secretary, Securities Rule Change Amending Rule 980NY(e), any comments it received on the proposed rule change. The text of these and Exchange Commission, 100 F Electronic Complex Order Auction statements may be examined at the Street, NE., Washington, DC 20549– Process Removing the Limitation on places specified in Item IV below. The 1090. Who Can Respond to a COA and Provide a Response Time Interval of at Exchange has prepared summaries, set All submissions should refer to File Least 500 Milliseconds; and Amend forth in Sections A, B, and C below, of Number SR–DTC–2015–007. This file Rule 935NY, Order Exposure the most significant parts of such number should be included on the Requirements To Add Use of the COA statements. subject line if email is used. To help the for a User To Satisfy the Order (A) Self-Regulatory Organization’s Commission process and review your Exposure Requirement in Rule 935NY Statement of the Purpose of, and comments more efficiently, please use and Delete the Reference in Rule Statutory Basis for, the Proposed Rule only one method. The Commission will 980NY(e) to the Order Exposure Change post all comments on the Commission’s Requirements Being Separate From Internet Web site (http://www.sec.gov/ the Duration of the COA Response 1. Purpose rules/sro.shtml). Copies of the Time Interval Participation in and Minimum Response Time Interval for the COA submission, all subsequent June 2, 2015 amendments, all written statements Pursuant to Section 19(b)(1) 1 of the The Exchange operates COA, which with respect to the proposed rule Securities Exchange Act of 1934 (the allows an entering ATP Holder to change that are filed with the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 initiate an auction for eligible Electronic Commission, and all written notice is hereby given that on May 21, Complex Orders (‘‘COA-eligible communications relating to the 2015, NYSE MKT LLC (the ‘‘Exchange’’ orders’’).4 Upon receiving a COA- proposed rule change between the or ‘‘NYSE MKT’’) filed with the eligible order, and the direction from Commission and any person, other than Securities and Exchange Commission the entering ATP Holder that an auction those that may be withheld from the (the ‘‘Commission’’) the proposed rule be initiated, the Exchange sends an public in accordance with the change as described in Items I, II, and automated request for response message provisions of 5 U.S.C. 552, will be III below, which Items have been (‘‘RFR’’) to all ATP Holders who available for Web site viewing and prepared by the Exchange. The subscribe to RFR messages.5 ATP printing in the Commission’s Public Commission is publishing this notice to Holders that are eligible to participate in Reference Room, 100 F Street NE., solicit comments on the proposed rule a COA may respond to an RFR message Washington, DC 20549 on official change from interested persons. (‘‘RFR Responses’’) indicating the price business days between the hours of and the number of contracts they would I. Self-Regulatory Organization’s be willing trade in the COA. RFR 10:00 a.m. and 3:00 p.m. Copies of the Statement of the Terms of Substance of filing also will be available for Responses must be submitted during the the Proposed Rule Change Response Time Interval (‘‘RTI’’), the inspection and copying at the principal The Exchange proposes to: (1) Amend duration of which is determined by the office of DTC and on DTCC’s Web site Rule 980NY(e) (Electronic Complex Exchange, but may not exceed one (1) (http://dtcc.com/legal/sec-rule- Order Auction (‘‘COA’’) Process) to second.6 filings.aspx). All comments received remove the limitation on who can Rule 980NY(e)(4) currently provides will be posted without change; the respond to a COA and to provide a that each Market Maker with an Commission does not edit personal Response Time Interval of at least 500 appointment in the relevant option identifying information from milliseconds; and (2) amend Rule submissions. You should submit only 935NY (Order Exposure Requirements) 4 The Exchange may determine, on a class by information that you wish to make to add use of the COA as a means for class basis, which Electronic Complex Orders are available publicly. All submissions eligible for a COA based on marketability (defined a User to satisfy the Order Exposure as a number of ticks from the current market), size, should refer to File Number SR–DTC– Requirement in Rule 935NY and delete and Complex Order origin type. See Rule 2015–007 and should be submitted on the reference in Rule 980NY(e) to the 980NY(e)(1). or before June 29, 2015. Order Exposure Requirements being 5 RFR messages identify the component series, size and side of the market of the order and any contingencies. See Rule 980NY(e)(2). 9 17 CFR 200.30–3(a)(12). 6 See Rule 980NY(e)(3) (stating, in part,’’[t]he 1 15 U.S.C. 78s(b)(1). Exchange will determine the length of the Response 2 15 U.S.C. 78a. Time Interval; provided, however, that the duration 3 17 CFR 240.19b–4. shall not exceed one (1) second.’’).

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class, and each ATP Holder acting as orders in the COA.9 The proposed 500 • The User has been bidding or agent for orders resting at the top of the millisecond minimum for the RTI is offering on the Exchange for at least one Consolidated Book in the relevant comparable to the response time (1) second prior to receiving an agency options series may submit RFR interval in the Exchange’s Customer order that is executable against such bid Responses during an RTI. The Exchange Best Execution (‘‘CUBE’’) Auction for or offer; or proposed to amend Rule 980NY(e)(4) to single-leg orders, which disseminates an • The User utilizes the Customer Best provide that any ATP Holder may RFR message for an auction lasting a Execution Auction (‘‘CUBE Auction’’) submit RFR Responses during the RTI. random period of time of between 500 pursuant to Rule 971.1NY. The Exchange believes that the and 750 milliseconds.10 In addition, The Exchange proposes to amend proposed amendment may increase BOX Options Exchange LLC (‘‘BOX’’)’s Rule 935NY to also permit a User who participation in COAs, which would Complex Order Price Improvement utilizes the COA pursuant to Rule foster greater competition and provide Period (‘‘COPIP’’), like the Exchange’s 980NY(e) to submit a principal order additional price improvement COA, is designed to offer price during the RTI to trade against an order opportunities for COA-eligible orders improvement to complex orders, and is it represents as agent.14 As described 11 exposed during the COA. In addition, only 100 milliseconds in length. above, the Exchange is proposing a the Exchange believes the proposed Although both the CUBE and the COPIP minimum duration for the RTI of 500 amendment is fair and reasonable and relate to electronic crossing transactions milliseconds. RTIs would thus last for at would benefit market participants and provide for a guaranteed execution, least 500 milliseconds and no more than because it would enable the Exchange to the Exchange believes the CUBE and one (1) second, as determined by the better compete with option exchanges COPIP are analogous to the COA as they Exchange.15 that permit all members to participate in are designed to attract liquidity and As stated above, the Exchange electronic auctions for crossing provide opportunities for price believes that a COA with an RTI of at transactions that are similar to the improvement. least 500 milliseconds is a sufficient COA.7 Amendment To Order Exposure length of time to permit ATP Holders to respond to a RFR and enhance As noted above, the duration of a Requirements opportunities for competition among COA is determined by the Exchange, but In addition, the Exchange proposes to participants, increasing the likelihood may not exceed one (1) second. amend Rule 935NY by adding that use for price improvement for the COA- Currently, the Exchange has not of the COA is a means for a User to eligible order in the COA. Accordingly, established a minimum duration for the satisfy the Order Exposure Requirement the Exchange proposes to amend Rule RTI. The Exchange believes it is in Rule 935NY. Exchange Rule 935NY 12 935NY to state that a User may execute important to establish a minimum prohibits Users (i.e., ATP Holders) as principal an order that the User duration for the RTI to ensure that from trading as principal with orders represents as agent if the User avails orders entered into a COA are exposed they represent as agent unless the order itself of COA pursuant to Rule for a sufficient time period to allow the exposure requirements under the rule 980NY(e). Thus, an Electronic Complex opportunity for participating ATP are met. The order exposure Order subject to a COA would not be Holders to provide RFR Responses. requirements are designed to enhance subject to the one-second order Accordingly, the Exchange is proposing opportunities for competition among 13 exposure requirement of Rule 935NY. to establish a minimum of 500 market participants. Specifically, a This exclusion from the one-second milliseconds as the length of time the User may only trade as principal with order exposure requirement is Exchange may determine for the RTI, an order it represents as agent if: consistent with the treatment of orders • The agency order is first exposed on with the maximum length of time in the CUBE Auction, which has a 8 the Exchange for at least one (1) second; continuing to be one (1) second. minimum duration of 500 milliseconds, The Exchange believes that a as is proposed for COA.16 This proposed 9 In May 2015, to determine whether the minimum of 500 milliseconds is a proposed RTI would provide sufficient time to exception is also consistent with the sufficient time to submit RFR Responses respond to a COA, the Exchange conducted a treatment of similar orders entered in and would encourage competition survey of ATP Holders to determine whether their the BOX Complex Order Price among participants, thereby enhancing firms ‘‘could respond to an auction lasting 100 Improvement Period.17 Consistent with milliseconds.’’ Of the ATP Holders that have the potential for price improvement for electronic access to the Exchange and are able to Rule 935NY Commentary .01, ATP submit responses to a COA (the ‘‘Relevant ATP Holders shall only use COA where there 7 See, e.g., ISE Rule 723(a) (Price Improvement Holders’’), thirteen (13) responded the survey. Of is a genuine intention to execute bona Orders may be entered by all Members for their own the thirteen (13) Relevant ATP Holders, ten (10)— fide transactions. or 77%—said that they could respond to an auction account or for the account of a Public Customer in The Exchange also proposes to delete one-cent increments at the same price as the lasting 100 milliseconds. Thus, the Exchange Crossing Transaction or at an improved price for the believes that the proposed RTI duration of at least rule text from Rule 980NY(e)(3), which Agency Order, and for any size up to the size of the 500 milliseconds would provide a meaningful provides that ‘‘[t]he obligations of Rule Agency Order). The Exchange also notes that it opportunity for participants on the Exchange to respond to a COA while at the same time 935NY, Order Exposure Requirements, places no restriction on the ATP Holders that may are separate from the duration of the participate in a Customer Best Execution (‘‘CUBE’’) facilitating the prompt execution of orders. Auction for single-legged transactions on the 10 See Rule 971.1NY(c)(2)(B). Response Time Interval.’’ The Exchange Exchange. See Rule 971.1(c)(2)(C). The Exchange 11 See Box Rule 7245(f)(1). is proposing to delete this text because believes that although ISE Rule 723(a) and Rule 12 A ‘‘User’’ is ‘‘any ATP Holder that is authorized it would no longer be accurate with the 971.1NY relate to electronic crossing transactions to obtain access to the System pursuant to Rule and provide for a guaranteed execution, these 902.1NY.’’ 14 electronic auction mechanisms are analogous to the 13 See Rule 935NY Commentary .01 (‘‘Rule See proposed Rule 935NY(iv). The Exchange COA as they are designed to attract liquidity to the 935NY prevents a User from executing agency also proposes to add semi-colons to separate the exchange and provide opportunities for price orders to increase its economic gain from trading subparts of Rule 935NY, in lieu of ‘‘or’’, which the improvement. against the order without first giving other trading Exchange believes would simplify the rule. 8 See proposed Rule 980NY(e)(3) (providing that interest on the Exchange an opportunity to either 15 See proposed Rule 980NY(e)(3). ‘‘the that the duration [of the RTI] shall not be less trade with the agency order or to trade at the 16 See Rule 935NY(iii). See also supra n. 10. than 500 milliseconds and shall not exceed one (1) execution price when the User was already bidding 17 See BOX IM–7140–2; see also Box Rule second.’’). or offering on the book.’’) 7245(f)(1).

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proposed changes to Rule 935NY agent promotes just and equitable consistency, thereby reducing burdens described above. principles of trade because the proposed on the marketplace and facilitating minimum of 500 milliseconds for the investor protection. 2. Statutory Basis RTI would provide ample time for (C) Self-Regulatory Organization’s The Exchange believes that its participants in the COA to respond and proposal is consistent with Section would encourage competition and Statement on Comments on the 6(b)(5) of the Securities Exchange Act of opportunities for price improvement, to Proposed Rule Change Received From 1934 (the ‘‘Act’’),18 which requires the the benefit of investors and the public Members, Participants or Others rules of an exchange to promote just and interest. In addition, exempting The Exchange has neither solicited equitable principles of trade, to remove Electronic Complex Orders subject to a nor received written comments on the impediments to and perfect the COA from the one-second order proposed rule change. mechanism of a free and open market exposure requirement of Rule 935NY is III. Date of Effectiveness of the and a national market system and, in consistent with the treatment of orders Proposed Rule Change and Timing for general, to protect investors and the in the CUBE Auction as well as the Commission Action public interest. treatment of similar orders entered in The Exchange believes that the the BOX Complex Order Price Within 45 days of the date of proposed rule change to amend Rule Improvement Period.21 Additionally, publication of this notice in the Federal 980NY(e)(4) to provide that any ATP the Exchange believes the proposed Register or up to 90 days (i) as the Holder may submit an RFR Response exemption from Rule 935NY would Commission may designate if it finds during an RTI would remove reduce market risk for ATP Holders such longer period to be appropriate impediments to and perfect the responding to COA-eligible orders by and publishes its reasons for so finding mechanism of a free and open market providing timely executions of these or (ii) as to which the self-regulatory and a national market system because it orders. organization consents, the Commission could result in increased participation Accordingly, for foregoing reasons, will: in the COA process, which should the Exchange believes the proposed (A) By order approve or disapprove increase competition within a COA, change is consistent with the Act. the proposed rule change, or potentially offering greater price (B) institute proceedings to determine improvement opportunities to the COA- (B) Self-Regulatory Organization’s whether the proposed rule change Statement on Burden on Competition eligible order. The Exchange notes that should be disapproved. The Exchange does not believe that at least two other options exchanges IV. Solicitation of Comments allow all members to participate in the proposed rule change will impose electronic auctions similar to the any burden on competition that is not Interested persons are invited to COA.19 necessary or appropriate in furtherance submit written data, views, and The Exchange believes the proposed of the purposes of the Act. The arguments concerning the foregoing, minimum of 500 milliseconds for a RTI Exchange believes the proposal to allow including whether the proposed rule within a COA promotes just and all OTP Holders to participate in the change is consistent with the Act. equitable principles of trade and COA process should increase the level Comments may be submitted by any of removes impediments to a free and open of competition within COAs, which will the following methods: market because it allow [sic] sufficient increase opportunities to trade for all Electronic Comments time for ATP Holders participating in a participants on the Exchange and may • COA to submit RFR Responses and increase opportunities for COA-eligible Use the Commission’s Internet would encourage competition among orders to receive price improvement. comment form (http://www.sec.gov/ The Exchange also believes that this rules/sro.shtml); or participants, thereby enhancing the • potential for price improvement for proposed expansion would enable the Send an email to rule-comments@ orders in the COA to the benefit of Exchange to better compete with other sec.gov. Please include File Number SR– investors and public interest. The options exchanges that already offer all NYSEMKT–2015–41 on the subject line. Exchange believes the proposed rule participants the ability to participate in Paper Comments change is not unfairly discriminatory electronic auctions.22 The Exchange • Send paper comments in triplicate because it establishes a minimum believes the proposed 500 millisecond to Brent J. Fields, Secretary, Securities exposure period applicable to COA- minimum for a RTI is pro-competitive and Exchange Commission, 100 F Street eligible orders, which would be the as it would afford ATP Holders NE., Washington, DC 20549–1090. same for all ATP Holders participating sufficient time to respond to a COA and in a COA. In addition, the proposed enhance opportunities for price All submissions should refer to File minimum of 500 millisecond [sic] is improvement while encouraging timely Number SR–NYSEMKT–2015–41. This consistent with CUBE and is executions. The Exchange believes that file number should be included on the comparable to BOX’s Complex Order the proposed limited exception to Rule subject line if email is used. To help the Price Improvement Period, which 935NY would enable the Exchange to Commission process and review your similar to the Exchange’s COA, is better compete with other options comments more efficiently, please use designed to offer price improvement to exchanges that already exempt market only one method. The Commission will complex orders, and is only 100 participants from the one-second order post all comments on the Commission’s milliseconds in length.20 exposure requirements when utilizing Internet Web site (http://www.sec.gov/ The Exchange believes the proposal to certain price improvement and auction rules/sro.shtml). Copies of the allow Users who utilize the COA to mechanisms.23 Accordingly, the submission, all subsequent enter an order as principal to potentially proposed rule change would also serve amendments, all written statements execute against an order it represents as to promote regulatory clarity and with respect to the proposed rule change that are filed with the 18 15 U.S.C. 78f(b). 21 See supra nn. 16, 17. Commission, and all written 19 See supra n. 7. 22 See supra n. 7. communications relating to the 20 See supra nn. 10, 11. 23 See supra nn. 16, 17. proposed rule change between the

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Commission and any person, other than States maintains WTO TRQs for imports Conversion factor: 1 metric ton = those that may be withheld from the of raw cane and refined sugar. 1.10231125 short tons. public in accordance with the Section 404(d)(3) of the Uruguay Michael B.G. Froman, provisions of 5 U.S.C. 552, will be Round Agreements Act (19 U.S.C. available for Web site viewing and 3601(d)(3)) authorizes the President to United States Trade Representative. printing in the Commission’s Public allocate the in-quota quantity of a TRQ [FR Doc. 2015–13887 Filed 6–5–15; 8:45 am] Reference Room, 100 F Street NE., for any agricultural product among BILLING CODE 3190–F5–P Washington, DC 20549, on official supplying countries or customs areas. business days between the hours of The President delegated this authority 10:00 a.m. and 3:00 p.m. Copies of the to the United States Trade DEPARTMENT OF TRANSPORTATION filing will also be available for Representative under Presidential inspection and copying at the principal Proclamation 6763 (60 FR 1007). Federal Aviation Administration office of the Exchange. All comments On September 2, 2014, the Secretary [Summary Notice No. FAA–2015–35] received will be posted without change; of Agriculture established the FY 2015 the Commission does not edit personal TRQ for imported raw cane sugar at the Petition for Exemption; Summary of identifying information from minimum to which the United States is Petition Received; International submissions. You should submit only committed pursuant to the World Trade Council of Air Shows (ICAS); information that you wish to make Organization (WTO) Uruguay Round Experimental Aircraft Association available publicly. All submissions Agreements (1,117,195 metric tons raw (EAA) Warbirds of America should refer to File Number SR– value (MTRV)). On September 9, 2014, NYSEMKT–2015–41 and should be USTR provided notice of country-by- AGENCY: Federal Aviation submitted on or before June 29, 2015. country allocations of the FY 2015 in- Administration (FAA), DOT. ACTION: For the Commission, by the Division of quota quantity of the WTO TRQ for Notice. Trading and Markets, pursuant to delegated imported raw cane sugar. Based on SUMMARY: This notice contains a authority.24 consultation with quota holders, USTR has determined to reallocate 157,937 summary of a petition seeking relief Robert W. Errett, from specified requirements of Title 14 Deputy Secretary. MTRV of the original TRQ quantity from those countries that are unable to fill of the Code of Federal Regulations. The [FR Doc. 2015–13870 Filed 6–5–15; 8:45 am] their FY 2015 allocated raw cane sugar purpose of this notice is to improve the BILLING CODE 8011–01–P quantities. USTR is allocating the public’s awareness of, and participation 157,937 MTRV to the following in, the FAA’s exemption process. countries in the amounts specified Neither publication of this notice nor OFFICE OF THE UNITED STATES below: the inclusion or omission of information TRADE REPRESENTATIVE in the summary is intended to affect the FY 2015 legal status of the petition or its final Reallocation of Unused Fiscal Year Country Reallocation disposition. 2015 Tariff-Rate Quota Volume for Raw Cane Sugar Argentina ...... 11,263 DATES: Comments on this petition must Australia ...... 21,739 identify the petition docket number and AGENCY: Office of the United States Barbados ...... 1,834 must be received on or before June 29, Trade Representative. Belize ...... 2,881 2015. ACTION: Notice. Brazil ...... 37,978 ADDRESSES: Send comments identified Colombia ...... 6,286 by docket number FAA–2015–0809 SUMMARY: The Office of the United Costa Rica ...... 3,929 using any of the following methods: States Trade Representative (USTR) is Ecuador ...... 2,881 • providing notice of country-by-country El Salvador ...... 6,810 Federal eRulemaking Portal: Go to reallocations of the FY 2015 in-quota Fiji ...... 2,357 http://www.regulations.gov and follow quantity of the World Trade Guatemala ...... 12,572 the online instructions for sending your Guyana ...... 3,143 comments electronically. Organization (WTO) tariff-rate quota • (TRQ) for imported raw cane sugar. Honduras ...... 2,619 Mail: Send comments to Docket India ...... 2,095 Operations, M–30; U.S. Department of DATES: June 8, 2015. Jamaica ...... 2,881 Transportation (DOT), 1200 New Jersey ADDRESSES: Inquiries may be mailed or Mozambique ...... 3,405 Avenue SE., Room W12–140, West Nicaragua ...... 5,500 delivered to Ronald Baumgarten, Building Ground Floor, Washington, DC Director of Agricultural Affairs, Office of Peru ...... 10,739 South Africa ...... 6,024 20590–0001. Agricultural Affairs, Office of the United • Hand Delivery or Courier: Take States Trade Representative, 600 17th Swaziland ...... 4,191 Thailand ...... 3,667 comments to Docket Operations in Street NW., Washington, DC 20508. Zimbabwe ...... 3,143 Room W12–140 of the West Building FOR FURTHER INFORMATION CONTACT: Ground Floor at 1200 New Jersey Ronald Baumgarten, Office of the These allocations are based on the Avenue SE., Washington, DC, between 9 United States Trade Representative, countries’ historical shipments to the a.m. and 5 p.m., Monday through Office of Agricultural Affairs, telephone: United States. The allocations of the raw Friday, except Federal holidays. 202–395–9583 or facsimile: 202–395– cane sugar WTO TRQ to countries that • Fax: Fax comments to Docket 4579. are net importers of sugar are Operations at 202–493–2251. SUPPLEMENTARY INFORMATION: Pursuant conditioned on receipt of the Privacy: In accordance with 5 U.S.C. to Additional U.S. Note 5 to Chapter 17 appropriate verifications of origin. 553(c), DOT solicits comments from the of the Harmonized Tariff Schedule of Certificates of quota eligibility must public to better inform its rulemaking the United States (HTS), the United accompany imports from any country process. DOT posts these comments, for which an allocation has been without edit, including any personal 24 17 CFR 200.30–3(a)(12). provided. information the commenter provides, to

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http://www.regulations.gov, as purpose of this notice is to improve the Petitioner: Those Amazing Performers described in the system of records public’s awareness of, and participation LLC DBA Team AeroDynamix. notice (DOT/ALL–14 FDMS), which can in, the FAA’s exemption process. Section(s) of 14 CFR Affected: be reviewed at http://www.dot.gov/ Neither publication of this notice nor § 91.319(c). privacy. the inclusion or omission of information Description of Relief Sought: Those Docket: Background documents or in the summary is intended to affect the Amazing Performers LLC DBA Team comments received may be read at legal status of the petition or its final AeroDynamix seeks limited relief from http://www.regulations.gov at any time. disposition. the requirements of § 91.319(c) to permit Follow the online instructions for DATES: Comments on this petition must over flights of stadiums, sporting events, accessing the docket or go to the Docket identify the petition docket number and and other large public events in certain Operations in Room W12–140 of the must be received on or before June 29, aircraft certified in the experimental, West Building Ground Floor at 1200 2015. amateur built category aircraft. New Jersey Avenue SE., Washington, ADDRESSES: Send comments identified [FR Doc. 2015–13892 Filed 6–5–15; 8:45 am] DC, between 9 a.m. and 5 p.m., Monday by docket number FAA–2015–0798 BILLING CODE 4910–13–P through Friday, except Federal holidays. using any of the following methods: FOR FURTHER INFORMATION CONTACT: • Federal eRulemaking Portal: Go to Brent Hart (202) 267–4034, Office of http://www.regulations.gov and follow DEPARTMENT OF TRANSPORTATION Rulemaking, Federal Aviation the online instructions for sending your Federal Aviation Administration Administration, 800 Independence comments electronically. Avenue SW., Washington, DC 20591. • Mail: Send comments to Docket Thirty-Third Meeting: RTCA Special This notice is published pursuant to Operations, M–30; U.S. Department of Committee 224, Airport Security 14 CFR 11.85. Transportation (DOT), 1200 New Jersey Access Control Systems Issued in Washington, DC, on June 1, 2015. Avenue SE., Room W12–140, West Brenda D. Courtney, Building Ground Floor, Washington, DC AGENCY: Federal Aviation 20590–0001. Acting Director, Office of Rulemaking. Administration (FAA), U.S. Department • Hand Delivery or Courier: Take of Transportation (DOT). Petition for Exemption comments to Docket Operations in ACTION: Meeting notice of RTCA Special Docket No.: FAA–2015–0809. Room W12–140 of the West Building Committee 224, Airport Security Access Petitioner: International Council of Ground Floor at 1200 New Jersey Control Systems. Air Shows (ICAS); Experimental Avenue SE., Washington, DC, between 9 Aircraft Association (EAA) Warbirds of a.m. and 5 p.m., Monday through SUMMARY: The FAA is issuing this notice America. Friday, except Federal holidays. to advise the public of the thirty-third • Fax: Fax comments to Docket Section(s) of 14 CFR Affected: meeting of the RTCA Special Committee Operations at 202–493–2251. § 91.319(c). 224, Airport Security Access Control Privacy: In accordance with 5 U.S.C. Description of Relief Sought: The Systems. 553(c), DOT solicits comments from the International Council of Air Shows DATES: The meeting will be held on June public to better inform its rulemaking (ICAS) and the Experimental Aircraft 25, 2015 from 10:00 a.m.–3:00 p.m. process. DOT posts these comments, Association (EAA) Warbirds of America without edit, including any personal ADDRESSES: The meeting will be held at seeks limited relief, on behalf of its information the commenter provides, to RTCA, Inc., 1150 18th Street NW., Suite members, from the requirements of http://www.regulations.gov, as 910, Washington, DC 20036. § 91.319(c) to permit over flights of described in the system of records FOR FURTHER INFORMATION CONTACT: The stadiums and sporting events by its notice (DOT/ALL–14 FDMS), which can RTCA Secretariat, 1150 18th Street NW., members in certain aircraft certified in be reviewed at http://www.dot.gov/ Suite 910, Washington, DC 20036, or by the experimental, exhibition categories privacy. telephone at (202) 833–9339, fax at (202) or aircraft with similar Special Flight Docket: Background documents or 833–9434, or Web site at http:// Authorizations (SFAs). comments received may be read at www.rtca.org. [FR Doc. 2015–13893 Filed 6–5–15; 8:45 am] http://www.regulations.gov at any time. SUPPLEMENTARY INFORMATION: Pursuant BILLING CODE 4910–13–P Follow the online instructions for to section 10(a)(2) of the Federal accessing the docket or go to the Docket Advisory Committee Act (Pub. L. 92– Operations in Room W12–140 of the DEPARTMENT OF TRANSPORTATION 463, 5 U.S.C., App.), notice is hereby West Building Ground Floor at 1200 given for a meeting of Special New Jersey Avenue SE., Washington, Federal Aviation Administration Committee 224. The agenda will include DC, between 9 a.m. and 5 p.m., Monday the following: [Summary Notice No. FAA–2015–34] through Friday, except Federal holidays. • Welcome/Introductions/ FOR FURTHER INFORMATION CONTACT: Administrative Remarks. Petition for Exemption; Summary of Brent Hart (202) 267–4034, Office of • Petition Received; Those Amazing Review/Approve Previous Meeting Rulemaking, Federal Aviation Summary. Performers LLC DBA Team Administration, 800 Independence • AeroDynamix Report from the TSA. Avenue SW., Washington, DC 20591. • Report on Safe Skies on Document AGENCY: Federal Aviation This notice is published pursuant to Distribution. Administration (FAA), DOT. 14 CFR 11.85. • Program Management Committee/ ACTION: Notice. Issued in Washington, DC, on June 1, 2015. TOR Report. Brenda D. Courtney, • Review of the Credentialing SUMMARY: This notice contains a Acting Director, Office of Rulemaking. Section. summary of a petition seeking relief • Review of Other DO–230E Sections. from specified requirements of Title 14 Petition for Exemption • Action Items for Next Meeting. of the Code of Federal Regulations. The Docket No.: FAA–2015–0798. • Time and Place of Next Meeting.

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• Any Other Business. Avenue SE., Washington, DC, between 9 ACTION: Notice of request to release • Adjourn. a.m. and 5 p.m., Monday through airport property. Attendance is open to the interested Friday, except Federal holidays. public but limited to space availability. • Fax: Fax comments to Docket SUMMARY: The FAA proposes to rule and With the approval of the chairman, Operations at 202–493–2251. invite public comment on the release of members of the public may present oral Privacy: In accordance with 5 U.S.C. land at the Colorado Springs Airport statements at the meeting. Persons 553(c), DOT solicits comments from the under the provisions of Section 125 of wishing to present statements or obtain public to better inform its rulemaking the Wendell H. Ford Aviation information should contact the person process. DOT posts these comments, Investment Reform Act for the 21st listed in the FOR FURTHER INFORMATION without edit, including any personal Century (AIR 21), now 49 U.S.C. CONTACT section. Members of the public information the commenter provides, to 47107(h)(2). may present a written statement to the http://www.regulations.gov, as DATES: Comments must be received on committee at any time. described in the system of records or before July 8, 2015. Issued in Washington, DC, on June 2, 2015. notice (DOT/ALL–14 FDMS), which can ADDRESSES: Comments on this Victoria Frazier, be reviewed at http://www.dot.gov/ application may be mailed or delivered Branch Manager, NextGen, Program privacy. to the FAA at the following address: Mr. Oversight and Administration, Federal Docket: Background documents or John P. Bauer, Manager, Federal Aviation Administration. comments received may be read at Aviation Administration, Northwest [FR Doc. 2015–13972 Filed 6–5–15; 8:45 am] http://www.regulations.gov at any time. Mountain Region, Airports Division, BILLING CODE 4910–13–P Follow the online instructions for Denver Airports District Office, 26805 E. accessing the docket or go to the Docket 68th Avenue, Suite 224, Denver, Operations in Room W12–140 of the Colorado 80249–6361. DEPARTMENT OF TRANSPORTATION West Building Ground Floor at 1200 In addition, one copy of any New Jersey Avenue SE., Washington, comments submitted to the FAA must Federal Aviation Administration DC, between 9 a.m. and 5 p.m., Monday be mailed or delivered to Mr. Troy [Summary Notice No. 2015–36] through Friday, except Federal holidays. Stover, Colorado Springs Airport, FOR FURTHER INFORMATION CONTACT: Colorado Springs, Colorado, at the Petition for Exemption; Summary of Keira Jones (202) 267–4024, Office of following address: Mr. Troy Stover, Petition Received; California Shock Rulemaking, Federal Aviation Colorado Springs Airport, 7770 Milton Trauma Air Rescue Administration, 800 Independence E. Proby Parkway, Suite 50, Colorado Avenue SW., Washington, DC 20591. Springs, Colorado 80916. AGENCY: Federal Aviation This notice is published pursuant to FOR FURTHER INFORMATION CONTACT: Mr. Administration (FAA), DOT. 14 CFR 11.85. Marc Miller, Colorado Engineer/ ACTION: Notice. Issued in Washington, DC, on June 2, 2015. Compliance Specialist, Federal Aviation Administration, Northwest Mountain SUMMARY: This notice contains a Lirio Liu, Region, Denver Airports District Office, summary of a petition seeking relief Director, Office of Rulemaking. 26805 E. 68th Avenue, Suite 224, from specified requirements of Title 14 Denver, Colorado 80249–6361. of the Code of Federal Regulations. The Petition for Exemption The request to release property may purpose of this notice is to improve the Docket No.: FAA–2015–1868. be reviewed, by appointment, in person public’s awareness of, and participation Petitioner: California Shock Trauma at this same location. in, the FAA’s exemption process. Air Rescue. SUPPLEMENTARY INFORMATION: The FAA Neither publication of this notice nor Section(s) of 14 CFR Affected: invites public comment on the request the inclusion or omission of information § 135.611. to release property at the Colorado in the summary is intended to affect the Description of Relief Sought: Springs Airport under the provisions of legal status of the petition or its final California Shock Trauma Air Rescue the AIR 21 (49 U.S.C. 47107(h)(2)). disposition. seeks relief to perform instrument flight On June 2, 2015, the FAA determined rules (IFR) departures and IFR DATES: Comments on this petition must that the request to release property at instrument approach procedures (IAP) identify the petition docket number and the Colorado Springs Airport submitted at airports and/or heliports that do not must be received on or before June 29, by the Colorado Springs Airport meets have an approved weather reporting 2015. the procedural requirements of the source, without airborne radar or ADDRESSES: Send comments identified Federal Aviation Administration. by docket number FAA–2015–1868 thunderstorm detection equipment The following is a brief overview of using any of the following methods: installed on its aircraft. the request: • Federal eRulemaking Portal: Go to [FR Doc. 2015–13882 Filed 6–5–15; 8:45 am] The Colorado Springs Airport is http://www.regulations.gov and follow BILLING CODE 4910–13–P proposing the release from the terms, the online instructions for sending your conditions, reservations, and comments electronically. restrictions on approximately 9.5 acres • Mail: Send comments to Docket DEPARTMENT OF TRANSPORTATION of federally obligated land at the Operations, M–30; U.S. Department of Colorado Springs Airport. The proposed Federal Aviation Administration Transportation (DOT), 1200 New Jersey release would allow for improvements Avenue SE., Room W12–140, West Notice of Intent To Rule on Request To to be made to the Marksheffel Road Building Ground Floor, Washington, DC Release Airport Property at the corridor adjacent to the east side of the 20590–0001. airport. Marksheffel Road is currently a • Colorado Springs Airport, Colorado Hand Delivery or Courier: Take Springs, Colorado two-lane rural arterial road with comments to Docket Operations in unimproved shoulders and roadside Room W12–140 of the West Building AGENCY: Federal Aviation ditches. For the majority of the corridor Ground Floor at 1200 New Jersey Administration (FAA), DOT. there is an inadequate roadway cross-

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section, including areas with no movement of trains to operate beyond communications and comments shoulders and a lack of turn lanes, as the 1,500 mile limit specified in section received into any of our dockets by the well as inadequate roadway and 232.213 (a list of the proposed extended name of the individual submitting the intersection capacity, lack of pedestrian/ haul trains is posted to the docket at comment (or signing the document, if bicycle facilities and sharp curves. FRA–2015–0036–0001 in Appendix A submitted on behalf of an association, These deficiencies contribute to to UPRR’s petition). UPRR states that business, labor union, etc.). In roadway crash incidences along the the requested relief will ensure they accordance with 5 U.S.C. 553(c), DOT Marksheffel Road corridor. The continue to meet customer and national solicits comments from the public to proposed airport property is expectation for deliveries of coal, grain, better inform its processes. DOT posts undeveloped and is not needed for intermodal and other commodities these comments, without edit, including present or future aviation purposes. The while safely allowing for improved any personal information the property will be sold at fair market fluidity with increased velocity. UPRR commenter provides, to value and the sponsor will reinvest the notes that similar relief was granted to www.regulations.gov, as described in revenue into the airport. The property BNSF Railway in docket number FRA– the system of records notice (DOT/ALL– release conveyance will include 2006–24812. UPRR further states that its 14 FDMS), which can be reviewed at appropriate continuing right of flight proposal will result in a moderate www.dot.gov/privacy. See also http:// and continuing restriction clauses that mileage increase of between 21 and 180 www.regulations.gov/#!privacyNotice will prohibit any activity on the land additional miles beyond the present for the privacy notice of regulations.gov. that would interfere with or be a hazard 1,500 mile limit, which would involve Issued in Washington, DC, on June 1, 2015. less than 2 percent of UPRR daily train to the flight of aircraft over the land or Ron Hynes, to and from the airport, or that interferes originations. Director of Technical Oversight. with air navigation and communications A copy of the petition, as well as any facilities serving the airport. written communications concerning the [FR Doc. 2015–13848 Filed 6–5–15; 8:45 am] Any person may inspect, by petition, is available for review online at BILLING CODE 4910–06–P appointment, the request in person at www.regulations.gov and in person at the FAA office listed above under FOR the Department of Transportation’s DEPARTMENT OF TRANSPORTATION FURTHER INFORMATION CONTACT. Docket Operations Facility, 1200 New Jersey Ave. SE., W12–140, Washington, In addition, any person may, upon Surface Transportation Board appointment and request, inspect the DC 20590. The Docket Operations application, notice and other documents Facility is open from 9 a.m. to 5 p.m., [Docket No. EP 682 (Sub-No. 6)] germane to the application in person at Monday through Friday, except Federal the Colorado Springs Airport. Holidays. 2014 Tax Information for Use in the Interested parties are invited to Issued in Denver, Colorado, on June 2, Revenue Shortfall Allocation Method 2015. participate in these proceedings by submitting written views, data, or AGENCY: John P. Bauer, Surface Transportation Board. comments. FRA does not anticipate ACTION: Notice. Manager, Denver Airports District Office. scheduling a public hearing in [FR Doc. 2015–13971 Filed 6–5–15; 8:45 am] connection with these proceedings since SUMMARY: The Board is publishing, and BILLING CODE 4910–13–P the facts do not appear to warrant a providing the public an opportunity to hearing. If any interested party desires comment on, the 2014 weighted average an opportunity for oral comment, they state tax rates for each Class I railroad, DEPARTMENT OF TRANSPORTATION should notify FRA, in writing, before as calculated by the Association of Federal Railroad Administration the end of the comment period and American Railroads (AAR), for use in specify the basis for their request. the Revenue Shortfall Allocation [Docket Number FRA–2015–0036] All communications concerning these Method (RSAM). proceedings should identify the Petition for Waiver of Compliance DATES: Comments are due by July 8, appropriate docket number and may be 2015. If any comment opposing AAR’s submitted by any of the following In accordance with Part 211 of Title calculation is filed, AAR’s reply will be methods: 49 of the Code of Federal Regulations • due by July 28, 2015. If no comments Web site: http:// are filed by the due date, AAR’s (CFR), this provides the public notice www.regulations.gov. Follow the online that by a document dated February 27, calculation of the 2014 weighted instructions for submitting comments. average state tax rates will be 2015, the Union Pacific Railroad • Fax: 202–493–2251. Company (UPRR) has petitioned the • Mail: Docket Operations Facility, automatically adopted by the Board, Federal Railroad Administration (FRA) U.S. Department of Transportation, 1200 effective July 9, 2015. for a waiver of compliance from certain New Jersey Avenue SE., W12–140, ADDRESSES: Comments may be provisions of the Federal railroad safety Washington, DC 20590. submitted either via the Board’s e-filing regulations contained at 49 CFR part • Hand Delivery: 1200 New Jersey format or in traditional paper format. 232—Brake System Safety Standards for Avenue SE., Room W12–140, Any person using e-filing should attach Freight and Other Non-Passenger Trains Washington, DC 20590, between 9 a.m. a document and otherwise comply with and Equipment. Specifically, UPRR and 5 p.m., Monday through Friday, the instructions at the E-FILING link on requests to extend the mileage limits except Federal Holidays. the Board’s Web site at http:// specified for certain designated Communications received by July 23, www.stb.dot.gov. Any person submitting extended haul trains. See 49 CFR 2015 will be considered by FRA before a filing in the traditional paper format 232.213—Extended haul trains. FRA final action is taken. Comments received should send an original and 10 copies assigned the petition docket number after that date will be considered as far referring to Docket No. EP 682 (Sub-No. FRA–2015–0036. as practicable. 6) to: Surface Transportation Board, 395 In its petition, UPRR requests relief Anyone is able to search the E Street SW., Washington, DC 20423– allowing for the moderate extended electronic form of any written 0001.

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FOR FURTHER INFORMATION CONTACT: intended to measure the average markup would be required to submit the annual Jonathon Binet, (202) 245–0368. that the railroad would need to collect tax information necessary for the Assistance for the hearing impaired is from all of its ‘‘potentially captive Board’s annual RSAM calculation. Id. at available through the Federal traffic’’ (traffic with a revenue-to- 5–6. variable-cost ratio above 180%) to earn Information Relay Service (FIRS) at In Annual Submission of Tax adequate revenues as measured by the (800) 877–8339. Information for Use in the Revenue Board under 49 U.S.C. 10704(a)(2) (i.e., SUPPLEMENTARY INFORMATION: The earn a return on investment equal to the Shortfall Allocation Method, EP 682 RSAM figure is one of three benchmarks railroad industry cost of capital). (STB served Feb. 26, 2010), the Board that together are used to determine the Simplified Standards—Taxes in RSAM, adopted rules to require AAR—a reasonableness of a challenged rate slip op. at 1. In Simplified Standards— national trade association—to annually under the Board’s Simplified Standards Taxes in RSAM, slip op. at 3, 5, the calculate and submit to the Board the for Rail Rate Cases, EP 646 (Sub-No. 1) Board modified its RSAM formula to weighted average state tax rate for each (STB served Sept. 5, 2007),1 as further account for taxes, as the prior formula Class I railroad. See 49 CFR 1135.2(a). revised in Simplified Standards for Rail mistakenly compared pre-tax and after- On May 29, 2015, AAR filed its Rate Cases—Taxes in Revenue Shortfall tax revenues. In that decision, the Board calculation of the weighted average state Allocation Method, EP 646 (Sub-No. 2) stated that it would institute a separate tax rates for 2014, listed below for each (STB served Nov. 21, 2008). RSAM is proceeding in which Class I railroads Class I railroad:

WEIGHTED AVERAGE STATE TAX RATES [In percent]

Railroad 2014 2013 % Change

BNSF Railway Company ...... 5.478 5.510 ¥0.032 CSX Transportation, Inc ...... 5.398 5.486 ¥0.088 Grand Trunk Corporation ...... 8.058 8.066 ¥0.008 The Kansas City Southern Railway ...... 5.746 5.762 ¥0.016 Norfolk Southern Combined ...... 5.713 5.821 ¥0.108 Soo Line Corporation ...... 8.092 7.289 0.803 Union Pacific Railroad Company ...... 5.885 5.929 ¥0.044

Any party wishing to comment on DEPARTMENT OF THE TREASURY Sharp, 200 Third Street A4–A, AAR’s calculation of the 2014 weighted Parkersburg, WV 26106–1328, or average state tax rates should file a Bureau of the Fiscal Service [email protected]. comment by July 8, 2015. See 49 CFR FOR FURTHER INFORMATION CONTACT: Proposed Collection of Information: 1135.2(c). If any comments opposing Requests for additional information or Disposition of Treasury Securities AAR’s calculations are filed, AAR’s copies of the form(s) and instructions Belonging to a Decedent’s Estate should be directed to Ron Lewis; 200 reply will be due by July 28, 2015. Id. Being Settled Without Administration If any comments are filed, the Board Third Street Room 515, Parkersburg, will review AAR’s submission, together ACTION: Notice and request for WV 26106–1328, or ron.lewis@ with the comments, and serve a comments. fiscal.treasury.gov. decision within 60 days of the close of SUPPLEMENTARY INFORMATION: SUMMARY: the record that either accepts, rejects, or The Department of the Titles: Disposition of Treasury modifies AAR’s railroad-specific tax Treasury, as part of its continuing effort Securities Belonging To A Decedent’s to reduce paperwork and respondent information. Id. If no comments are filed Estate Being Settled Without burden, invites the general public and by July 8, 2015, AAR’s submitted Administration. other Federal agencies to take this weighted average state tax rates will be OMB Number: 1530–0055 (Previously opportunity to comment on a proposed approved as 1535–0118 as a collection automatically adopted by the Board, and/or continuing information effective July 9, 2015. Id. conducted by Department of the collection, as required by the Paperwork Treasury/Bureau of the Public Debt.) This action will not significantly Reduction Act of 1995, Public Law 104– Transfer of OMB Control Number: The affect either the quality of the human 13 (44 U.S.C. 3506(c)(2)(A). Currently Bureau of Public Debt (BPD) and the environment or the conservation of the Bureau of the Fiscal Service within Financial Management Service (FMS) energy resources. the Department of the Treasury is have consolidated to become the Bureau soliciting comments concerning the Decided: June 3, 2015. of the Fiscal Service (Fiscal Service). ‘‘Disposition of Treasury Securities Information collection requests By the Board, Rachel D. Campbell, Belonging To A Decedent’s Estate Being Director, Office of Proceedings. previously held separately by BPD and Settled Without Administration.’’ FMS will now be identified by a 1530 Brendetta S. Jones, DATES: Written comments should be prefix, designating Fiscal Service. Clearance Clerk. received on or before August 7, 2015 to Form Number: FS Form 5336. [FR Doc. 2015–13905 Filed 6–5–15; 8:45 am] be assured of consideration. Abstract: The information is collected BILLING CODE 4915–01–P ADDRESSES: Direct all written comments from a voluntary representative of a and requests for further information to decedent’s estate to support a request Bureau of the Fiscal Service, Bruce A. for disposition of United States Treasury

1 Aff’d sub nom. CSX Transp., Inc. v. STB, 568 reh’g, CSX Transp., Inc. v. STB, 584 F.3d 1076 (D.C. F.3d 236 (D.C. Cir. 2009), and vacated in part on Cir. 2009).

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Securities and/or related payments in the Department of the Treasury is (b) the accuracy of the agency’s estimate the event that the estate is not being soliciting comments concerning the of the burden of the collection of administered. ‘‘Creditor’s Request For Payment of information; (c) ways to enhance the Current Actions: Extension of a Treasury Securities Belonging To A quality, utility, and clarity of the currently approved collection. Decedent’s Estate Being Settled Without information to be collected; (d) ways to Type of Review: Regular. Administration.’’ minimize the burden of the collection of Affected Public: Individuals or DATES: Written comments should be information on respondents, including Households. received on or before August 7, 2015 to through the use of automated collection Estimated Number of Respondents: be assured of consideration. techniques or other forms of information 25,350. ADDRESSES: Direct all written comments technology; and (e) estimates of capital Estimated Time per Respondent: 30 and requests for further information to or start-up costs and costs of operation, minutes. Bureau of the Fiscal Service, Bruce A. maintenance, and purchase of services Estimated Total Annual Burden to provide information. Hours: 12,675. Sharp, 200 Third Street A4–A, Request for Comments: Comments Parkersburg, WV 26106–1328, or Dated: June 2, 2015. submitted in response to this notice will [email protected]. Bruce A. Sharp, be summarized and/or included in the FOR FURTHER INFORMATION CONTACT: Bureau Clearance Officer. request for OMB approval. All Requests for additional information or [FR Doc. 2015–13951 Filed 6–5–15; 8:45 am] comments will become a matter of copies of the form(s) and instructions BILLING CODE 4810–AS–P public record. Comments are invited on: should be directed to Ron Lewis; 200 (a) Whether the collection of Third Street, Room 515, Parkersburg, information is necessary for the proper WV 26106–1328, or ron.lewis@ DEPARTMENT OF THE TREASURY performance of the functions of the fiscal.treasury.gov. Office of Foreign Assets Control agency, including whether the SUPPLEMENTARY INFORMATION: information shall have practical utility; Titles: Creditor’s Request For Payment Additional Designations, Foreign (b) the accuracy of the agency’s estimate of Treasury Securities Belonging To A Narcotics Kingpin Designation Act of the burden of the collection of Decedent’s Estate Being Settled Without information; (c) ways to enhance the Administration. AGENCY: Office of Foreign Assets quality, utility, and clarity of the OMB Number: 1530–0027 (Previously Control, Treasury. information to be collected; (d) ways to approved as 1535–0055 as a collection ACTION: Notice. minimize the burden of the collection of conducted by Department of the information on respondents, including Treasury/Bureau of the Public Debt.) SUMMARY: The U.S. Department of the through the use of automated collection Transfer of OMB Control Number: The Treasury’s Office of Foreign Assets techniques or other forms of information Bureau of Public Debt (BPD) and the Control (OFAC) is publishing the names technology; and (e) estimates of capital Financial Management Service (FMS) of three individuals and one entity or start-up costs and costs of operation, have consolidated to become the Bureau whose property and interests in maintenance, and purchase of services of the Fiscal Service (Fiscal Service). property have been blocked pursuant to to provide information. Information collection requests the Foreign Narcotics Kingpin previously held separately by BPD and Designation Act (Kingpin Act) (21 Dated: June 2, 2015. U.S.C. 1901–1908, 8 U.S.C. 1182). Bruce A. Sharp, FMS will now be identified by a 1530 prefix, designating Fiscal Service. DATES: The identification of one entity Bureau Clearance Officer. Form Number: FS Form 1050. and the designation of three individuals [FR Doc. 2015–13950 Filed 6–5–15; 8:45 am] Abstract: The information is by the Director of OFAC identified in BILLING CODE 4810–AS–P requested to obtain a creditor’s consent this notice pursuant to section 805(b) of to dispose of savings bonds/notes in the Kingpin Act is effective on June 1, settlement of a deceased owner’s estate 2015. DEPARTMENT OF THE TREASURY without administration. FOR FURTHER INFORMATION CONTACT: Bureau of the Fiscal Service Current Actions: Extension of a Assistant Director, Sanctions currently approved collection. Compliance & Evaluation, Office of Proposed Collection of Information: Type of Review: Regular. Foreign Assets Control, U.S. Department Creditor’s Request for Payment of Affected Public: Individuals or of the Treasury, Washington, DC 20220, Treasury Securities Belonging to a Households. Tel: (202) 622–2490. Decedent’s Estate Being Settled Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: Without Administration 1,500. Estimated Time per Respondent: 6 Electronic and Facsimile Availability ACTION: Notice and request for minutes. This document and additional comments. Estimated Total Annual Burden information concerning OFAC are Hours: 150. available on OFAC’s Web site at SUMMARY: The Department of the Request for Comments: Comments http://www.treasury.gov/ofac or via Treasury, as part of its continuing effort submitted in response to this notice will facsimile through a 24-hour fax-on- to reduce paperwork and respondent be summarized and/or included in the demand service at (202) 622–0077. burden, invites the general public and request for OMB approval. All other Federal agencies to take this comments will become a matter of Background opportunity to comment on a proposed public record. Comments are invited on: The Kingpin Act became law on and/or continuing information (a) Whether the collection of December 3, 1999. The Kingpin Act collection, as required by the Paperwork information is necessary for the proper establishes a program targeting the Reduction Act of 1995, Public Law 104– performance of the functions of the activities of significant foreign narcotics 13 (44 U.S.C. 3506(c)(2)(A). Currently agency, including whether the traffickers and their organizations on a the Bureau of the Fiscal Service within information shall have practical utility; worldwide basis. It provides a statutory

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framework for the imposition of 4. SHINING PATH (a.k.a. COMMUNIST Department Annex, 1500 Pennsylvania sanctions against significant foreign PARTY OF PERU; a.k.a. COMMUNIST Avenue NW., Washington, DC 20220. narcotics traffickers and their PARTY OF PERU ON THE SHINING PATH The library is open on official business organizations on a worldwide basis, OF JOSE CARLOS MARIATEGUI; a.k.a. EGP; days between the hours of 10:00 a.m. a.k.a. EJERCITO GUERRILLERO POPULAR; with the objective of denying their a.k.a. EJERCITO POPULAR DE LIBERACION; and 5:00 p.m. You can make an businesses and agents access to the U.S. a.k.a. PARTIDO COMUNISTA DEL PERU appointment to inspect statements by financial system and the benefits of (COMMUNIST PARTY OF PERU); a.k.a. calling (202) 622–0990. All statements trade and transactions involving U.S. PARTIDO COMUNISTA DEL PERU EN EL received, including attachments and companies and individuals. SENDERO LUMINOSO DE JOSE CARLOS other supporting materials, are part of The Kingpin Act blocks all property MARIATEGUI (COMMUNIST PARTY OF the public record and subject to public and interests in property, subject to U.S. PERU ON THE SHINING PATH OF JOSE disclosure. You should only submit jurisdiction, that are owned or CARLOS MARIATEGUI); a.k.a. PEOPLE’S information that you wish to make controlled of persons who have been AID OF PERU; a.k.a. PEOPLE’S GUERRILLA publicly available. identified by the President as significant ARMY; a.k.a. PEOPLE’S LIBERATION ARMY; a.k.a. SENDERO LUMINOSO; a.k.a. FOR FURTHER INFORMATION CONTACT: foreign narcotics traffickers. In addition, SOCORRO POPULAR DEL PERU; a.k.a. SPP; Louisa Quittman, Director, Financial the Act separately provides that the a.k.a. ‘‘EPL’’; a.k.a. ‘‘PCP’’; a.k.a. ‘‘SL’’) Education, Office of Consumer Policy, Secretary of the Treasury, in [SDNTK] [FTO] [SDGT]. Department of the Treasury, 1500 consultation with the Attorney General, Dated: June 1, 2015. Pennsylvania Avenue NW., Washington, the Director of the Central Intelligence John E. Smith, DC 20220, at (202) 622–5770 or Agency, the Director of the Federal [email protected]. Acting Director, Office of Foreign Assets Bureau of Investigation, the SUPPLEMENTARY INFORMATION: On June Administrator of the Drug Enforcement Control. [FR Doc. 2015–13910 Filed 6–5–15; 8:45 am] 25, 2013, the President signed Executive Administration, the Secretary of Order 13646, creating the Council to BILLING CODE 4810–ALP Defense, and the Secretary of State, may help build the financial capability of designate and block the property and young people at an early age, in schools, interests in property, subject to U.S. DEPARTMENT OF THE TREASURY communities and the workplace. Having jurisdiction, of persons who are found a basic understanding of money to be: (1) Materially assisting in, or Public Meeting of the President’s management at an early age will make providing financial or technological Advisory Council on Financial our young people better equipped to support for or to, or providing goods or Capability for Young Americans tackle more complex financial decisions services in support of, the international in their transition to adulthood, when narcotics trafficking activities of a AGENCY: Department of the Treasury. critical decisions about financing higher person designated pursuant to the ACTION: Notice of meeting. education and saving for retirement can Kingpin Act; (2) owned, controlled, or have lasting consequences for financial directed by, or acting for or on behalf of, SUMMARY: The President’s Advisory Council on Financial Capability for security. Strengthening the financial a person designated pursuant to the capability of our young people is an Kingpin Act; or (3) playing a significant Young Americans (Council) will convene for a public meeting on June investment in our nation’s economic role in international narcotics prosperity. The Council is composed of trafficking. The authority to identify, 17, 2015 at 3:00 p.m. Eastern Time via teleconference. The teleconference will three ex officio federal officials as well designate, and block the property and as 22 non-governmental members interests in property of persons under be open to the public. Details about how to access the teleconference are posted appointed by the President with the Kingpin Act is delegated to the relevant backgrounds, such as financial Director of OFAC pursuant to 31 CFR on the Council’s Web site at http:// www.treasury.gov/pacfcya. services and education. The role of the 598.803. Council is to advise the President and DATES: The meeting will be held on June On June 1, 2015, the Acting Director the Secretary of the Treasury on means of OFAC designated the following three 17, 2015, at 3:00 p.m. Eastern Time. Submission of Written Statements: to promote and enhance the financial individuals whose property and capability of young Americans. In interests in property are blocked The public is invited to submit written statements to the Council. Written accordance with section 10(a) of the pursuant to sections 805(b)(2) and (3) of Federal Advisory Committee Act, 5 the Kingpin Act. statements should be sent by any one of the following methods: U.S.C. App. 2 and the regulations 1. FLORES HALA, Florindo Eleuterio thereunder, Louisa Quittman, (a.k.a. ‘‘COMRADE ARTEMIO’’); DOB 08 Sep Electronic Statements Designated Federal Officer of the 1961; POB San Juan de Siguas, Arequipa, Email: [email protected]; or Council, has ordered publication of this Peru; citizen Peru (individual) [SDNTK]. notice that the Council will convene its 2. QUISPE PALOMINO, Victor (a.k.a. Paper Statements fourth meeting on June 17, 2015 via ‘‘COMRADE JOSE’’); DOB 01 Aug 1960; POB Ayacucho, Peru; citizen Peru (individual) Send paper statements to the teleconference beginning at 3:00 p.m. [SDNTK]. Department of the Treasury, Office of Eastern Time. Members of the public 3. QUISPE PALOMINO, Jorge (a.k.a. Consumer Policy, Main Treasury can access this teleconference through ‘‘COMRADE RAUL’’); DOB 02 Nov 1958; Building, 1500 Pennsylvania Avenue Treasury’s Office of Consumer Policy POB Ayacucho, Peru; citizen Peru NW., Washington, DC 20220. Web site at http://www.treasury.gov/ (individual) [SDNTK]. In general, the Department will make pacfcya. Documents that will be In addition, on June 1, 2015, the all statements available in their original discussed during the meeting will be Acting Director of OFAC identified the format, including any business or posted on the Council’s Web site at following entity, which was previously personal information provided such as http://www.treasury.gov/pacfcya on the designated pursuant to Executive Order names, addresses, email addresses, or day of the meeting. During this meeting, 13224, as a significant foreign narcotics telephone numbers, for public the Council will (i) vote on the final trafficker purusant to section 804(b) of inspection and photocopying in the recommendations of the Council, and the Kingpin Act: Department’s library located at Treasury (ii) make announcements. Due to the

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significant logistical difficulties of Congress annually on ‘‘the national hearing will be posted to the scheduling the PACFCYA meeting, this security implications of the economic Commission’s Web site at meeting has been scheduled with less relationship between the United States www.uscc.gov. Also, please check our than 15 days’ notice, (see 41 CFR 102– and the People’s Republic of China.’’ Web site for possible changes to the 3.150(b)). Pursuant to this mandate, the hearing schedule. Reservations are not Commission will hold a public hearing required to attend the hearing. David G. Clunie, in Washington, DC on 6/15/2015, on FOR FURTHER INFORMATION CONTACT: Any Executive Secretary, Department of the ‘‘Commercial Cyber Espionage and Treasury. member of the public seeking further Barriers to Digital Trade in China.’’ [FR Doc. 2015–13913 Filed 6–5–15; 8:45 am] Background: This is the seventh information concerning the hearing BILLING CODE 4810–25–P public hearing the Commission will should contact Reed Eckhold, 444 North hold during its 2015 report cycle to Capitol Street NW., Suite 602, collect input from academic, industry, Washington, DC 20001; phone: 202– U.S.-CHINA ECONOMIC AND and government experts on national 624–1496, or via email at reckhold@ SECURITY REVIEW COMMISSION security implications of the U.S. uscc.gov. Reservations are not required bilateral trade and economic to attend the hearing. Notice of Open Public Hearing relationship with China. The hearing Authority: Congress created the U.S.- AGENCY: U.S.-China Economic and will be on Commercial Cyber Espionage China Economic and Security Review Security Review Commission. and Barriers to Digital Trade in China. Commission in 2000 in the National Defense The hearing will be co-chaired by Authorization Act (Pub. L. 106–398), as ACTION: Notice of open public hearing amended by Division P of the Consolidated June 15, 2015—Washington, DC. Commissioners Carte Goodwin and Dennis Shea. Any interested party may Appropriations Resolution, 2003 (Pub. L. 108–7), as amended by Public Law 109–108 SUMMARY: Notice is hereby given of the file a written statement by June 15, (November 22, 2005), as amended by Public following hearing of the U.S.-China 2015, by mailing to the contact below. Law 113–291 (December 19, 2014). Economic and Security Review A portion of each panel will include a Commission. question and answer period between the Dated: June 2, 2015. Name: William A. Reinsch, Chairman Commissioners and the witnesses. Kathleen Wilson, of the U.S.-China Economic and Location, Date and Time: Room: Finance and Operations Director, U.S.-China Security Review Commission. The Dirksen Senate Office Building Room Economic and Security, Review Commission. Commission is mandated by Congress to 608. Monday, June 15, 2015, 9:00 a.m.– [FR Doc. 2015–13836 Filed 6–5–15; 8:45 am] investigate, assess, and report to 12:30 p.m. A detailed agenda for the BILLING CODE 1137–00–P

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Reader Aids Federal Register Vol. 80, No. 109 Monday, June 8, 2015

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Ch. II ...... 32046 Presidential Documents 2 CFR Ch. III ...... 32046 Executive orders and proclamations 741–6000 600...... 31299 The United States Government Manual 741–6000 3 CFR 14 CFR Other Services Proclamations: 39...... 30928, 32294 95...... 31988 Electronic and on-line services (voice) 741–6020 9288...... 31821 9289...... 31823 97...... 32297, 32299 Privacy Act Compilation 741–6064 400...... 31831 Public Laws Update Service (numbers, dates, etc.) 741–6043 9290...... 31825 9291...... 31827 401...... 31831 TTY for the deaf-and-hard-of-hearing 741–6086 9292...... 31829 Proposed Rules: 39 ...... 30963, 31325, 32055, 5 CFR ELECTRONIC RESEARCH 32058, 32061, 32063, 32066, Ch. IV...... 32244 32069, 32072, 32315, 32316 World Wide Web Proposed Rules: 71...... 32074 531...... 30955 Full text of the daily Federal Register, CFR and other publications 532...... 32042 15 CFR is located at: www.fdsys.gov. 744...... 31834 7 CFR Federal Register information and research tools, including Public Proposed Rules: Inspection List, indexes, and Code of Federal Regulations are 930...... 30919 734...... 31505 located at: www.ofr.gov. 3550...... 31971 740...... 31505 Proposed Rules: 750...... 31505 E-mail 319...... 30959 764...... 31505 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 925...... 32043 772...... 31505 an open e-mail service that provides subscribers with a digital 8 CFR form of the Federal Register Table of Contents. The digital form 17 CFR of the Federal Register Table of Contents includes HTML and 217...... 32267 200...... 31836 PDF links to the full text of each document. 1003...... 31461 230...... 31836 To join or leave, go to http://listserv.access.gpo.gov and select 10 CFR 232...... 31836 239...... 31836 Online mailing list archives, FEDREGTOC-L, Join or leave the list 72...... 30924 (or change settings); then follow the instructions. 240...... 31836 430...... 31971 249...... 31836 PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: 260...... 31836 service that notifies subscribers of recently enacted laws. 429 ...... 30962, 31324, 31487 Proposed Rules: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 430 ...... 30962, 31324, 31487, 32...... 31326 and select Join or leave the list (or change settings); then follow 31646 20 CFR the instructions. 12 CFR 404...... 31990 FEDREGTOC-L and PENS are mailing lists only. We cannot 4...... 31463 416...... 31990 respond to specific inquiries. 5...... 31463 Reference questions. Send questions and comments about the 7...... 31463 21 CFR 14...... 31463 Federal Register system to: [email protected] 73...... 31466, 32303 24...... 31463 The Federal Register staff cannot interpret specific documents or 32...... 31463 514...... 31708 regulations. 34...... 31463 558...... 31708 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 100...... 31463 870...... 32307 longer appears in the Federal Register. This information can be 116...... 31463 876...... 30931 found online at http://bookstore.gpo.gov/. 143...... 31463 895...... 31299 144...... 31463 Proposed Rules: 558...... 31520 FEDERAL REGISTER PAGES AND DATE, JUNE 145...... 31463 146...... 31463 1308...... 31521 150...... 31463 30919–31298...... 1 22 CFR 31299–31460...... 2 152...... 31463 135...... 31299 31461–31830...... 3 159...... 31463 160...... 31463 145...... 31299 31831–31970...... 4 161...... 31463 Proposed Rules: 31971–32266...... 5 162...... 31463 120...... 31525 32267–32438...... 8 163...... 31463 123...... 31525 174...... 31463 125...... 31525 192...... 31463 127...... 31525 193...... 31463 600...... 32294 23 CFR Proposed Rules: Proposed Rules: Ch. I ...... 32046 625...... 31327

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24 CFR 31 CFR 31338, 31867, 32078, 32324 Proposed Rules: 80...... 31870 Proposed Rules: Proposed Rules: 2...... 31561 97...... 30988 91...... 31538 1...... 31336 5...... 31561 271...... 31338 576...... 31538 7...... 31561 435...... 31342 888...... 31332 32 CFR 8...... 31561 745...... 31871 706...... 32002 10...... 31561 25 CFR 41 CFR 12...... 31561 33 CFR 15...... 31561 502...... 31991 51–6...... 32038 513...... 31991 117 ...... 30934, 31300, 31466, 16...... 31561 514...... 31991 31467, 32312 42 CFR 19...... 31561 516...... 31991 165 ...... 30934, 30935, 30936, 413...... 31485 52...... 31561 522...... 31991 31300, 31467, 31843, 32312, Proposed Rules: 531...... 31991 32313 88...... 32333 49 CFR 533...... 31991 Proposed Rules: 431...... 31098 10...... 32039 535...... 31991 165...... 32318, 32321 433...... 31098 1510...... 31850 556...... 31991 438...... 31098 34 CFR 559...... 31991 440...... 31098 571...... 31991 Subtitle A ...... 32210 457...... 31098 50 CFR 573...... 31991 495...... 31098 575...... 31991 39 CFR 218...... 31310 580...... 31991 601...... 31844 43 CFR 300...... 32313 622...... 30947 955...... 31303 Proposed Rules: 26 CFR 3100...... 31560 635...... 32040 1 ...... 31837, 31995, 31996 40 CFR 648...... 31864 9...... 32003 44 CFR 660...... 31486, 31858 28 CFR 52 ...... 30939, 30941, 31305, 64...... 31847 665...... 31863 0...... 31998 31844, 32017, 32019, 32026 Proposed Rules: Proposed Rules: 552...... 32000 63...... 31470 67 ...... 32334, 32335, 32336, 17...... 30990, 31875 180 ...... 31481, 32029, 32034 32337 218...... 31738 30 CFR 721...... 32003 622...... 31880 Proposed Rules: Proposed Rules: 48 CFR 648...... 31343, 31347 250...... 31560 52 ...... 30965, 30974, 30984, 225...... 31309 660...... 31884

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List June 5, 2015 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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